Chief Justice of the Cook Islands

Last updated

The Chief Justice of the Cook Islands is the head of the Cook Islands judiciary. They preside over the High Court of the Cook Islands and serve as a member of the Cook Islands Court of Appeal. The office was established by the Cook Islands Constitution. [1] [2]

The Chief Justice is appointed by the King's Representative on the advice of the Executive Council. [3] They must be qualified to sit on the High Court, meaning that they must have either served as a justice of the High Court of New Zealand, the Court of Appeal of New Zealand, or the Supreme Court of New Zealand, or have practiced as a barrister in New Zealand or a country with an equivalent legal system for at least seven years. [4] When the position of Chief Justice is vacant, or the holder is absent or incapacitated, the senior judge of the High Court serves as Acting Chief Justice. [5]

The Chief Justice also acts in place of the King's Representative if that position is vacant or the appointee is absent or unable to perform their duties. [6]

List of office holders

Related Research Articles

<span class="mw-page-title-main">Politics of the Cook Islands</span> Political system of Cook Islands

The politics of the Cook Islands takes place in a framework of a parliamentary representative democracy within a constitutional monarchy. The Monarch of New Zealand, represented in the Cook Islands by the King or Queen's Representative, was the Head of State; the prime minister is the head of government of a multi-party system. The nation is self-governing and are fully responsible for internal and foreign affairs. Since 2001, the Cook Islands has run its own foreign and defence policy. Executive power is exercised by the government, while legislative power is vested in both the government and the islands' parliament. The judiciary is independent of the executive and the legislatures.

<span class="mw-page-title-main">Politics of Niue</span> Political system of Niue

The politics of Niue take place in a framework of a parliamentary representative democratic dependency, whereby the Chief Minister is the head of government, and of a non-partisan system. Niue is self-governing in free association with New Zealand and is fully responsible for internal affairs. New Zealand retains some responsibility for external affairs, in consultation with Niue. The Niue Constitution Act 1974 (NZ) vests executive authority in His Majesty the King in Right of New Zealand and the Governor-General of New Zealand. The constitution specifies that in everyday practice, it is exercised by a Cabinet of the Premier of Niue and three other ministers. The premier and ministers must be members of the Niue Assembly, the nation's legislative assembly. The Judiciary is independent of the executive and the legislature.

<span class="mw-page-title-main">Sian Elias</span> New Zealand judge, and 12th Chief Justice of New Zealand

Dame Sian Seerpoohi Elias is a New Zealand former Government official, who served as the 12th chief justice of New Zealand, and was therefore the most senior member of the country's judiciary. She was the presiding judge of the Supreme Court of New Zealand and on several occasions acted as administrator of the Government.

<span class="mw-page-title-main">Chief Justice of Fiji</span> Highest judicial officer of Fiji

The chief justice is Fiji's highest judicial officer. The office and its responsibilities are set out in Chapter 5 of the 2013 Constitution of Fiji. The Chief Justice is appointed by the President on the advice of the Prime Minister.

<span class="mw-page-title-main">Joe Williams (Cook Islands politician)</span> Cook Islands doctor and politician (1934–2020)

Joseph Williams was a Cook Islands politician and physician who served as Prime Minister of the Cook Islands for four months in 1999. He is credited with having worked to prevent the spread of the tropical disease lymphatic filariasis (elephantiasis). He principally resided in Auckland, New Zealand, where he was medical director of the Mt Wellington Integrated Family Health Centre.

<span class="mw-page-title-main">Albert Henry (politician)</span> First Premier of the Cook Islands

Albert Royle Henry was the first Premier of the Cook Islands and the founder and first leader of the Cook Islands Party (CIP). First elected Premier in August 1965, he was unseated in the aftermath of the 1978 election after an electoral petition found he had committed electoral fraud. He was later stripped of his knighthood.

<span class="mw-page-title-main">Hugh Williams (judge)</span>

Sir John Hugh Williams, generally known as Hugh Williams, is a former president of the New Zealand Electoral Commission and a retired judge of the High Court of New Zealand. From 2016 to 2022 he was Chief Justice of the Cook Islands.

Sir Frederik Gordon Roy Ward OBE is a retired British judge who has served in various countries of the Commonwealth.

