Page:Cook Islands Constitution Act 1964.pdf/30

Schedule Part IV The Judiciary

The High Court of the Cook Islands

47 High Court established

(1) There shall be a Court of record, to be called the High Court of the Cook Islands, for the administration of justice throughout those islands.

(2) Except as provided in this Constitution or by law, the High Court shall have all such jurisdiction (both civil and criminal) as may be necessary to administer the law in force in the Cook Islands.

48 Judges and Commissioners of the High Court

(1) The High Court shall consist of such Judges and Commissioners of that Court as are from time to time appointed under the provisions of this Constitution.

(2) If only one Judge is so appointed, he shall be deemed to be Chief Judge of the High Court, but, if more than one Judge is appointed, one shall be appointed Chief Judge of that Court.

(3) A person shall not be qualified for appointment as a Judge or Commissioner of the High Court unless he possesses such qualifications as the High Commissioner, acting on the advice of the Judicial Service Commission, prescribes.

Schedule Article 48(3): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

49 Commissioners of the High Court

(1) A Commissioner of the High Court shall possess and may exercise such of the functions of a Judge of the High Court (whether judicial or administrative, but excluding those vested exclusively in the Chief Judge of that Court) as the High Commissioner, acting on the advice of the Judicial Service Commission, from time to time determines, either generally or with respect to any particular Commissioner or Commissioners of that Court, and all references in any enactment to a Judge of the High Court shall be construed as applying to a Commissioner of the High Court within the limits of the jurisdiction so conferred on him.

(2) The office of Commissioner of the High Court may, with the approval of the Secretary of the Premier’s Department, be held concurrently with the office of a Registrar of that Court or with any other position in the Cook Islands Public Service, or may be held concurrently with any other position, but a Commissioner of the High Court in the exercise of his functions as such shall not be under the control of the Secretary of the Premier’s Department.

(3) Provision may be made by law for appeals from a Commissioner of the High Court to a Judge of that Court. 30