2 General Assembly-Twentieth Session-Annexes
Arikis) was omitted and it was provided that the func At a special session on 4 August, Mr. Albert Henry tions which were to have been performed by the Coun was elected Premier and announced his Cabinet. cil of three would be performed by the High Commis sioner alone. The Constitution being in force, it has passed beyond the control of the New Zealand .Parliament. From now On 9 July, the residential qualifications which had on, the Cook Islands Legislative Assembly has sole previously barred him from standing having been re power to amend the Constitution or, in the case of the moved, Mr. Albert Henry contested and won a by entrenched clauses ( that is the six clauses where a election. He became Leader of Government Business. popular referendum as well as a vote by the Legislative On 26 July, the Legislative Assembly debated the Assembly is required) to initiate amendments. Thus amended constitution and adopted the following resolu the people of the Cook Islands now have sole control tion: of their own future, with the power to change their "The Legislative Assembly of the Cook Islands status as they wish. They have complete legislative au "Hereby resolves that the Cook Islands shall be tonomy. There is no legal barrier to their assumption self-governing in free association with New Zealand. of sovereign independence except the need for the assent "Requests New Zealand, in consultation with the of two thirds of the members of the Cook Islands Legis Government of the Cook Islands, to discharge the lative Assembly and two thirds of the people as ex responsibilities for the external affairs and defence pressed by referendum. of the Cook Islands. I am pleased to forward for distribution fifty copies "Approves the Constitution of the Cook Islands as of the Cook Islands Constitution Amendment Act 1965, amended in accordance with the wishes of this As amending the Cook Islands Constitution Act 1964. The sembly. Constitution as amended, and as now in force in the "Requests that the Constitution be brought into Cook Islands, is to be found in the Second Schedule force on the. fourth day of August 1965." to the 1965 Act. For convenience of reference, a copy of the prefatory sections of the Cook Island Constitu Twenty of the twenty-two members of the Assembly tion Act 1964 is included with each copy of the supported this resolution. The dissenting votes were 1965 Act. cast by the members for Penrhyn and Rakahanga, two northern islands. (Signed) F. H. CORNER At midnight on 3 August, in accordance with the Permanent Representative of wish of the Assembly, the Constitution of the Cook New Zealand to the United Islands was brought into force. Nations
DOCUMENf A/5962*
Report of the United Nations Representative for the Supervision of the Elections in the Cook Islands [ Original text: English] [20 August 1965]
CONTENTS Page LETTER OF TRANSMITTAL 4 Paragraphs INTRODUCTION ...... • ...... 1-32 A. Background to the creation of the Mission ...... 1-15 United Nations established policy regarding Non-Self-Governing Territories 1-2 Consideration of the Cook Islands by the United Nations ...... 3-9 Installation of the Mission and itinerairy of the United Nations Representative 10-15 B. General information on the Cook Islands ...... 16--30 Geography ...... • .. • • .. • • • • • • • • · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 17-19 Population ...... • • • • • • • • • • • · • · · · · · · • • · · · · · · · · · · · · · · · · · · · · 20 Economy ...... 21-24 Education ...... • • • • • • • • • • • • • • • • • • • · · • · · · · · · · · · · · · · · · · · · · · · · · · · · · 25-26 Government ...... • • . • . • • • • • • • • • • • • • • • · · • • · · · · · · · · 27-30 C. Form of the report ...... 31-32
p ART I. ELECTIONS IN THE COOK ISLANDS ...... 33-152 A. Organization of elections by the administering Power ...... 33-55 Cook Islands Legislative Assembly Regulations, 1965 ...... 34 Date of elections ...... 35 Electoral officers and scrutineers ...... 36--38 Constituencies ...... 39 Qualifications of members and electors ...... 40--41 Registration ...... 42--46 Voting arrangements and procedures for voting ...... 47-50 Preliminary count of votes ...... 51
* Incorporating document A/5962/Corr.l. Agenda items 23 and 24 3 CONTENTS (continued) Paragraphs Scrutiny ...... 52 Counting and declaration of vote ...... 53-54 Printing and distribution of ballot papers ...... 55 B. Public enlightenment programme ...... 56-63 C. Political parties and their activities in the elections ...... 64-79 D. Conduct and results of the elections ...... 80-88 Polling day ...... 80-84 Results of the elections ...... 85-88 E. Conclusions ...... 89-137 Introduction ...... 39:...92 Administrative and physical arrangements ...... 93-105 Impartiality of officials concerned with the elections ...... 106-112 Assessment of the awareness of the people regarding the significance of the elections ...... 113-128 F,reedom of exercise of rights prior to and during polling ...... 129-133 Precautions aimed at safeguarding voting papers ...... 134 Counting of the votes ...... 135-137 F. Summary of con~lusions ...... 138--152
p ART IJ. CoNSTITUTIONAL DEVELOPMENTS ...... 153-431 A. Historical background to constitutional development in the Cook Islands .. 153-186 Transfer of the Cook Islands to New Zealand ...... 155-160 Reforms under the Cook Islands Amendment Act, 1946 ...... 161-162 Reforms of the period 1957 to 1961 ...... 163-168 Reforms of the period 1961 to 1964 and the effect of the role of United Nations ...... • • • • • • • • • • • · · • • · · • • 169-186 B. Draft constitution of the Cook Islands-what it means ...... 187-213 Political status envisaged ...... • .... . 187-188 Institutional arrangements ...... 189-213 Head of State ...... • • .... . 189 High Commissioner ...... 190-191 Council of State ...... • . • • • • • • • • • • • • • 192-197 Cabinet ...... • • • • • • • • • • • • • • • • · · · · · · · · · · · · · · · · · 198 Executive Council ...... 199-200 Legislative Assembly ...... 201-208 Judiciary ...... • • • • • • · • • • • • • · · · · · · · · · · · · · · · · · · · · · 209-211 Audit Office ...... • • • • • • • • • • • • · • · · · · · · · · · · · · · · · · 212 Public Service ...... • • • • ... • • • • • • • • • • • · · · · · · · · · · · • 213 C. Cook Islands Amendment Act, 1964 ...... 214-217 D. First meeting of the new Legislative Assembly ...... 218-431 Summary of the debate ...... 219-327 Observations ...... • . • • • • · • · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 328-431 General considerations ...... 330-357 Residential qualifications ...... 358--380 Institutional arrangements ...... 381-409 New Zealand and the Cook Islands ...... 410-427 United Nations and the Cook Islands ...... 428--431
ACKNOWLEDGEMENTS ...... •.....•...... , . , , . · · ... , .•. , . · · . · . · · · . · · · · · .. 432-443
ANNEXES Page I. Statement to the Press by the United Nations Representative for the Supervision of the Elections in the Cook Islands ...... 51 II. A•rea and estimated population as at 31 December 1964 ...... 51 III. Broadcast to the people of the Cook Islands by Ambassador F. H. Corner, Permanent Representative of New Zealand to the United Nations, March 1965 ...... 51 IV. Legislative Assembly Paper No. 45: Constitutional Development ...... 52 V. Circular Jetter, dated 5 May 1965 from the Clerk of the Legislative Assembly ...... 54 VI. Legislative Assembly of the Cook Islands 1965: Order Paper No. 1 ...... 54 VII. Opening address by Mr. 0. A. Dare, Resident Commissioner in his capacity as President 54 VIII. Address by the United Nations Representative ...... 55 IX. Legislative Assembly Paper No. I-Business Paper ...... 55 X. Motions adopted at the first meeting of the eighth session of the Legislative Assembly of the Cook Islands ...... 56 4 General Assembly-Twentieth Session-Annexes
Letter of transmittal Geneva, 30 June 1965 Sir, 1 have the honour to transmit herewith my report on the organization, con duct and results of the elections in the Cook Islands, held on 20 April 1965, and on the debate and decision upon the Constitution by the newly elected Legislative Assembly in May. In accordance with resolution 2005 (XIX), adopted by the General Assembly on 18 February 1965, I should be grateful if you would submit the report to the Special Committee of Twenty-four and to the General Assembly. Accept, Sir, the assurances of my highest, consideration. (Signed) Omar A. H. ADEEL United Nations Representative for the Supervision of the Elections in the Cook Islands His Excellency U Thant Secretary-General United Nations New York
Introcluction Consideration of the Cook Islands by the United Nations
A. BACKGROUND TO THE CREATION OF THE MISSION 3. Specific consideration of the Cook Islands began at the 244th meeting of the Special Committee on the United Nations established policy regarding Non-Self Situation with regard to the Implementation of the Governing Territories Declaration on the Granting of Independence to Colonial Countries and Peoples, with a statement by the repre 1. The United Nations policy regarding Non-Self sentative of New Zealand, in which he said that, al Governing Territories is laid down in Chapter XI of though the Territory was small, the relevant provisions the Charter and in the General Assembly's Declaration of the Charter and the Declaration on the Granting of on the Granting of Independence to Colonial Countries Independence to Colonial Countries and Peoples, which and Peoples (resolution 1514 (XV) of 14 Decem New Zealand fully supported, applied to it just as much ber 1960). Article 73 of the Charter lays down the as to larger territories. The Territory was then referred principle of international responsibility for the welfare to Sub-Committee II. After considering the Sub and advancement of the inhabitants of Non-Self Committee's report (A/5800/Rev.1, Chap. XV, an Governing Territories. It states, among other things, nex), the Special Committee, at its 304th meeting, ap that Members of the United Nations administering proved it and, with two amendments, adopted without these Territories recognize the principle that the in objection the conclusions and recommendations con terests of their inhabitants are paramount, and that tained therein. administering Powers accept as a sacred trust the obligation to promote their well-being; to develop self 4. In its conclusions, the Special Committee wel government; to take due account of the political aspira comed inter alia the statement of policy by the New tions of the peoples and to assist them in the progressive Zealand Government. It noted that the constitutional development of their free political institutions. advance made in the Territory, with the assistance of the Government of New Zealand, had been substantial, 2. The General Assembly resolution on the granting but that further steps were needed to attain the ob of independenc~ to colonial countries and peoples was jectives of the Declaration contained in resolution 1514 adopted by 89 votes ( including that of New Zeal_and), (XV). It noted with satisfaction the efforts n:iade by and, without any dissent, procla~1~1ed the necess'.ty_ of the New Zealand Government in carrying out its obli bringing to a speedy an? unc?ndit10nal end co~omahs1;1 gations as administering Power and its co-opera~ion in all its forms and mamfestat10ns. It declared inter alia with the Committee of Twenty-four, and the relat10ns that: which existed between the people of the Territory and "Immediate steps shall be taken, in Trust and Non the administering Power. It recommended that the size, Self-Governing Territories or all other territories isolation and limited resources of the Territory should which have not yet attained independence, to transfer not in any way delay the application to it of resolution all powers to the peoples of_ those_ territories, with~ut 1514 (XV), and that the people of the Territory shot:ld any conditions or reservat10ns, 111 :,1ccor~ance with be enabled to express their wishes in accordance w1t_h their freely expressed will and desire, 'Y1thout any that resolution through well-established democratic distinction as to race, creed or colour, 111 order to processes under United Nations supervision. enable them to enjoy complete independence and freedom." 5. On 18 February 1965, the General Assembly ~on sidered the recommendations of the Special Committee and further that -concerning the Cook Islands and a letter dated 2 "Inadequacy of political, economic, social or educa February 1965 from the representative of New Zealand tional preparedness should never serve as a pretext addressed to the Secretary-General. This stated inter for delaying independence." alia that: Agenda items 23 -and 24 5 "The plans for self-determination in the Cook Is ceedings concerning the Constitution in the newly lands were outlined ait the General Assembly in 1962 e]ected Le~islative Assembly and report to the Spe and 1963 and explained in detail to the members of cial Commit!ee on the Situation with regard to the the Committee of Twenty-four during last year's lmplementat10n of the Declaration on the Granting session of the Committee and its Sub-Committee II. of Independence to Colonial Countries and Peoples In brief, the form and nature of the Cook Islanders' and to the General Assembly ...". future status will be a major issue in the general election to be held there on 20 April 1965 and at the Installation of the Mission and. itinerary of the meeting of the new Legislative Assembly resulting United Nations Representative from that election which will be convened towards the latter end of May. The Legislative Assembly will 10. In accordance with resolution 2005 ( XIX), the debate and decide whether and when the draft Con Secretary-General did me the unique honour of de stitution which has been prepared during the last two signating me United Nations Representative for the years should be brought into force. These two events supervision of the elections to be held in the Cook Is -the election process and the subsequent debate and lands. He also appointed the following members of the decision of the Legislative Assembly upon the Con Secretariat to assist me in the accomplishment of my stitution-will, taken together, constitute key parts task: Mr. James L. Lewis, Principal Secretary and of the process of self-determination of the people of Observer; Mr. C. Sivasankar, Administrative Officer the Cook Islands." (A/5880.) and Observer; Mr. Felipe A. Pradas, Observer; Mr. 6. The Permanent Representative went on to state Thomas H. Tanaka, Observer; Mr. Bernard D. Dor in his letter that his Government welcomed the recom kenoo, Observer; Miss A. Ferral, Secretary. mendation to the General Assembly of the Special 11. Travel and transport arrangements were handled Committee of Twenty-four that the people of these Is by Headquarters at New York in conjunction with lands be enabled to "express their wishes in accordance representatives of the New Zealand Government. On 7 with the provisions of resolution 1514 (XV) through April 1965, I and my staff assembled at Apia in Western well-established democratic processes under United Samoa and were joined by Mr. L. J. Davis, Assistant Nations supervision". He stated that his Government Secretary, Department of Island Territories, and Mr. was prepared to make the necessary