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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. [1]
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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. [1]
The judiciary is headed by the President of the Court of Appeal or, in the President's absence, the Chief Justice of the High Court or the judge with the highest seniority. The judges have seniority based on their date of first appointment to a court in the Cook Islands or elsewhere. [1] Decisions can be made by a panel of any three judges and require a majority vote of the panel. [2] A judge cannot hear an appeal for a decision which they made or by a court on which they sit. [1]
A judge cannot be appointed to the Court of Appeal unless they have been a judge of the Court of Appeal of New Zealand, the High Court of New Zealand, or the High Court of the Cook Islands. A judge can also be appointed by the King's Representative if so advised by the Executive Council and the Prime Minister. [1]
Most sittings of the Court of Appeal take place in New Zealand. [3]
The Court of Appeal can hear appeals from the High Court subject to the Constitution and the Judicature Act. These circumstances are where the High Court decides that the case involves a substantial question of law which relates to the interpretation or effect of the Constitution, where a criminal defendant has been given a fine of over $200 or sentenced to imprisonment for longer than six months, where a civil matter is more $400 or more, or there is a question involving any provision in Part IVA: Fundamental Human Rights and Freedoms of the Constitution. For any other case, the appeal can be heard with the permission of the High Court if it is of high importance. [2]
The Court of Appeal decision is final, but there is a right of appeal to the Privy Council with the consent of either the Court of Appeal or the Privy Council itself. [1]
The following are the judges of the Court of Appeal as of December 2016: [4]
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.
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The Order of precedence in New Zealand is a guide to the relative seniority of constitutional office holders and certain others, to be followed, as appropriate at State and official functions. The previous order of precedence was revoked and Queen Elizabeth II approved the following Order of Precedence in New Zealand effective 20 September 2018:
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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.
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.
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The judiciary of the Cook Islands is a system of courts that interprets and applies the laws of the Cook Islands. The judiciary has three levels: the Judicial Committee of the Privy Council serves as the final court of appeal. The Cook Islands Court of Appeal hears appeals from the High Court. The High Court of the Cook Islands deals with criminal and civil cases, as well as land cases under customary law. Minor crimes are heard in the High Court by Justices of the Peace.
The High Court of the Cook Islands is the court of first instance in the Cook Islands. It has general jurisdiction and responsibility under the Constitution of the Cook Islands for the administration of justice in the Cook Islands. The Court is established by part IV of the Constitution of the Cook Islands.
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