Sir Graham Davies Speight was a New Zealand High Court judge. He served as the acting Queen's Representative in the Cook Islands in 1984.

<span class="mw-page-title-main">1978 Cook Islands general election</span>

General elections were held in the Cook Islands on 30 March 1978 to elect members of the Legislative Assembly. The result was a victory for the Cook Islands Party (CIP) of Premier Albert Henry, which won 15 of the 22 seats. The Democratic Party won the remaining seven seats.

<span class="mw-page-title-main">Gaven Donne</span> New Zealand judge

Sir Gaven John Donne was a New Zealand-born former Chief Justice of Samoa, Niue, the Cook Islands, Nauru and Tuvalu.

Thomas Crowley Weston is a New Zealand lawyer and former Chief Justice of the Cook Islands. He is also known as a poet.

Sir James Peter Quilliam was a New Zealand lawyer and jurist. He served as Chief Justice of the Cook Islands and a judge of the High Court of New Zealand.

<span class="mw-page-title-main">High Court of Tuvalu</span> Court in Tuvalu

The High Court of Tuvalu is the superior court of Tuvalu. It has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts.

Colin Maurice Nicholson was a New Zealand lawyer and jurist. He served as a judge of the High Court of New Zealand from 1998 until 2009. He also served as a justice of the High Court of the Cook Islands from his appointment in April 2005 until his retirement in May 2012. In 2011, Nicholson became the first judge to prosecute citizens of the Cook Islands for counterfeit DVD piracy.

<span class="mw-page-title-main">David Williams (arbitrator)</span> New Zealand lawyer, jurist, and international arbitrator

Sir David Arthur Rhodes Williams is a New Zealand lawyer, jurist, and international arbitrator. From 2005 to 2010 he served as Chief Justice of the Cook Islands.

The 1979 New Year Honours in New Zealand were appointments by Elizabeth II on the advice of the New Zealand government to various orders and honours to reward and highlight good works by New Zealanders. The awards celebrated the passing of 1978 and the beginning of 1979, and were announced on 30 December 1978.

The 1956 Queen's Birthday Honours in New Zealand, celebrating the official birthday of Elizabeth II, were appointments made by the Queen on the advice of the New Zealand government to various orders and honours to reward and highlight good works by New Zealanders. They were announced on 31 May 1956.

<span class="mw-page-title-main">Ian Barker (jurist)</span> New Zealand jurist (1934–2022)

Sir Richard Ian Barker was a New Zealand jurist. His legal career spanned over six decades. He was a lawyer for 20 years, followed by 20 years as a judge at the High Court, before he worked for another two decades as a mediator and arbitrator. Barker was involved in the law reform in the Cook Islands.

<span class="mw-page-title-main">Cook Islands Court of Appeal</span>

The Court of Appeal of the Cook Islands is the superior court of record for the Cook Islands. It hears appeals from the High Court of the Cook Islands and was established by Article 56 of the Constitution of the Cook Islands.

References

  1. Constitution of the Cook Islands, s49(2).
  2. "Constitution of the Cook Islands". Pacific Islands Legal Information Institute. Archived from the original on 11 July 2006. Retrieved 12 February 2021.
  3. Constitution of the Cook Islands, s52.
  4. Constitution of the Cook Islands, s49(3).
  5. Constitution of the Cook Islands, s51.
  6. Constitution of the Cook Islands, s7.
  7. "Sir Gaven Donne KBE". Scoop Media. 30 March 2010. Retrieved 12 February 2021.
  8. "Former judge Sir Graham Speight dies". Otago Daily Times . 21 July 2008. Retrieved 1 August 2008.
  9. Taylor, Alister, ed. (2001). New Zealand Who's Who Aotearoa 2001. Auckland: Alister Taylor Publishers. p. 729. ISSN   1172-9813.
  10. "David A R Williams QC Honoured". Auckland Law School. 26 January 2017. Retrieved 12 February 2021.
  11. "New Chief Justice sworn in". Cook Islands News. 14 May 2010. Retrieved 12 February 2021.
  12. "New Chief Justice for Cook Islands". New Zealand Law Society. Retrieved 12 February 2021.
  13. "Media Release: Judicial Appointments". Ministry of Justice. 6 December 2022. Retrieved 9 December 2022.