arrangements for G. Hensley from the Department of External Affairs, facilitating such supervision and requested that the Wellington. Secretary-General nominate "an appropriate person or 12. On 8 April, the Mission proceeded to Rarotonga persons to be present in the Cook Islands on behalf where headquarters were set up immediately. The widely of the United Nations for the election campaign and scattered nature of the Territory and the extreme diffi the election in the latter part of April 1965 and for the culties of air and sea communications made it impos debate and decision upon the Constitution by the newly sible to place Observers on all permanently inhabited elected Legislative Assembly in late May". (Ibid.) islands. It was decided therefore that they would be 7. The Secretary-General, in a note to the General stationed on the four most populous islands : Rarotonga, Assembly ( A/5882, para. 4) drew attention to this Aitutaki, Mangaia and Atiu. These contained 80 per communication and recalled the following' statement in cent of the total population of the Cook Islands and the report of the Special Committee of Twenty-four were electing 16 of the 22 members of the Legislative concerning the elections : Assembly. Mr. Pradas was stationed at Aitutaki, Mr. "At the general elections, scheduled to take place Tanaka at Mangaia, Mr. Dorkenoo at Atiu ; Mr. Lewis, in the Cook Islands in early 1965, the chief issue will Mr. Sivasankar, and Miss Ferral remained at head be the future status of the Territory. If the General quarters. Assembly approved that these elections be supervised 13. Although radio-telephone communication existed by the United Nations, it would be necessary to make between the outer islands and Rarotonga, I was con the necessary arrangements for such supervision as cerned that no provisions had been made to permit me a matter of urgency." (A/5800/Rev.1, chap. I, to visit other islands of the Territory and speak to the para. 169.) people. In particular I considered it unfortun~t~ that 8. The Secretary-General suggested that the General neither I nor any of my Observers could visit the Assembly, taking into account the recommendation of Northern Group of the Cook Islands. I realized that the the Special Committee and the communication from the brief time the Mission had before the elections and the Permanent Representative of New Zealand, and con great distance which separated these islands from Raro sidering the.._urgency and importance of the _matter, tonga posed an apparently insuperable problem. Never should authorize the supervision of the elect10ns by theless, I felt that all possibilities ought to be explored the United Nations and authorize him to appoint a to remedy this situation. Even before I set out on my United Nations Representative for this purpose. mission, I had my concern regarding the matter con 9. On 18 Fehruary 1965, the General Assembly veyed to Ambassador F. Corner, the \ermane~t Repre adopted resolution 2005 (XIX) authorizing supervision sentative of New Zealand to the U mted N at10ns. On by the United Nations of the elections to be held in the 9 April, the day after my arrival at Rarotonga, I r~ised Cook Islands. The relevant operative paragraphs of the matter again with Mr. A. 0. Dare,. the Resident this resolution are as follows : Commissioner of the Cook Islands, and with Mr. M. L. "1. Authorizes supervision by the United Nations , Hegan, the Chief Electoral Officer. It was a matter of of the elections to be held in the Cook Islands in the considerable satisfaction to me that we were finally able latter part of April 1965; to arrange a tour before th~ elections of . as. m_any of the main islands of the Territory as the hm1tat10ns of "2. Authorizes the Secretary General: time and the distances involved would permit. In addi "(a) To appoint a United Nations representative tion to Mangaia Atiu, and Aitutaki in the Southern who will supervise these elections with the assistance Cook Islands, P~nrhyn and Manihiki, two of the most of the necessary observers and staff, observe the pro- remote and populous of the Northern Cook Islands were 6 General Assembly-Twentieth Session-Annexes included in this tour. In order to visit these two atolls, is mainly volcanic in origin with hilly or mountainous respectively 737 and 650 miles distant from Rarotonga, interiors, and the islands are surrounded by coral reefs. a Sunderland aircraft of R.N.Z.A.F. was placed at my Rarotonga is the seat of the Government. Mangaia, the disposal by the New Zealand Government. nearest island, lies 110 miles south-east of Rarotonga, 14. \Vhile on this fleeting tour and at my request, and Palmerston, the most distant of the group, lies public meetings were arranged for me. The crowds at 270 miles north-west. these meetings were-as far as I could ascertain-suffi 19. The northern group includes five inhabited ciently representative. In the five outer islands I was islands: Penrhyn, Manihiki, Rakahanga, Pukapuka and able to visit, the meetings were attended by the members Nassau. All are typical coral atolls. Manihiki, the of the local councils. In four of these islands most of nearest to Rarotonga among the inhabited islands of the the candidates for the Assembly were present. In the group, lies 650 miles north-west and Penrhyn, the most fifth island the candidate was away in Rarotonga as he distant, lies 737 miles north-east. had already been elected unopposed. At these meetings I explained the nature and purpose of the presence of Population the United Nations Mission in the Cook Islands. I stated that I had come to supervise all election opera 20. The latest full census held on 25 September tions in order to assure myself that they were in accord 1961 showed a population of 17,993 indigenous persons ance with the electoral regulations, that the officials and 385 Europeans. As at 31 December 1964, the concerned with the elections were impartial, that the population of the Territory was estimated at 19,944. necessary precautions were taken to safeguard the Of this number, 9,733 lived in Rarotonga, nearly 3,000 voting papers, and that a correct count of the votes and in Aitutaki, 2,000 in Mangaia and 1,500 in Atiu. In an accurate report of the results were made. Also I the northern group, out of a total of about 3,000 wanted to assure myself that they, the people of the inhabitants, over 1,000 lived in Manihiki ( see annex Cook Islands, were fully aware of the significance of II). the elections, in that the new Legislature which they Economy were going to elect would be empowered, acting on their behalf to adopt the Constitution as drafted, reject 21. The economy of the Territory is based principally it, or work ~ut some other status for the Territory; and on agriculture. The only industries of any significance that they were able to exercise their rights prior to and are two clothing factories, locally owned and managed, during the polling in complete freedom. and a canning factory which processes fruits and fruit 15. Ouestions were invited and many were en juices. The value of exports from these three factories tertained. Many others still could not be answered amounted to approximately 60 per cent of the value directly since, in my view, these related to matters of all exports from the Territory in 1963. Most of outside my terms of reference. Following up on a press the population is engaged in growing subsistence crops release issued earlier ( see annex I), I encouraged and cash crops for export. The chief exports are copra, members of the public who had any point of view to citrus fruit, bananas and tomatoes. The greater part of express on the elections or any complaints regardin_g all copra exports comes from the Northern Group of the administrative or physical arrangements for their islands. The other agricultural exports are produced conduct to come forward with them to the members by the Southern Group of islands. Most of the Cook Islands trade is with New Zealand. In 1963 exports of the United Nations Mission and they were assured 2 that whatever they chose to impart to the United amounted to £834,777, compared with £710,635 the Nations Mission would be treated in strict confidence, previous year, an increase of £124,142. Imports in if they so desired. creased from £937,273 in 1962 to £1,226,136 in 1963. 22. A New Zealand Government ship, "Moana Roa", maintains a monthly service to the Cook Islands. B. GENERAL INFORMATION ON THE CooK IsLANDS Inter-island shipping services are also provided by privately owned vessels. Shipping within . the Cook 16. A report issued annually by the New Zealand Islands is of prime importance to any economic develop Department of Island Territories,1 was the main source ment and services have in the past been maintained for the followinO' general information on the Territory's with great difficulty. All of the islands are surrounded geography, pop~lation, economy, education and system by coral reefs and only a few have passages through the of government. reef and anchorages for small ships. Elsewhere ships Geography must remain at sea. Lighters and other boats must be used to take freight ashore and to take on cargo. 17. The Cook Islands, consisting of a southern and This cannot be done in rough seas. Sometimes boats a northern group of islands, are mostly small and capsize and the cargo is dumped in the sea. So~etimes widely scattered throughout an area of some 850,f!O0 ships have to await calmer weathe_r for loadmg . or square miles (2,210,500 kilometres) of ocean extendmg unloading or they have to depart without exchangmg from 8 degrees south to almost 23 degrees south and goods an
1 New Zealand, Department of Island Terr_itories, Reports on the Cook, Niue and Tokelau Islands, \Vellmgton, Govern 2 The pounds referred to in this document are New Zealand ment Printer, 1964. pounds. Agenda items 23 and 24 7 with _New Zealand and principal Pacific centres as well C. FORM OF THE REPORT as with twelve sub-stations in the outer islands. 31. The rep?rt has two parts in addition to the in . 24. Revenue is derived mainly from import duties, troductory sect10n. Part I concerns the supervision of mcome tax and stamp sales. This is insufficient to the elect10ns and describes : various features of the balance the budget and the deficit is met by grants Cook Islands Legislative Assembly Regulations, 1965 from the New Zealand Government. In 1963-64 receipts for the conduct of the elections; the public enlighten totalled £1,437,610 and consisted of £663 110 in ~ent cond~cted by_ the Administration, political activi revenue _obtained in the Territory and £774,500 in ties precedmg pollmg day; activities on polling day; grants (mcreased to £872,000 in 1964/65) from the the ~ounting of the ballots; and the results of the New Zealand Government. Expenditure amounted to elections. !he final section contains my conclusions £1,465,505. on the yanous aspects of the conduct and organization Education of elections by the administering Power. 32. Part II contains notes on the historical back 25 .. Primary education is free and compulsory for ground to the constitutional evolution of the Territory· ~11 ch1l~ren between the ages of six and fourteen and the draft Constitution in its original form; and th~ 1~ provided by the Government and two church mis Cook Islands Amendment Act, 1964. It also embodies s10ns on every permanently inhabited island. At 31 an account of the debate in the new Legislation As March 1?64, a total of 4,979 primary pupils were sembly. A final section sets forth my observations and enrolled m government schools and 403 in mission conclusions. schools. 26. Secondary education is provided by four Govern Part I. Elections in the Cook Islands ment schools. The curriculum is based on the require ments for the New Zealand School Certificate. There A. ORGANIZATION OF THE ELECTIONS BY THE ar_e junior high schools in Aitutaki, Mangaia and Atiu, ADMINISTERING POWER with a total enrolment of 442 students in 1965. Tereora College in Rarotonga provides a full secondary course. 33. As has already been indicated, by the time my I ~s enrolment. in 1965 is 454. For sixth form studies, colleague and I arrived in the Territory on 8 April higher educat10n, and technical training, students are 1965, the organization of the elections had been awarded scholarships for schooling in New Zealand. A virtually completed. The electoral regulations had been Teachers' Training College in Rarotonga offers a enacted, electoral procedure had been established three-year course leading to a teacher's certificate. political parties and independent candidates contesting Some 200 students are in training at the College. the election had already issued their manifestos and there were only twelve days left before polling day. The notes which follow are based therefore on published Government documents, the information made available by the Ad 27. The Territory is administered under the Cook ministration regarding measures it had taken concerning Islands Act 1915, as amended. The inhabitants are the organization and conduct of the elections, and on British subjects and New Zealand citizens. discussions with leaders of political parties and some of the independent candidates. 28: The Cook Islands Act, 1915, provided for the appointment by the Governor-General of New Zealand Cook Islands Legisla,tive Assembly Regulations, 1965 of a Resident Commissioner of the Cook Islands, who was charged, subject to the control of the Minister of 34. The Cook Islands Legislative Assembly Regula Island Territories, with the administration of the tions, 1965 revoked the Cook Islands Legislative As executive government. sembly Regulations, 1958 and provided for the organiza tion and conduct of the elections in the Cook Islands. 29. A limited power of legislation was exercised by Under its provisions Public Notices were issued im the Cook Islands Legislative Assembly which had been plementing the various Regulations. in existence since 1958. Consisting partly of elected and partly of appointed members including officials of the Date of elections Administration, the Assembly had the power to make laws for the peace, order and good government of the 35. In accordance with Regulation 28, the Resident Territory. It also had the power to exercise full control Commissioner fixed 20 April 1965 as the date for the over the expenditure of all revenue collected in or election of members of the Legislative Assembly and derived from the Cook Islands, and of the expenditure public notice of this was given by the Chief Electoral of the subsidy money provided by the Government of Officer on 4 February 1965. New Zealand. It could not however legislate on Electoral officers and scrutineers certain reserved subjects, nor make ordinances con tradictory to New Zealand acts or regulations that 36. Regulations 3, 4 and 41 provided for the appoint were declared to be reserved. ment of electoral officers by the Resident Commissioner 30. An Executive Committee of five members has and of scrutineers by each candidate for election. shared with the Resident Commissioner in some 37. On 27 January, Mr. M. L. Hegan was appointed measure, since November 1963, responsibility for the Chief Electoral Officer, and registrars were appointed administration of executive government. The Comit to fill posts in the various constituencies. All were civil tee was made up of a Leader of Government Business servants in the Administration, and most were the elected by the Legislative Assembly from among its Resident Agents of their respective islands. On this members, and four others chosen by the Leader. Each date the same officials were also appointed to serve as of the members of the Executive Committee was as returning officers. Returning officers were not permitted signed a portfolio involving responsibility for several to hold an official position in connexion with any politi government departments. cal organization. 8 General Assembly-Twentieth Session Annexes
