Page:Cook Islands Constitution Act 1964.pdf/31

Reprinted as at 4 August 1965 Schedule Article 49(1): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

50 Acting Chief Judge of the High Court

Where any vacancy exists in the office of Chief Judge of the High Court or the Chief Judge of the High Court is absent from the Cook Islands or is, by reason of illness or any cause other than absence from the Cook Islands, unable to perform the office or exercise any function of Chief Judge of the High Court, the High Commissioner, acting on the advice of the Premier, may authorise the senior other Judge of the High Court for the time being in the Cook Islands, or, if there is no other Judge of the High Court in the Cook Islands, the Chief Judge of the Land Court, to perform that office or exercise that function until a Chief Judge of the High Court is appointed or, as the case may be, the Chief Judge of the High Court resumes that office or exercises that function.

Schedule Article 50: amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

51 Acting Judge of the High Court

(1) The High Commissioner, acting on the advice of the Premier, may authorise any Judge of the Land Court or, acting on the advice of the Judicial Service Commission, may authorise any other person who is qualified to be appointed as a Judge of the High Court, to act as a Judge of the High Court, if—
 * (a) There is no Judge of the High Court for the time being in the Cook Islands or, by reason of illness or other cause, there is no Judge of the High Court available to act; or
 * (b) The Judge of the Land Court or that other person is present on any island of the Cook Islands where civil or criminal proceedings are pending, and—
 * (i) No Judge of the High Court can be present on that island within a reasonable time to act; or
 * (ii) Such proceedings are within the jurisdiction of a Commissioner of the High Court and there is no Judge of the High Court and no such Commissioner present on that island.

(2) Any authority granted under this Article may be revoked at any time by the High Commissioner, acting on the advice of the Premier or, as the case may be, the Judicial Service Commission.

Schedule Article 51(1): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 51(2): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2). Rh