Page:Cook Islands Constitution Act 1964.pdf/33

Reprinted as at 4 August 1965 The Land Appellate Court of the Cook Islands

55 Land Appellate Court of the Cook Islands

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

56 Judges of the Land Appellate Court

(1) The Judges of the Land Court of the Cook Islands and the Judges of the Maori Land Court of New Zealand shall be the Judges of the Land Appellate Court.

(2) Any two or more of the Judges (other than any Judge who determined the matter in dispute in the Land Court) shall have power to act as the Land Appellate Court:

Provided that two Judges at least shall concur in every decision of that Court.

(3) The Land Appellate Court may sit in two or more divisions at the same time, and each division shall have all the powers and jurisdiction of the Land Appellate Court.

(4) The Chief Judge of the Land Court of the Cook Islands shall preside at any sitting of the Land Appellate Court at which he is present. In his absence the Chief Judge of the Maori Land Court of New Zealand, if present, shall preside, and in the absence of both of those Judges the senior Judge present shall preside.

Appointment, tenure of office, and salaries of Judges and Commissioners

57 Appointment of Judges and Commissioners

The Judges and Commissioners of the High Court or of the Land Court shall be appointed as follows:
 * (a) The Chief Judge of the High Court and the Chief Judge of the Land Court shall be appointed by the High Commissioner, acting on the advice of the Premier:
 * (b) The Judges of the High Court or of the Land Court (other than the Chief Judge) and the Commissioners of the High Court or of the Land Court shall be appointed by the High Commissioner, acting on the advice of the Judicial Service Commission.

Schedule Article 57(a): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 57(b): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2). Rh