38._ Each candidate was permitted to appoint one ( b) Within one month after the date on which he scruti:ieer for each polling booth in his constituency. first became qualified or the date of the commencement Scrutmeers had to subscribe to the same declaration of of these regulations. secrecy concerning the election which was required of electoral officers. (c) Within one.month after, being registered on the roll_ of one constituency, he became qualified to be Constituencies registered on the roll of another constituency. 39. For the purpose of the elections the Cook Islands 44. Failure to register was an offence under the were divided into twelve constituencies with the dis Regulations, under a penalty of a fine~ not exceeding tribution of seats in the Legislative Assembly as £2. follows: 45. All applications for registration were to be Members su~mitted to t~e Registrar in charge of the roll on Te-Au-O-Tonga constituency ...... 4 which the applicant was entitled to have his name entered. Puaikura constituency ...... 2 Takitumu constituency ...... 3 46. On the question of the registration of electors the Chief Electoral Officer in an announcement dated 1i Aitutaki and l\fanuae constituency ...... 3 February 1965 stated: ?lfangaia constituency ...... 2 " ... The preparation of the rolls will follow the Atiu constituency ...... 2 same pattern as in previous years. Enumerators will Mauke constituency ...... 1 be allotted a particular district or tapere and will issue Mitiaro constituency ...... 1 car~s, and where necessary give assistance in com Manihiki constituency ...... 1 P!etmg them. They will also witness applicants' signatures. All persons who are qualified to be on the Pukapuka and Nassau constituency ...... 1 electoral roll for their constituency should see the Rakahanga constituency ...... 1 enumerator for their district as soon as possible. A Penrhyn constituency ...... 1 person can, however, apply to the registrar of electoral rolls for a card and complete this himself. The Qualifications of members and electors applicant's signature may be witnessed by any enumerator, electoral Officer, postmaster or registered 40. Regulations 6 and 9 of the Legislative Assembly elector. It is repeated that it is the individual person's Regulations 1965 promulgated under Section 61 of the responsibility to see that he is on the electoral roll. Cook Islands Amendment Act 1964 contain the qualifications required of electors and members to vote "The completed cards are to be returned to the or be elected to the Legislative Assembly. These are registrar, and from them the electoral roll will be inter alia as follows: prepared and printed. Copies will then be placed on notice boards and left with enumerators and other (a) He or she must be a British subject. people in each district where they may be inspected ( b) In the case of an elector, he or she must have by the public. been ordinarily resident in the Cook Islands throughout "Every person who is qualified to be an elector the period of twelve months immediately preceding his should inspect the roll for his district to make sure or her application for enrolment. his name is on it. Persons whose names are not on ( c) In the case of a candidate, he or she must have the roll but think they are entitled to be enrolled been ordinarily resident in the Cook Islands throughout should then get in touch with the enumerator for the period of three years immediately preceding his their area or with the Registrar in charge of the roll. or her nomination as a candidate. "A supplementary roll will be prepared listing 41. All people over 18 years of age and who fulfilled people enrolled after the printing of the main roll the above qualifications were entitled to participate in and notifying any names which may have been the elections as electors or candidates. removed from the main roll as the result of objections. "Any name on the rolls may be objected to either Registration by the registrar in charge of the roll or by any 42. Pursuant to Section 33 (2) of the Cook Islands registered elector in each case on the grounds that Legislative Assembly Regulations, 1958, the Chief the person objected to is not qualified to be registered Electoral Officer issued a Public Notice on 2 March on the roll. If the person objected to does not satisfy 1965 stating that nomination of candidates for election the registrar that he is entitled to be enrolled his as members of the Cook Islands Legislative Assembly name will be struck off the roll. should be submitted by noon on Friday, 19 March 1965. "The main roll will close on Friday 5 March 1965, The notice also stated that a person nominated must and will be open for inspection on Friday 12 March be registered on the roll of a constituency and sign a 1965. The supplementary roll will close on Tuesday 2 consent on the form provided which included a state April 1965." ment as to the constituency or constituencies in which the candidate had resided during the period of three Voting arrangements and procedures for voting years preceding his nomination. 47. Part V of the Regulations provide for voting 43. Under the Cook Islands Legislative Assembly arrangements and procedures for voting. Based on Regulations, 1965, every person who met the necessary these, printed instructions were issued to each presiding qualifications must register. officer and poll clerk in charge of polling stations. These (a) Within one month after the date of the com instructions included information on the procedure to mencement of the Regulations, if he was qualified on be followed on polling day to ensure an orderly conduct that date. (These Regulations came into force on 22 of the elections and to ensure also that the secrecy of February 1965.) the ballot was maintained. It described also the role of Agenda items 23 and 24 9 the scrutineers and that of the United Nations Obser 50. ~he vo_ter, havi~g !eceived the voting paper, vers. The relevant paragraph of the text with regard was to immediately retire mto one of the inner com to United Nations Observers reads as follows: partme1?-ts provided, and there alone and secretly on "United Nations Observers have been invited by the votmg paper indicate the candidate or candidates the New Zealand Government to observe the election. for whom he desir~d to vote by marking a cross in The,: are ?bs~rving only, and, by authority of a the square set opposite the name of each such candidate Public Notice issued by the Resident Commissioner The Regulations ~lso mad~ pr?vision that no voting under section 88 of Regulations have been given paper sh?uld be reJec!ed as mvaltd that clearly indicated the :i~ht to go into all booths and be present at the the candidate or candidates for whom the voter intended preltmmary and at the official count of votes. to vot~, whether that indication was made in the manner prescribed by the regulation or otherwise. "The Observers have no administrative functions to d~ with this election. They have the rights of Preliminary count of votes scruh~eers on~y. As such _they can_ draw the presiding officer s atte~tion to any irregularity and require him 51. Re~ulation 55 provided for: a preliminary count t? ask questions of the voter ( those listed in Regula of ~11 ordi1:ary . votes by the presiding officer of each tion 47 a, b, c and d, and also in Section 15 of the po}lmg statton m the presence of any scrutineers that instructions). might be present ; the transmission of the results to the returning officer in charge; and finally the announce "If. a United Nations Observer draws your ment by the Chief Electoral Officer of the total number ~ttentt?n to anything irregular it is to be rectified of votes received by each candidate. munediately, and the returning officer must be in formed when he visits your booth. You will be able Scrutiny to identify United Nations Observers by the armband they wear." 52. Regulation 57 provided for a scrutiny of the rolls after the polling to determine whether any person 4~. There were only two classes of voters, an had received more than one voting paper. This was ordmary voter whose name appeared on the roll and done by the returning officer in charge and his assistants who attended ~ersonally to vote, and special voters who, in the presence of scrutineers appointed by the can upon presentation of a certificate to the presiding officer, didates. would be entitled to vote in his booth for a candidate of ~1:other constituency. Blind or otherwise disabled Counting and declaration of the vote or illiterate voters were permitted at their request to 53. Regulations 58 and 59 provided for the official cast their ballot in the following manner. The presiding count of the votes and a report by the returning officer officer had to accompany the voter behind a screen in charge to the Chief Electoral Officer of the total and assist the voter to mark the voting paper or mark number receiyed by each candidate. This count was it for him if he was asked to do so. There were also to also to be done in the presence of scrutineers. The be present not more than two scrutineers and if neces Chief Electoral Officer was then to report the results sary, an interpreter. The booklet of instructions also to the Resident Commissioner and the latter, by public contained the following instructions as to how to issue notice, was to declare the successful candidates together a ballot paper to an ordinary voter: with the number of votes received by each. " (a) Ask the voter for his full name and such 54. At this count all informal voting papers were other particulars as are necessary for identification set aside. A voting paper was deemed to be informal: on the roll. Remember that in most cases the father's name appears in capitals on the roll, though in the " (a) If it does not bear the official mark and there case of Europeans or electors married to Europeans is reasonable cause to believe that it was not the surname will more frequently appear first. An issued to a voter by the presiding officer ; or ordinary vote should be issued wherever there is a " ( b) If anything not authorised by these regula roll entry which applies to the elector, although tions is written or marked thereon by which name or particulars may not be entirely correct. the voter can be identified; or " ( b) Before giving a person any voting paper the " ( c) If the number of candidates for whom the elector has voted exceeds the number of presiding officer may, and, if required by a scrutineer or by a United Nations Observer, shall put to the candidates to be elected; or voter the questions contained in Section 15. " ( d) If it does not clearly indicate the candidate or candidates for whom the elector desired " ( c) Have the poll clerk tell you the roll number, to vote; i.e. page number followed by line number. He then rules a neat pen ( or pencil) line through the number. "Provided that a voting paper shall not be deemed name, and other particulars and into margin to the informal merely on the ground of some informality left of number." in the manner in which it has been dealt with by the elector if it is otherwise regular, and if in the 49. The presiding officer might, and, if required opinion of the returning officer in charge the intention by a scrutineer or United Nations Observer was, before of the elector is clearly indicated." issuing any voting paper, to put the following questions to any person proposing to vote : Printing and distribution of ballot papers (a) Are you the person whose name appears as A.B. The following measures were taken for the on the roll for the (Name) constituency? 55. security of voting papers before, during and after the ( b) Are you 18 years of age or over? elections. In preparation for the elections all voting ( c) Are you still possessed of the qualifications in papers were printed at the Government Printing Office respect of which you are registered? in Rarotonga. This was done in the presence of the ( d) Have you already voted at this election? returning cfficer and his assistant. They examined all 10 General Assembly-Twentieth Session-Annexes papers and destroyed any imperfect ones. The press A prefatory note stated that although most of the was then immediately broken so that no additional questions in the pamphlet were also discussed in the papers could be printed. It was necessary to print the two preceding pamphlets, it was felt desirable to expand papers before the United Nations Mission arrived in the answers on these particular questions because of order that they could be distributed throughout the the frequency with which they were asked. Territory in time for the elections on 20 April. In the 61. Mr. Taylor also visited as many of the Northern period after their printing and before their distribution Islands as possible before the election campaign got they were sealed and placed under lock in the office started. On each island he visited, he held public of the returning officer. meetings to explain the pamphlet and answer any questions concerning the Constitution and the exercise B, PUBLIC ENLIGHTENMENT PROGRAMME by the people of their right of self-determination. 62. In Rarotonga he conducted a series of question 56. Information on constitutional developments and and answer programmes on the radio in which he the elections to be held in April 1965 appeared from answered queries radioed in from outlying islands. time to time in the Cook Islands News which is issued These programmes were given in both Maori and daily from l\londay to Friday by the Social Development English. Finally he gave four radio talks. These were Department and printed in the Cook Islands by the Gov on progress and change in government ; the kind of ernment Printing Office. In August 1963, five articles government suggested in the proposed constitution; concerning the debate on the Constitution in the Legisla relations with New Zealand under self-government; and tive Assembly were printed. At intervals, until the end how to support or oppose the Constitution. of 1964, the debate on the Constitution continued to be 63. Finally, on 31 March 1965, the Permanent reported as well as reports on constitutional develop Representative of New Zealand to the United Nations I ment and other information concerning it. All debates gave a taped broadcast on Radio Cook Islands ( see concerning the Constitution were reported in English annex III). In this he discussed why the United only. Some reports and other information were printed Nations was interested in the Cook Islands elections in both English and Maori. In February 1965, the and the part it would play in Cook Islands in the next N cws began to publish notices and information concern few months. ing the elections. 