Page:Cook Islands Constitution Act 1964.pdf/32

Schedule The Land Court of the Cook Islands

52 Land Court established

There shall be a Court of record, to be called the Land Court of the Cook Islands, which shall have the jurisdiction and powers conferred upon it by law.

53 Judges and Commissioners of the Land Court

(1) The Land 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 the Chief Judge of the Land Court, but, if more than one Judge is so 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 Land Court unless he possesses such qualifications as the High Commissioner, acting on the advice of the Judicial Service Commission, prescribes.

Schedule Article 53(3): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

54 Commissioners of the Land Court

(1) A Commissioner of the Land Court shall possess and may exercise such of the functions of a Judge of the Land 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 Land Court shall be construed as applying to a Commissioner of the Land Court within the limits of the jurisdiction conferred upon him.

(2) The office of Commissioner of the Land 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 office in the Cook Islands Public Service, or may be held concurrently with any other position, but a Commissioner of the Land 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 Land Court to a Judge of that Court.

Schedule Article 54(1): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2). 32