57. Radio Cook Islands, which broadcasts news twice daily from Monday to Friday, covered the com C. POLITICAL PARTIES AND THEIR ACTIVITIES IN THE plete Assembly debate in 1964 and 1965 in both English ELECTIONS and ::\Iaori. In March a series of nightly talks explain 64. Five main political groups, including independent ing the Constitution were given in both English and candidates, contested the elections. Some of them had, Maori. prior to the elections, issued statements of policy both 58. Mr. :Mel Taylor of the Tourist and Publicity with respect to the constitutional changes as well as Department of New Zealand, a public information their position with respect to matters of domestic officer who has specialized in work for the Departments policy. Their basic positions as revealed in their state of l\Iaori Affairs and Island Territories, was chosen ments are as follows. to conduct an information programme, before the 65. The Cook Islands Party is led by Mr. Albert election campaign itself got under way, on the con Henry. Their position was expressed in a statement stitutional issue which was being placed before the entitled: "Platform and Policy-in 1965 General people of the Cook Islands at the elections. Elections". Their basic aim expressed in this was : 59. In preparation for this, he drew up thr_ee "To lift up to increased knowledge and prosperity the pamphlets which were prin~ed in Rarotonga .. The dis chiefs and peoples of the Cook Islands." The statement tribution of these to all the islands of the Territory was outlined the following points: handled by plane. The pamphlets were in both Maori "To ensure the election to Government of those and Encrlish and a set was distributed to each household men and women dedicated to the cause of greater on the thirteen inhabited islands of the Territory. In prosperity and increased social welfare of the Cook addition, copies were issued to candidates £_or elections Islands. and to other individuals, and 250 were given to the "To extend to all Outer Islands of the Cook Group, Department of Education. · opportunities for greater economic development. 60. The most detailed explanation of the various "To maintain ties which exist between New provisions of the draft Constitution appeared in the Zealand and the Cook Islands. twenty-paged pamphlet entitled, The Meaning of the "To re-establish some of our traditional ways of Cook Islands Constitution. A prefatory section stated life, customs and culture, and to restore recognition that it was appreciated that not every person could to the holders of traditional titles. fully understand a Constitution in its legal form and that the pamphlet had been prepared to help the people of the "To plan facilities for the encouragement of our Cook Islands to understand what was involved i~ the young people to remain in the Islands. draft Constitution. The second pamphlet was entitled, "To strengthen our economic resources by good Questions and Answers about. the Const~tution. !}ie planning. final question and answer explamed the Umted Nat~ons "To ensure the establishment of good laws for interest in the elections and the role of the Umted all peoples in the Cook Islands." Nations Representative in the Cook Islands du_r~ng the It further said : elections and the subsequent debate and decis10n on the Constitution by the Legislative Assembly. The "From the beginning, in applying the various third pamphlet, Some Common Questions on the Con aspects of its policy, a Cook Islan1s Party GoverI? stitution contained answers to the more common ment will aim to mould all the islands and their question; being asked about the proposed Constitution. inhabitants into one united land and people, m Agenda items 2_3 and 24 11 which, with the co-operation of all districts, the and disadvantages of each. The Assembly should benefits of social and economic advancement will be then _refer the m~tter to the people and give them ~hared i and so that the Cook Islands as a whole may the nght to vote 111 a referendum to decide the type mcreasmgly stand on its own feet." of government desired. The issue is too far-reaching 66. On the question of the new Constitution, the a one to be decided by 22 Assembly Members alone". Party declared in its statement that it: 71. While he does not seem to be opposed to in- " ... accepts the principle of full internal self ~egr?-tion or closer ties with New Zealand, Mr. Kingan government for the Cook Islands, believing it to be in 111 his statement said: t~e best interests of the people that they be given the "The fourth alternative of Pacific Federation nght to run their own internal affairs through their should be looked into. New Zealand should first be ~emocratically elected representatives. At the same asked what territories they had in mind when making time, the Party supports the continued association that offer. Negotiations should be entered into with with New Zealand through a common Head of State, other territories and any proposals made should be the Queen, and common citizenship, that of New studied. Only after a full investigation should a final Zealand." recommendation be made. Today we are in a queer . 67. The Party expressed agreement with the general position. Of four alternatives offered for our future Imes of the Cook Islands Constitution Act of 1964 only one has so far been considered. If that one is except for one point which relates to the residential now accepted any future change will require a two q_ualifications for electors and candidates for the Legisla thirds majority of electors." tive Assembly. They would like to reduce the residential Based on this position Mr. Kingan advocated a policy qualifications for electors and candidates born in the of going slow with respect to the handling of the con Cook Islands to three months of continuing residence stitutional questions. and for those who were not born but ordinarily resident in the Cook Islands to one year. The Party also stated 72. The Independent Candidates together issued a that it would be its policy, if elected, to increase the statement in which they stated that, "although indivi participation of local communities in Government and dually we are independent, we find that we had much "in particular to have greater responsibility for running in common and because of this we have come together the affairs of their districts". In addition the Party as a Group. We would like to make it clear we are Not also outlined in some detail its attitude towards economic a political party because individually we do not want and social policy. to be tied down to strict political party lines". On the constitutional issues they have stated as a group that 68. The Labour Party in its published statement they would "like to consult with with the New Zealand declared that it would "accept self-government as Government on the question of integration as integra prescribed in the Constitution Bill, but it will amend tion may result in substantial child, sickness, unemploy or repeal any part of that Constitution if decided by ment benefits and old age pensions". the majority of the people of the Cook Islands". In internal government matters, the Labour Party also 73. Sixty-six candidates participated in the elections indicated that it would "give more power to each as follows : Cook Islands Party 19; Cook Islands Island Council in running the affairs of its own island". Labour Party 7; United Political Party 13; Indepen dent Group 17; Independents 10. 69. The United Political Party is led by Mr. D. C. Brown, the Leader of Government Business in the 74. In seven constituencies, including all three of previous Legislative Assembly. In the published party the constituencies in Rarotonga, the Cook Islands Party material the emphasis was more on its record of candidates polled nearly 62 per cent of the total votes achievemeht in domestic matters and a pledge to con cast. tinue with greater vigour, if elected, in the same 75. As far as the campaign itself is concerned, it is direction. There was however no clear indication of not possible to give any detail as to how this was this party's position with respect to the constitutional organized and conducted in the months preceding the issues, which happened to be the main issue in the elections. There is not a single newspaper in the Islands elections of 1965. except for a daily news bulletin published by the Gov 70. Independent Group and Independents. Although ernment-The Cook Islands News-which carries some distinction has been made between the two sets among other items some bits of news of local interest of candidates, it is hard to distinguish them one from including announcements of meetings held by political the other; except perhaps that the former may act as parties in Rarotonga. a group while the latter would act as individuals. This 76. In March 1965, the Resident Commissioner is a distinction which seems to have a very thin shade of issued a statement on the use of the Radio and Press difference. In one of his pamphlets Mr. Kingan, who by candidates for the Assembly. He stated that each belongs to the Independent Group, said "Independent Rarotonga candidate would be permitted one ins~r~ion is the description a candidate gives when he is free of up to four inches of space at a fee of four sh1llmgs to be at any time the way his own judgement dictates per inch. Any Rarotonga candidate could use h~s and is not in the position of having to give blind allocation of space for himself, or for a group of candi allegiance to a party". Both sets of candidates claimed dates or for a party. In addition to the insertion, each that they would, if elected, act in the best interests Rarotonga candidate was permitted one page attached of the Cook Islands on every issue that came up in to the Press at the normal fee of £ 1. These facilities the Legislature in so far as internal matters were con were to end on 15 April. In going over some of the cerned. On the question of the Constitution, Mr. Stuart back issues of this paper as far back as January 1965 Kingan took the position that he : one finds scattered references to political meetings held "would urge the new Assembly to postpone the in Rarotonga. One cannot state with certainty that these passing of the Constitution Bill until the possibilities were the only meetings held. Practically all the an have been fully studied. The Assembly should then nouncements relate to the meetings which were spon give full information to the people on the advantages sored by the Cook Islands Party. There is no similar 12 General Assembly-Twentieth Session-Annexes
reference t? the activities of ?ther political parties or 81. The preliminary count of votes was to have been groups, which leads one to believe that the other parties made at each polling place immediately after the closing or groups may not have conducted such an active of the poll at 6 p.m. Since one Observer usually had campaign as the Cook Islands Party. to cover a number of places, it would have been impos 77: Another point of interest is that among the 66 sible for him to be present when ballot boxes were candidates who contested the elections from the various ope1;1-ed and _the preliminary count was made at many political groups, 31_ were public se:vants. Although it polling stat1?ns. In order to avoid this, presiding 1s not customary m other countries to permit civil officers were instructed to await the arrival of Observers serv~nts to contest elections while they are still in before proceeding with the count. Stations were allotted service, the Government raised no objections in this to Observers and as soon as the count was completed r_ega:d. The Government's reason for permitting this at one place, they proceeded to another. In order not hes m the fact that most of the educated local inhabi to unduly delay the announcement of the results over tants are employed in the public service. In fact, under the radio, ten o'clock was fixed as the hour for the the Cook Islands Amendment Act, 1964, civil servants count to begin at any remaining stations. Electoral are permitted to continue to sit in the Legislature while officers had begun early in the morning and were holding their civil service posts. The relevant part unable to leave th~ir stations until preliminary count of the Cook Islands Amendment Act, 1964 (Section was made, and this arrangement for the preliminary 55) reads, "where an employee of the Cook Islands ~ount pla~ed an extra burden on many. But I considered Public Service is a member of the Legislative Assembly 1t es~ential tha_t Observers should be present at all of the Cook Islands, he shall not be entitled to receive counting operat10ns whenever possible, and I am most any pay or allowances as such an employee in respect grateful for the co-operation of the electoral staff. of any period for which he is entitled to receive Observers were thus able to be present when the ballot remuneration as a member of the Assembly". boxes were opened and the preliminary count was made at all but a few polling stations. 78. Only in the case of civil servants who are ap pointed to Cabinet posts does it become necessary for 82. The preliminary results of the elections with them to resign from the civil service. The Act also the exception of the island of Nassau which had 46 provides for certain special conditions under which such registered voters, were announced on 21 April. civil servants can protect their superannuation rights. 83. The scrutiny of the rolls was attended by Ob~ervers in the constituencies where they were 79. On the whole, from what we could gather, the stat10ned and they were also present when the official atmosphere prior to the arrival of the team was not count was made. This was completed on 29 April and charged with the kind of excitement that usually pre reported by the Chief Electoral Officer to the Resident cedes such events in other countries while in the C?mmissione1;. On 7 May, the latter, in accordance process of giving expression, through democratic means, with Regulation 59, gave public notice of the election to their desires on their future status. toget_her with _the ?Umber of vo~es received by each candidate, agam with the except10n of Nassau. Since D. CONDUCT AND RESULTS OF THE ELECTIONS radio communications had not yet been restored, the vote there had to be reported later. Polling day 84. After the polling and preliminary count, all 80. In the supervision of polling operations on 20 papers were sealed and delivered in person by presiding April 1965, I and my staff were able to cover all officers to each returning officer, and certificates were polling stations on the islands on which we were located. given by the latter for the papers he received from During the day at least one visit was made to each each presiding officer. They were kept under lock until station and usually there were several. No disturbance opened for the scrutiny and count. After this all papers or disorder was noted during these visits and none was were placed in the custody of the Registrar of the reported to us. From my own observations and the High Court and deposited in the office safe. reports of Observers at all these stations the elections Results of the elections were conducted in an orderly manner with strict im partiality and in complete freedom. 85. The total vote was as follows:
Percentage Voting of Registered papers re_qistered Informal Constituency voters issued voters votes
Rarotonga: Palmerston and Te-Au-O-Tonga .. 2405 2201 91.5 12 Puaikura ...... 817 764 93.5 11 Takitumu ...... 877 837 95.4 13 Aitutaki and Manuae ... ········ .... 1032 987 95.6 2 Mangaia ...... 726 691 95.4 9 Atiu . ······ ...... ······ ... 488 456 93.4 2 Mauke ...... ····· ...... ····· 265 252 95.0 7 Mitiaro ...... ······ ... 103 100 97.0 Manihiki ...... 259 239 92.2 8 Pukapuka and Nassau ...... 381 381 100 2 Rakahanga (Unopposed) ····· ...... Penrhyn (Unopposed) ····· .. ······· TOTAL 7353 6908 66 Agenda items 23 and 24 13
86. Thus almost 94 per cent of all registered voters Number of participated in the voting. Informal votes are described Candidates votes Party under section 8 in chapter I of this report. M~auke Constituency (l Member) 1. DASHWOOD, Julian* ' .... ' ... . 198 (CIP) 87. Votes for each candidate were as follows : 2. ToREA, Ngaoire ...... 47 (I) Number of Mitiaro Constituency (1 Member) Candidates votes Party 1. PoKOATI, Raui* ...... 75 (CIP) ISLAND OF RAROTONGA AND ISLAND OF 2. TETAVA, Tiki ...... 24 (U) PALllfERSTON; Manihiki Constituency (1 Member) Te-A11-0-To11ga Constituency 1. TEMU, Nato* ...... 133 (CIP) (4 Members) 2. STRICKLAND, (Jnr) Glassie ...... 46 (I) 3. Tupou, Tuatai ...... 1. TAMARUA, Manea* ...... (CIP) 26 (I) 1,405 4. ToKA, Adamu ...... 2. STRICKLAND, Mana* ...... 17 (I) 1,321 (CIP) 5. NAPARA, Tihau ...... 3. STORY, Marguerite* ...... 1,225 (CIP) 9 (I) 4. RoI, Teaukura* ...... 1,152 (CIP) Pukapuka and Nassau Constituency 5. BROWN, Dick Charles ...... 535 (U) (1 Member) 6. RAPLEY, Richard Warwick (Dick) 472 (IG) 1. TARIAU, John* ...... 173 (CIP) 7. SADARAKA, Metuskore Sadaraka .. . 456 (IG) 2. MARO, Mangere ...... 113 8. KINGAN, Stuart Garratt ...... 240 (I) 3. TARIAU, Arona ...... 93 9. NUll1A, John ...... 230 (I) 10. MOERUA, Jim Tetauru ...... Rakahanga Constituency (1 Member) 213 (U) PUPUKE, Robati* (Unopposed) 11. BEST, John Alexander Campbell .. 188 (L) (IG) 12. P AITAI, Mary ...... 175 (IG) Penrhyn Constituency (1 Member) 13. loABA, Munakoa ...... 159 (U) T ANGAROA, Tangaroa* MoKOROA, Matapo ...... 14. 159 (U) (Unopposed) ...... (U) 15. UTANGA, Anthony ...... 132 (IG) 16. TUPUARIKI, Araiti ...... 119 (U) * Winning Candidates. 17. TARIPO, Tuka John Dugall ...... 94 (L) CIP - Cook Islands Party. 18. UNUIA, Tongia ...... 82 (L) L - Labour Party. 19. UPu, Pere ...... • 33 (U) U - United Political Party. IG - Independent Group. Puaikura Constituency (2 Members) I - Independent. 1. MAURANGI, Pera* ...... 459 (CIP) 2. MOAN A, Taru* ...... •...... 476 (CIP) 88. Of the 66 candidates who contested the elections, 3. TAUEI, Napa ...... 271 (I) 15 were members of the Old Assembly. Only seven 4. WICHMAN, Rere ...... 185 (L) of these were returned. Eight were defeated, including 5. RoBATI, George Faimau ...... 56 (I) Mr. Dick Brown, Leader of the United Political Party and former Leader of Government Business. Takit11mu Constituency (3 Members) 1. SHORT, Apenera P.* ...... 532 (CIP) 2. NUMANGA, Tiakana* ...... 501 (CIP) E. CONCLUSIONS 3. SAMUELA, Samuela* ...... 487 (CIP) 4. TUAVERA, Teariki ...... 251 (U) Introduction 5. IRA, Kamate Areora ...... 181 (U) 6. HOSKING, David Marama ...... 155 (IG) 89. My functions, as defined by General Assembly 7. AMA, Tupai ...... 123 (L) resolution 2005 (XIX) of 18 February 1965, and 8. TUREPU, Manea ...... 104 (IG) confirmed by the letter of the Secretary-General ap 9. CowAN, William ...... 61 (L) pointing me United Nations Representative, were as follows: OTHER ISLANDS (a) To supervise the elections with the assistance Aitutaki and Mamtae Constituency of the necessary Observers and staff; (3 Members) ( b) To observe the proceedings concerning the con 1. ESTALL, William* ...... 534 (IG) stitution in the newly elected Legislative Assembly; 2. SIMIONA, Matai* ...... 438 (IG) and 3. HENRY, Geoffrey Arama* ...... 403 (IG) ( c) To repor,t to the Special Committee on the Si 4. WILLIAMS, Joseph ...... 360 (I) 5. UPu, N gas ...... 352 (CIP) tuation with regard to the Implementation of the 6. HENDERSON, Maria Tuaeu ...... 325 (CIP) Declaration on the Granting of Independence to 7. CAMERON, Tukus ...... 313 (CIP) Colonial Countries and Peoples and to the General 8. MrTIAU DrcK, Tanga ...... 69 (I) Assembly. 9. JOSEPH, Benioni ...... 55 (I) 90. In my approach to this task, I was guided by Mangaia Constituency (2 Members) certain major considerations. The United Nations had 1. MATEPI, Ngatupuna* ...... 558 (U) in the past undertaken supervision of elections in Trust 2. ABERAHAMA, Pokino* ...... 554 (U) Territories, but the supervision of elections in a Non 3. ATATOA, Maarateina ...... 153 (I) Self-Governing Territory at the invitation of an ad 4. GoLD, Edwin ...... 32 (I) ministering Power was at the same time unprecedented Atiu Constituency (2 Members) in the history of the Organization and therefore was of far reaching significance. The part which the United 1. SIMIONA, Tangata* ...... 293 (IG) 2. PARATAINGA, Mariri* ...... 186 (IG) Nations had been called upon to play, although super 3. VAINE RERE, Tangata Poto ...... 143 (U) visorv in nature, was nevertheless crucial in so far as 4. TOKI, Michael ...... 127 (IG) it involved attesting whether or not the people of the 5. KEA, Mataio ...... 88 (IG) Cook Islands had indeed a fair opportunity to exercise 6. VAINE, Tutai Pakari ...... 45 (CIP) their rights of self-determination. Finally, there was 14 General Assembly-Twentieth Session-Annexes nothing closer to my heart than to ensure that the end concerned, were generally in accordance with the two result of my ]\fission would stand as a glowing tribute acts of legislation. There were however two imperfec to, and a vindication of the exemplary recourse by the tions : one was a minor error of omission of a legal Government of New Zealand to United Nations as nature, and the other was what might be described sistance, as well as a lasting testimony to the advantage as an error of judgement. to be gained from constructive co-operation between the 96. The error of omission concerned the appoint Organization and administering Powers regarding the ment of enumerators who assisted registration officers question of the granting of independence to colonial with the registration of electors. In some areas of countries and peoples. registration, the enumerators were appointed by the 91. \Vith these considerations in view, I followed responsible registration officer, while, under the pro two general criteria in so far as supervision of the visions of the electoral regulations, only the Resident elections was concerned. I was anxious to leave no Commissioner could appoint or authorize the appoint doubt in the minds of all parties concerned that the ment of such enumerators. I raised the matter with conduct of the elections was the responsibility of the the Resident Commissioner who, acting under the administering Power, and that the function of the provisions of Section 88 of the electoral regulations, United Nations, through its Representative, was super issued the necessary authority with retroactive effect. visory in character and was being undertaken at the 97. The error of judgement was in relation to the express im·itation of the administering Power. I also voting method prescribed for the actual casting of considered it my duty to spare no human efforts in votes. The names of the candidates for each con ensuring that the population, in its exercise of the right stituency were printed on the ballot paper, and the of self-determination, derived full and effective benefit method in question involved the marking of a cross from the presence of the United Nations. by the elector against the names of the candidates of 92. I was required, for the purpose of my report their choice. The shortcoming of the method was : how to the Special Committee and to the General Assembly, an illiterate elector could identify the names of the to satisfy myself of the following : candidates of his choice. Under a provision of the (a) That the administrative and physical arrange electoral regulations, the presiding officer of each ments were in accordance with electoral regulations polling station was empowered to provide to electors promulgated by the administering Power which is who required it assistance in identifying and marking responsible for the conduct of the elections; a cross against the name of the candidates of their choice. This assistance was to be given in the presence ( b) The impartiality of the officials in the Territory of two of the scrutineers ( agents of candidates) at concerned with the elections; the polling &tation concerned. Question asked at public ( c) That the people of the Cook Islands were fully meetings attended by the Observers and myself re apprised of the significance of the elections, in that the flected, without doubt, much uneasiness in the minds new legislature which they would elect would be of many an elector and candidate as to what effect empowered to adopt the Constitution as drafted, reject this procedure would have on the elector's freedom it, or work out some other status for the Territory; of choice and the secrecy of voting. ( d) That the people of the Cook Islands were able 98. The Administration was of the view that this to exercise their rights prior to and during the polling would have no adverse effect. It also was estimated in complete freedom; that no more than a mere 4 or 5 per cent of the electors ( e) That the necessary precautions were taken to would require such assistance. This assessment was safeguard the voting papers; presumably based on the assumption that since a system (f) That a correct count of the votes and an accurate of compulsory free elementary education had been in report of the results had been made. troduced in the Territory since 1915, the number of illiterate electors needing such assistance would be very Administrative and physical arrangements small. In fact, the official report for 1964 states that 93. With regard to the administrative and physical " ... there is no illiteracy in the Territory ...". 3 But arrangements concerning the elections, my dut>: was as it turned out, on election day, very many more to determine whether these were adequate and m ac electors than anticipated in fact received such assistance. cordance with existing electoral legislation, and whether It was impossible to establish exactly what percentage they were objectively observed and scrupulously im of the electorate, in relation to the Territory as a plemented. whole, were assisted. There were more polling stations than there were Observers to keep an accurate count. 94. The procedure for the registration o~ electors But in Atiu, one of the outer islands in the southern and the oraanization and conduct of the elect10ns were group, there was only one polling st~tion and the provided fir in two separate acts of legislation. These Observer there was able, with the assistance of the were: ( 1) The Cook Islands Amendment Act, 1964; presiding officer and one of the scrutineers, to keep a and (2) The Cook Islands Legislative Assembly Regula count of the number assisted. It is pertinent to note tions, 1965. The first is an act of the New Zealand that 33 and ¼ per cent of all voters, mostly elderly Parliament and came into force in January 1965. people, required and received assistance. Under Se~tion 61 the New Zealand Parliament laid down the conditions for qualifications as elect?r cl:nd 99. While the Observer at Mangaia, another of the candidate. The second act, the Cook Islands Legislative outer Islands also reported a high incidence in the Assembly Regulation 1965, was promulgated by ~he resort to su~h assistance, the situation in the two administering Power in pursuance of an Order-m polling stations where I acted as Observe_r personally Council issued by the Governor-General of New Zea reflected a rather low incidence. Of the mne hours of land on 22 February 1965. 3 New Zealand, Department of Island Ter_ritories, Reports on 95. The administrative and physical arrangements, the Cook, Niue and Tokelau ifslands, Wellmgton, Government in so far as the actual conduct of the elections was P,rinter, 1%4, p. 40. Agenda items 23 and 24 15 polling, I spent three in each of the two polling stations I nipartiality of officials concerned with the elections concerned. During the three hours which I spent in each of the two polling stations, only four electors 106. In collecting the data which I required in received assistance in one, and three in the other ; evaluating the impartiaHtv of the officials concerned this accounted for 15 per cent of the voters in the entire with the elections, my 'immediate concern was to Territory. establish who were the persons appointed to the key electoral posts and what was their relationship with 100. It is difficult, therefore, to assess how reflective the Administration as well as with party and inde these figures are on the situation in the Territory as pendent candidates. The most important of these key a whole. Even more difficult is assessment of the in posts was that of the Chief Electoral Officer, who fluence, if any, this assistance may or may not have under the electoral regulations, had over-all respon had on the elector's choice of candidates and on the sibility for the organization and the conduct of the over-all outcome of the elections. Under a provision of elections. The electoral regulations provided for the the electoral regulations, presiding officers and scru appointment of a Deputy Chief Electoral Officer, who, tineers were made to sign a declaration of secrecy, in addition to his duties as principal aid to the Chief and to the best of my knowledge, there was not a Electoral Officer, could act in the case of the illness, single instance in which this declaration was breached. absence, death, or removal of the latter. The regula Still, I feel it ought to be noted that the practice tions provided further for the appointment of a registrar could not have helped much in furthering the arch for each electoral roll, a returning officer for each principle of the secrecy of voting in an exercise of such constituency and a presiding officer for each polling importance. station. 101. With the e..'Cception of the method of appointing 107. Appointments to these posts, with the exception enumerators, however, it would be fair to conclude of that of a presiding officer, were by the Resident that the administrative and physical arrangements con Commissioner acting under the powers vested in him cerning the actual conduct of the elections were in by the electoral regulations. The Secretary to the accordance with existing election legislation. Government, who is the most senior official of the 102. Judged within the framework of the two acts Administration second in importance only to the of legislation, noted in paragraph 94, the Administra Resident Commissioner, was appointed Chief Electoral tion deserves nothing but praise for Its efforts to Officer. Mr. Alan Armistead was appointed Deputy apprise the electorate of the voting procedures as laid Chief Electoral Officer. In almost every one of the down under the provisions of the two acts. The people outer islands the Resident Agent, who is head of the of the Cook Islands are not entirely unfamiliar with Administration of the island, was appointed to com the process of election to a legislature. The system of bine the functions of registrar with those of returning election by secret ballot based on universal adult suf officer. In a few cases the Resident Agent added to frage was introduced by legislation in the Territory these functions that of a presiding officer on polling as a whole in 1958. In that year, and again in 1961, day. the people had gone through the experience of electing 108. In considering this question, I was naturally the members of the Legislative Assembly and of the guided by the procedures adopted in similar circum Island Councils by the same system. stances in the past when dependent Territories went 103. In addition to the experience already gained through the process of public consultation as a prelude by the people, the Administration undertook a public to a crucial change in their political status. The appoint enlightenment programme on the provisions of the two ment of functionaries of the local administration to principal acts of legislation governing the elections. key positions in the electoral machinery is not un Through the publication of several pamphlets, a series precedented and, to the best of my judgement, the of radio talks broadcast from the Territory's five officials of the Cook Island Administration who were kilowatt transmitter station, and public meetings by appointed to these posts are men second to none in officers of ,the Administration, the voting procedures their ability, experience and sense of honour. The were explained for the benefit of the population. Visual establishment of an independent electoral commission aids were used to illustrate some of the procedures at has become •the common practice adopted in Territories the public meetings. passing through a similar phase of political evolution, and the creation of such a commission, divorced from 104. Nothing gave me more satisfaction than to be the administrative machine, would in my view have able to place on record the ability of the people of been the ideal arrangement. I could not help recalling these islands, when they were given the opportunity to cases in which the administering Power appointed vote for the candidates of their own choice. There an outstanding personality from outside who, with a cannot be a more eloquent testimony to this ability and fitting title, was vested with over-all responsibility for to the efficiency of the efforts of the Administration all aspects of the exercise. Officials of the local ad to enhance its exercise than the results of the elections. ministration who assisted him in the discharge of his 105. In view of the foregoing, I am generally responsibility were detached from the local administra satisfied that the administrative and physical arrange tive machine and for all practical purposes were re ments were in accordance with the electoral regulations sponsible solely to him. For example, one could perhaps promulgated by the administering Power and that the cite ,the plebiscite held in the former Togoland under electorate's familiarity with these arrangements was United Kingdom Trusteeship, and the elections held reasonably adequate. In reaching this conclusion, I have in the former Togo under French Trusteeship and in not permitted views which I hold on some of the the former Cameroons under United Kingdom Trustee provisions of the existing electoral legislation Itself ship. For the former British Togoland and the former to prejudice my approach. I refer specifically to the British Cameroons, the United Kingdom Government provisions relating to residential qualifications for appointed a distinguished retired public officer as electors and candidates, a question which I have dealt Administrator with over-all responsibility for the opera with exhaustively in the second part of this report. tion. In the former French Togo, the French Govern- 16 General Assembly-Twentieth Session-Annexes ment took similar ~c~ion. The .c~se of my own country, only be ensured but must also appear to have been aT ~armer _condomtmum adm1mstered jointly by the ensured. And experience has shown that there is no United Kingdom and Egypt, is not without some surer way to comply with this adage than the establish relevance. The organization and conduct of the elections ment of conditions in which the electoral machinery which resulted in the achievement of self-government can be seen to be divorced, in some measure, from the by _the Sudan _w~re entrusted to an independent inter local administration. natwnal comm1ss10n headed by an Indian. 109. It could be technically argued that since the Assessment of the awareness of the people regarding Cook Islands comprise neither a Trust Territory nor a the significance of the elections co_ndominium, these examples were not, per se, ap plicable. It was however my considered view that in 113. My task regarding the significance of the spite of the difference in status, the circumstances were election was to assess whether or not the people of the essentially the same. Coo~ Island~ were fully apprised of this significance, particularly m tha,t the new Legislature which they 110. The admirable role played by the senior officials would elect would be empowered to adopt the Con of the Cook Islands Administration in the community stitution as drafted, reject it, or work out some other in which they work cannot but strengthen the case stMus for the Territory. l\1y efforts in this regard of a similar course of action. Take the case of the were initially handicapped by the fact that my team of Resident Agent. As I mentioned earlier he is the Observers and I ~rrived in the Territory barely eleven principal representative of the Administr;tion on the days before polling day. Another handicap was the island to which he is posted. His functions are all fact that the population was dispersed on islands embracing. As senior Administrative Officer, he has separated by considerable distances over 850,000 square over-all control of all Government departments com miles of ocean in a part of the world where the system prising in most cases : agriculture, public health, educa of communication was still in its infancy. tion, police, public works, social development and housing. Then he is Commissioner of the High Court, 1_14._ The two Observers posted to Rarotonga, the Depu!y Registrar of Births, Marriages and Deaths, mam island, and myself set to work immediately on :Marnage Officer, Postmaster, and Shipper and Receiv our arrival. The other three Observers assigned to three ing Agent for the Administration. He is also Presi of the outer islands were at their posts, one on the day dent of the Island Council, the equivalent of a local after our arrival, and the other two respectively three authority council for each island. In this capacity, he and four days later. Special travel arrangements enabled adds to his other functions, preparation of the Council's me to visit five of the outer islands personally in a revenue and expenditure, and other duties. In this posi whirlwind sea and air voyage that took seven days. tion, the Resident Agent plays the role virtually of a In each of the islands, a special meeting was arranged Father-Confessor, the all-knowing figure ,to whom the to give me the opportunity to address the population community turns for guidance and help. on the role of the United Nations Mission. The tour also brought me in contact with the leading personalities 111. In the circumstances, the part which the in each of the islands. Resident Agent played in the organization and conduct of the elections was of interest, particularly as he was 11 S. As the hazards of Gallup Poll operations in the combining the functions of registrar with those of a more developed countries of the world would bear out, returning officer. Indeed his role was the subject of modern science and technology have not yet endowed an objection by a candidate who expressed the fear mankind with a foolproof method of evaluating public that, in the counting of votes in his constituency, the opinion. My task was further complicated by the fact Resident Agent who was returning officer there, might that the political party system, in the strict sense of discriminate against him. I referred the candidate to the term, was virtually unknown and the people's ex his right, under the electoral regula,tions, to nominate perience of purposeful public debate was limited to a scrutineer of his own choice to represent and protect social and economic rather than political issues. In his interest at the polls. He was satisfied, and withdrew spite of these limitations, my efforts, enhanced by the his objection. work of the Observers, resulted in findings which made it possible for me to arrive at conclusions that are in 112. I repeat that my respect for the ability, ex parts positive and in parts negative. perience and honour 'of the officials who were ap pointed to these key electoral posts cannot be over 116. The findings which reflect oonsiderable popular stated. And this particularly with reference to the awareness of the significance of the election are related Resident Agents who, from all accounts and in spite to Rarotonga and Aitutaki, the two most populous of the influence which they wielded in the community, islands whose inhabitants constitute more than 60 per did all that was humanly possible to avoid influencing cent of the population of the Territory. In these two the vote one way or the other. It is also my considered islands the New Zealand Government, in the pursuit view that the electoral provision relating to the appoint of its public enlightenment programme, found an able ment of scrutineers guaranteed for each candidate ally in the newly formed political parties and the adequate protection, especially as, in every case, the independent candidates. The publicity material it put candidates availed themselves fully of this right. The out reached the widest possible audience, particularly in impartiality of all of the officials concerned with the Rarotonga. Its effect was further enhanced by the vig elections was beyond doubt. In an election in which orous electoral campaigning by parties and candidates. victory went to those who were least expected to win, In election manifestos and in speeches at public meet the results were in themselves conclusive proof that ings, party and independent candidates gave excellent the Administration did not interfere with the elector's expositions on the constitutional proposals and clearly freedom of choice. The ·only excuse I had for dwelling set forth what would be their policies and programmes at length on the desirability of the establishment of of action, particularly with ,;egard to the offer of self an independent electoral commission, was my conviction government, if elected. The public meetings, of which that impartiality, as is the case with justice, must not there were very many, were marked by lively discus- Agenda items 23 and 24 17 sions in which searching and well-informed questions 1~0. The views and questions which I considered from the audience were very ably handled by the p~rt111ent _to the matter were expressed during inter speakers. views w):11ch my Observers and I had with candidates 117. In the circumstances, one cannot but conclude and ~rdmary members of the public. These views and that in !hese two islands the electors were fully aware 9-uest10ns also cropped_ up repeatedly at the public meet- tha~ their votes would constitute a mandate to the new 111gs held by the _Resident Ag~nts on the voting pro legislature to determine the future status of their cedures. Summarized, these. views and questions re cou~try. Of this there cannot be a more eloquent flected a _lack of underst:1-nd111g of the implications of testimony than the outcome of the elections. It was not the elect10n~. Some believed that the constitutional by an act of P~ovidence that the Cook Islands Party reforms ~h1ch they were being offered would mean swept the polls in Rarotonga. Of the contesting parties complete mdepe~dence and, consequently, would lead and &'roups of candidates, it was by far the best t? an abruJ?t withdrawal of the yearly financial as organized and the most active. The Party's candida,tes sistance which the Cook Islands received from New ~nd spokesmen wer~ articulate, forceful and specific f'.ealar~d_. Others wondered whether the proposed change in t~eir pamphleteenng and speeches. Thev were em m p_oht1cal st~tus would mean substituting the United phatic in their pledge to undertake if returned an Nations for New Zealand as the Territory's mentor and benefactor. Many of the people of these four islands early _rev_ision of s~m1e of the provi;ions of the draft appeared to have 1'.0 idea as to the implication of the Const!tut10_n, esp~c1allr those relating to the question vote they _were bemg called upon to cast. Indeed in of res1dent1_al quahficat1ons. To people in many quarters, some pass10nate appeals, some of my Observers and not excludmg the Administration, the Party's victory mys_elf had ~een . asked on several occasions to help came as a surprise. Similarly suprising was the defeat clarify the s1tuat10n, a request which could not be l\Ir. of D. C. Brown, Leader of Government Business complied with since it did not fall within my terms and President of the United Political Party which, by of reference. contrast, chose not to make any pronouncements throughout •the campaign on the constitutional issue. 121. Some of the causes of this disparity in the In the _campaign material put out by the latter, the people's awareness of the significance of the elections emphasis was rather on the Party's achievements in w~re, i~ some c~~es, inevitable. Unlike Rarotonga and !he social an~ economic spheres and on the pledge that Aitu:tak1, th~ political party system was still unknown to it would continue to make progress with vigour in these the islands m q~estion. Electioneering and canvassing fields if returned. for vote~ openly m any form was considered improper. (?anvassmg for support was still limited to the tradi 118. The findings which reflect a lack of under tional method of quiet and discreet house to house s~anding on the ~art of the population of the implica visits. And it was in very few cases that the candidates tions of the elect10n are related to four islands : Atiu t~e?1selves were really well acquainted with the pro and Mangaia in the Southern Group of islands where v1s10ns of the draft Constitution to be able to discuss Observers were posted; and Manihiki and Penrhyn in them either in public or private. th_e Northern Group, which I visited during my whirl 122. It would appear however that the effect of these wind tour. In so far as full grasp of the implications of shortcomings could have been considerably minimized the constitutional proposals and the significance of the had the Government's public enlightenment programme elections were concerned, there cannot be a more con tak~n a more active forrp. The series of pamphlets, clusive verdict than the views expressed and questions settmg forth the constitut10nal proposals in Maori and asked by the people of these four islands. simple English, were distributed to the people in the . 119. The lively ~ublic discussions and exchange of outer islands. Its special programmes, broadcast from views between candidates and electors which marked the five-kilowatt Radio Rarotonga, might have been the election campaign in Rarotonga and Aitutaki did heard throughout the Territory. But the possession of not _find a~ echo in the islands in question. A few radio sets is restricted to a limited few and with the public meetmgs were held by the Resident Agents, but islands so widely dispersed over such ; large area of these were devoted entirely to publicizing the provisions the South Pacific Ocean, one could not help wondering of_ the elector~! regulations and to acquainting electors how much of the radio talks survived weather hazards. with. the votmg pr~cedures. _There were no public In the Northern Group, particularly, reception is meetmgs by the candidates, neither was there evidence notoriously poor. The Cook Islands News, a Govern ment news bulletin and the Territory's sole newspaper of open camp:i-ignin~ in any other form .. The only ex cept10n was m _Atm, where at a pubhc meeting on publication, seldom finds its way to the islands con the ~ve of pollmg day, four of the six contesting cerned. Owing to the difficulties of communications, candidates took advantage of an offer by the Resident an issue takes anything from three to six months to Agent and made brief speeches. Even on that occasion reach some of the islands, particularly those in the none of the four candidates dwelt on the implication~ Northern Group. For contact with the outside world, of the draft Constitution. Reference to the draft Con these islands depend on a half-hour news bulletin stitution by two of them was confined to the remark transmitted by radio telephone from Rarotonga and that it was not final, but required modifications. The posted on notice boards in front of the offices of the Resident Agent of one of the islands informed an Resident Agents. And it is difficult to assess what Observer that he had been instructed by the Ad percentage of the people take the trouble to travel the ministration not to go into the constitutional issue distance involved to reach this bulletin, even though it eifoer at his public meetings or in private. These is published both in English and Maori. instructions were given by telegram, a copy of which 123. In the light of the limitations of the com was shown to the Observer. The Resident Agent of munications system referred to earlier, the impact of another island stated that he had received no instruc these broadcasts and publications could not have been tions, and in the circumstances decided not to concern as universal and effective as was without doubt the himself with the constitutional proposals. intention of the Administration. 18 General Assembly-Twentieth Session-Annexes
124. In a Territory beset with tremendous com of Albert Henry and the government of Dick Brown. n:unica~ion pr?blems, one ~a.nnot but appreciate the It is probably not a mistake of the people that there d1fficu)ties which t~e ~dmm1stration had to grapple had not been sufficient explanation of the issues. If with m the orgamzat1011 and conduct of its public the blame for inadequacy of explanation did not lie enlight~nment programme~. _However, I could not help with the people, why should the people be made to wonder~ng why the Admm1stration had not assigned suffer for it?" to Resident Agents a more effective role in this 128. In view of the positive impact of the Adminis programme. As recorded elsewhere, the Resident Agents tration's public enlightenment programmes and the handled their public meetings on the provisions of the effect of the vigorous campaign by party and inde electoral regulations and voting procedures with out pendent candidates on the people of Rarotonga and standing impartiality. It seems to follow that they could Aitutaki, it would be reasonable to conclude that there have helped in the enlightenment programme on was a fair degree of consciousness in a fairly large sec the constitutional proposals with equal impartiality. tion of the population regarding the significance of the Although the literacy rate, particularly in Maori, is elections. At the risk of being repetitious, I cannot help high, a public discussion of the constitutional proposals noting that the fact that the people of these two islands led by the Resident Agents would have been an invalua constitute over 60 per cent of the total population pro ble follow-up to the pamphlet airdrops and radio talks. vides enough justification for this view. An even Again during the public meetings on voting procedures, stronger justification can be found in the pattern of the views expressed and the questions asked by the polling on election clay and in the outcome of the votes. audiences reflected an incredible grasp of some of the The weather on election clay was very inclement, and co:nplicated provisions. I could not help regarding yet I saw men and women, young and old, defy torren this understanding of the electoral regulations as con tial rain and wait patiently in long queues for their vincing evidence of the people's ability to understand turn to vote, thus contributing to a poll which was the constitutional proposals also if they had been given without doubt one of the heaviest in the historv of the the benefit of a public debate. islands. At the final count, the high percentage- of 93.9 125. Of all the tasks which my Mission involved, of all registered voters participated in the vote. And the assessment of the awareness of the people regarding the choice of the overwhelming majority was not the United significance of the elections was by far the most difficult. Political Party, the majority party in the outgoing In the light of my findings, it was difficult to make an Legislative Assembly, bit the Cook Islands Party which unqualified assertion on this all-important matter, made an election issue of the constitutional proposals, particularly as it involved assessment of the public and was most emphatic in its pledge that, if returned, mind on proposals entailing a crucial change in the it would seek such modifications in the draft Consti political status of an entire people. I did not consider tution as would bring to the people effective control that paucity of population should have any bearing on of their internal affairs. my approach, and it was not allowed to have any. Freedom of exercise of rights prior to and during polling 126. It is in this spirit that I felt compelled to record that the public enlightenment programmes of 129. The question which I was required to deter the Administration lost much of its drive and purpose, mine was whether the people of the Cook Islands were in so far as its pursuit in most of the outer islands was able to exercise their rights prior to and during the concerned. The further one got from R1roton1;a, the polling in complete freedom. In view of the fact that main island and urban centre, the more difficult it my team and I arrived in the Territory only eleven became to find any evidence of its impact on the public days before polling day, I find myself unable to make mind. On election day, polling even in these islands a categorical observation regarding events antecedent was heavy and the percentage of the poll in relation to our arrival. It is, however, noteworthy that in spite to the number of registered voters averaged 95.2 per of the widely publicized statements by me urging the cent. For large sections of the inhabitants of these population to feel free to come to my Observers and islands, constituting about 40 per cent of the Territory's myself with any complaints they might have, we re population, the vote meant hardly any more than the ceived no serious complaints or reports of any instance ordinary election of new members of the Legislative of interference concerning these events. Assembly. 130. From the date of our arrival, my Observers 127. Indeed during consideration of one of the and I were eye-witnesses to the freedom with which motions before the new Legislative Assembly, grave political parties, their candidates and those contesting doubts were expressed on this question by members the elections as independents, issued electioneering pam of the Independent Group in opposition to the majority phlets and posters, held public meetings, and campaigned party. The motion itself was loaded with a feeling of in other forms. In Rarotonga and Aitutaki there is no doubt. It proposed that the Assembly defer question but that the people were able to exercise their "adoption of the Constitution until such time that rights in complete freedom during the period of cam the alternatives to Self-Government are fully investi paigning. In the light of the findings which I have re gated and explained and the wishes of the people corded in paragraphs 64 to 79 of this report, this obser determined by referendum". vation could hardly be regarded as unreservedly applicable to the outer islands of Atiu, Mangaia, The debate which it provoked is dealt with in greater Penrhyn and Manihiki. But even in these islands there detail in the second part of this report. But a point of was no attempt on the part of the Administration to view expressed by Mr. Pupuke Robati, Independent restrict this freedom. My team and I received no com member for Rakahanga, the mover of the motion, is plaints or had any evidence of an interference with of particular pertinence. He said ... these rights. On the contrary, in its earnestness to en "I was with my people on my island. The only sure that the electors would be entirely free in their explanation they were given during the elections was choice of candidates in the polling booths on polling on two types of government, namely the government day, the Administration was unsparing in its efforts to Agenda items 23 and 24 19 acquaint the people with the provisions of the electoral Counting of the votes regulatioi:s relating to campaigning in polling booths and coercion of electors on election day. In certain areas 135. It was finally my task to determine whether the ~dministration's efforts with specific reference t~ the counting of the votes at the end of polling was cor coercion unfortunately led to some confusion. In these rect, and whether the reporting of the results was areas, some of the people mistakenly believed that, accurate. I;1 this task I received the full co-operation under _the regulations, campaigning and canvassing of of the Resident Commissioner and the Chief Electoral votes. 111 any ~orm and at any stage of the electoral Officer. 1:Jnder a. provision of the electoral regulations, exercise was illegal. Indeed in Atiu it was strongly onl~ pollm~ official~ and scrutineers were permitted at suggested that this confusion contributed, in no small pollmg stations durmg polling. The Resident Commis meas_ure, to the decision of candidates not to hold public sioner, acting under Section 88 of the regulations modi meet~ngs. _In fa~t, at one of the Resident Agent's public fied this provision to give my Observers and mys~lf free meet111gs 111 Atiu, a member of the audience a school access to the polling stations. Modifications were also teacher, asked the question : ' made in the arrangement for the counting of votes to enable us to witness the actual counting in as many "In view of the regulations relating to influencing polling stations as possible. of vote~s at polling stations on polling day, would it not be illegal for a candidate to hold a public meeting 136. Consequently, counting of v~tes in six consti and to campaign or to canvass for votes at any stage tuencies, consisting of 86 per cent of the registered of the election ?" voters and relating to the election of 16 of the 22 mem 131. He was assured that it was not. Afterwards bers of the Legislative Assembly, was witnessed per the school teacher told the Observer that he had asked sonally either by an Observer or myself. It is as a re !he questi~n in order to create an opportunity for clear sult of this thorough on-the-spot verification that I wish mg the m111d of the people of a confusion which was to report that, in the preliminary as well as the final partly responsible for the absence of campaigning, a count, there were no discrepancies worth recording. In confusion which had been referred to by many of the no case did scrutineers, the custodians of the interests people interviewed by the Observer. of a candidate at each counting centre, object to the re sults as established by the count. And I am satisfied 132. On polling day the Observers and I, visited, that the counting of the vote was correct and the re in all, 24 polling stations out of a total of 29 established porting of results was accurate. for the elections. These 24 stations catered for 86 per cent of the registered voters. Voting was brisk, smooth 137. One finding of particular interest concerning and orderly. There were no reports of undue restraint this question was the view expressed by several people or illegal influencing of the elector, and neither did my as to the contribution that the presence . of a United Observers nor I see evidence of any, a view that applies Nations team of observers might have made. In this with equal force to the outer islands as well as to Raro regard, I find it particularly gratifying to note the views tonga. expressed by Mr. Albert Henry and many of the lead 133. I am satisfied that the people were able to ing personalities of his party, the Cook Islands Party. exercise their rights prior to and during the polling in Repeatedly, they have told me that but for the United complete freedom. Even in areas where the public en Nations supervision, their party might have had a diffi lightenment programmes of the Administration resulted cult time winning the elections. The presence of the United Nations, in their view, dispelled whatever fears in some confusion regarding the electoral regulations relating to the influencing of voters, the people were the party and its supporters might have had regarding the possibility of denying to a candidate the right to not denied access to their rights. It was a case of failure campaign and of depriving electors of their right of on their part to avail themselves of the opportunity rather than any intention on the part of the Adminis freedom to vote for the candidate of their choice. tration to deprive them of their rights. F. SUMMARY OF CONCLUSIONS Precautions aimed at safeguarding voting papers 138. The United Nations had in the past undertaken 134. The precautions taken by the Administration the supervision of elections in many Trust Territories. to safeguard the voting papers are described in para But this was the first time since the establishment of graphs 55 and 84 of this report. These precautions were the Organization that the General Assembly, on the adequate, and I had no reports of ballot papers falling invitation of an administering Power, h_ad authorized into hands of unauthorized persons. Furthermore, the the supervision of elections in a Non-Self-Governing procedures relating to the actual casting of votes were Territory. It is therefore my earnest hope that the ex such that no elector who might have had access illegally periment may herald a new era of constructive co to extra ballot papers, could have made any use of them. operation between the administering Powers and the No persons were allowed to vote unless a thorough United Nations regarding the question of the granting check had established beyond doubt that they had regis of independence to colonial countries and peoples. tered as electors. Although part of the actual act of 139. The administering Power had sole respon voting-the marking of a cross against the name of the sibility for the organization and conduct of the elections. candidates of the elector's choice---took place in booths Although the role of the United Nations was only ensuring absolute secrecy, the other part, involving slip supervisory, I considered it my duty to spare no human ping of the marked ballot paper into the ballot box, took effort in ensuring that the population, in the exercise place in the open. And it was simply impossible for of its right of self-determination, derived full and effec any one elector to slip more than one ballot paper into tive benefit from the presence of the United Nations. the box. These procedures, taken in conjunction with the precautions taken by the Administration regarding 140. The procedure for the r~gistration of elector?, the printing and storage of the ballot papers before qualification for electors and can?1dates, and th~ organi polling day, provided a foolproof safeguard for the zation and conduct of the elections were provided for security of the hal1ot papers. in two separate acts of legislation: The Cook Islands 20 General Assembly-Twentieth Se!sion-Annexes
Amendment Act, 1964; and the Cook Islands Legisla of the Administration lost its drive and purpose, and tive Assembly Regulations, 1965. One of my functions the pre-election period was not marked by the vigorous was to determine whether or not the provisions of the campaigning by parties and independent candidates two acts were objecth·ely observed and scrupulously which helped so much to enlighten the population of implemented. the two main islands of the significance of the exercise. 141. In this regard, I was satisfied that the adminis 147. However, it would be reasonable, I believe, to trative and physical arrangements made by the Adminis conclude that there was a fair degree of awareness by tration concerning the conduct of the elections were a fairly large section of the population regarding the in accordance with the regulations. There were two significance of the elections. This view is founded on minor imperfections: one of a legal nature and the other the following considerations: the two main islands an error of judgement, neither of which was of such where the awareness of the people is beyond question, significance as to impair the validity of the results of constitute about 60 per cent of the population ; as high the elections. a percentage as 93.9 of the registered voters defied in 142. The people of the Cook Islands are not un clement weather to participate in the vote; the choice familiar with the processes of election by secret ballot. of the overwhelming majority was the party which was In 1958 and again in 1961, they had elected represen the least expected to be returned-since its leader did tatiYes to a Legislative Assembly and to Island Coun not occur very much in the good books of the Adminis cils in an election based on universal adult suffrage. The tration-and was the onlv one to make an election experience already gained by the people was further issue of the constitutional ·proposals an
desire on the part of Governments in New Zealand has been both liberal and far-sighted, and we have to see that we were freed from any taint of been anxious to assist wherever we can with the colonialism."6 political and economic advancement of these people 181. .i\Ir. J. R. Hanan, the present Minister respon whom we recognize as our cousins, our racial sible for matters relating to the Cook Islands and brothers, and of course our closest neighbours."9 government spokesman in the debate, recalled in his 184. Mr. Nordmeyer, the Leader of the Opposition reply,7 how the Leader of the Opposition had in the said: past, "by his wise and helpful stand", saved his party (the L,bour Party) from laying itself open to the charge " ... As some members have said, including, I think, the Prime Minister, the association of the that it ,vas opposed to ~ ew Zealand complying with the letter and spirit of the 1960 United Nations Declaration Cook Islands and New Zealand is probably a unique on colonialism. Mr. Hanan said that there was no doubt one in that the Cook Islanders come freely to this that the Leader of the Opposition had cleared his party country and are regarded as New Zealanders when they come here."10 of that possible charge. 182. An even more unequivocal indication of the 185. The bill was finally approved by Parliament effect of the role of the United Nations on the policies without a division on 10 November 1964. Seven days of the New Zealand Government with respect to the later, it became an act, the Cook Islands Constitution Cook Islands was given by the Prime Minister, Mr. Act, 1964, providing for the draft constitution for the Keith Holyoakc, in a speech during the debate. He said Territory. inter alia: 186. The draft constitution and the Cook Islands "Since the end of \Vor!d War II many of the large Amendment Act, 1964, were the only matters con Asian countries-and many of the small countries sidered by the new Legislative Assembly during its too-have achieved independence. Virtually all the first meeting. African countries have achieved independence, and with their becoming Members of the United Nations, B. DRAFT CONSTITUTION OF THE CooK ISLANDS tremendous pressure has been brought to bear on -WHAT IT MEANS the old colonial powers to grant independence to all the newly emergent countries. The Minister of Island Political status envisaged Territories has outlined in detail the responsibilities 187. As has already been stated, the draft consti we accepted in agreeing to the 1961 General As tution of the Cook Islands is an Act of the Parliament sembly declaration on colonialism. That declaration of New Zealand which, under a special arrangement, recognized that one of the ways in which a dependent was not to become effective except upon its endorse people could emerge to independence was by free ment by the elected representatives of the people of the association with another country, so long as it was Territory. The broad ·outlines of the political status in accordance with the freely expressed wishes of the envisaged for the people are set forth in the opening people of that country. That was the path chosen by sections of the Act as follows. The Cook Islands shall Samoa, and now by the people of the Cook Island?, be self-governing with the Constitution as the supreme and these Bills set out to implement the method. Sir law of the land. External affairs and defence shall be Leon Geitz, who in 1962 was Minister of Island Terri the responsibility of Her Majesty the Queen to be dis tories, went to the Cook Islands and placed the four charged by the Prime Minister of New Zealand after alternatives, as we saw them, before the Assembly consultation with the Premier of the Cook Islands. The and the people of the Cook Islands. They were, people of the Cook Islands shall continue to have briefly, complete independence, integration with New British nationality and to be New Zealand citizens. Zealand, joining a Polynesian federation, and full The sections relating to these broad outlines are en internal self-government. They chose the fourth alter trenched, and can be amended or repealed under a native. For ~ore than two years, since 9 July 1962, procedure involving an affirmative two-thirds majority this subject has been freely discussed. I imagine it vote in a national referendum. is almost the sole topic of political discussion among 188. A number of institutions, designed to serve as the people of the Cook Islands, and they have decided instruments for the exercise by the people of their rights to ask us to implement the ,fourth alternative. The under the new political status, is provided for in the Cook Islands Assembly requested the New Zealand schedule of the Act consisting of 88 articles. They in Government to proceed with its plan for giving the clude: the Head of State; High Commissioner; Council Cook Islands full internal self-government. At the of State; the Cabinet; the Executive Council; the s:1me time the Assembly was insistent that Cook Is Legislative Assembly; the Judiciary; the Audit. (?ffic~; landers should be permitted to retain New Zealand the Public Service. In addition to these, prov1s10n 1s citizenship. That, of course, is what these Bills set 8 also made for a special post which, by virtue of its out to put into effect." c:ttributes, constitutes an institution unto itself. Its 183 Consideration of the Bill became an occasion holder combines the functions of Secretary to the on wh.ich, in passionate speeches, both the Prime l\,finis Cabinet with those of Secretary of the Premier's De ter and the Leader of the Opposition referred to the partment, permanent head of the Public Service, and people of the Cook Islands as "our cousin~" _and "N_ew principal administrative officer of Government. Zealanders". Mr. Holyoake, the Prime M1111ster, said: "I would say this: of recent years the po~icy of Institutional arrangements successive New Zealand Governments concermng all 189. Head of State. The draft constitution provides the people of the Polynesian islands in the Pacific that Her Majesty the Queen in right of New Zealand shall be the Head of State of the Cook Islands. Execu- 6 Ibid., p. 2850. 7 Ibid., p. 2864. 9 Ibid. s Ibid., p. 2842. 10 Ibid., p. 2850. Agenda items 23 and 24 25 t~ve authority is vested in the Queen and may be exer amendment of such Bill, and to delay its coming into cised on her behalf by a Council of State. force. 190. High Commissioner. Provision has been made 197. Furthermore, bills relating to financial matters for the appointment of a High Commissioner of the may be proceeded with in the Legislative Assembly Cook Islands. In a speech, the Minister in New Zealand only on the recommendation of the Council of State. responsible for Island Territories referred to the title The Speaker of the Assembly is required not to allow "High Commissioner" as being "not entirely apt .. .'' consideration of such bills, if they are not introduced but "the least inappropriate" of all the titles considered. on the recommendation of the Council of State. Under the terms of the relevant clause, the High Com 198. Cabinet. The draft constitution provides for a missioner is appointed by the Governor-General on the Cabinet, comprising the Premier of the Cook Islands recommendation of the New Zealand Minister respon who shall preside over the Cabinet, and four other sible for matters relating to the Cook Islands, made Ministers. The Cabinet shall have the general direction after consultation by the Minister with the Premier of and control of the executive government of the Cook the Cook Islands. Islands and shall be collectively responsible to the Legis 191. The High Commissioner shall be the represen lative Assembly. The Premier is appointed by the tative of the Government of New Zealand in the Cook Council of State and must be, or, in the case of an ap Islands. He shall be, jointly with the other members pointment after dissolution, must have been, a member of a three-man Council of State, also the representative of the Assembly who commands or is likely to com of the Queen. mand the confidence of a majority of the members of the Assembly. Other ministers are appointed by the 192. Council of State. The Council of State consists Council of State, on the advice of the Premier, from of the High Commissioner and two Arikis ( Senior the members of the Assembly. Under the provisions of Chiefs), one from Rarotonga and the other a nominee the draft constitution, the Premier shall assign port representing all the Arikis of the outer islands. The folios to the ministers whose roles shall be of full minis Ariki members of the Council of State are appointed terial status. by the Governor-General on the recommendation of the New Zealand Minister responsible for matters re 199. Executive Council. Provision is made for the lating to the Cook Islands. The Minister is required to creation of an Executive Council, a deliberative body base his recommendation on nominations, in the case consisting of the members of the Council of State and of Rarotonga by the majority of the Arikis of Rarotonga the members of the Cabinet. Meetings of the Executive and in the case of the outer islands by the majority of Council may be summoned only by a member of the the Arikis of the outer islands. Council of State or the Premier, for purposes including consideration of any Cabinet decision. Under a provi 193. A clause provides that the High Commissioner sion of the constitution, if the Executive Council con shall preside at all meetings of the Council of State. Its firms such a decision, and two members of the Council decisions shall require the affirmative vote of at least of State, one of whom shall be the High Commissioner, two of its three members, one of whom shall always be concur, the decision will take effect as a decision of the the High Commissioner. Cabinet. If the High Commissioner or any two mem 194. The functions assigned to the Council of State bers of the Council of State do not concur, or request under the draft constitution are manifold. In the per amendment, the decision must be referred back to the formance of some of its functions, the Council is re Cabinet for reconsideration. quired to act in its discretion, and with regard to others, 200. This provision in effect gives the Executive on the advice either of the Cabinet, the Premier or the Council power to request but not to enforce amend appropriate Minister. In one exceptional case-appoint ment of any decision of the Cabinet. Provision is made ment of judges other than a Chief Judge-the Council for a time-limit-of two days in the case of matters of must act on the advice of the Judicial Service Com extreme urgency and of four days in other cases mission. within which a decision of the Cabinet can be referred 195. Under the terms of a clause of the draft consti to the Cabinet for reconsideration. The Executive tution, if the Council of State acting in its discretion so Council thus has authority not to overrule but to delay requires, the Premier must refer to the Cabinet any de the coming into effect of any Cabinet d~cisi?n. And cision of a Minister, including the Premier himself, that under a procedure laid down in the Constitution, only has not been considered by the Cabinet. Decisions of members of the Executive Council who are also members the Cabinet itself must receive the approval of the Coun of the Council of State can exercise this authority. Two cil of State to become effective. Acting in its discretion, members of the Coun~il of State, including the High the Council can, within 14 days, refer to the Cabinet Commissioner can with or without a request for an any decision of the Cabinet for reconsideration. The amendment, r~fer ~ny decision of the Cabinet back for approval of the Council becomes automatic if the Cabinet reconsideration. reaffirms such a decision after reconsideration. Deci 201. Legislative Assembly. Legislat_iv~ authority is sions of the Cabinet are subject to further restraining vested in the Legislative Assembly consistmg of twenty check by the Council of State under other functions two members, al-I of them directly elected t~r?ugh se_cret assigned to the latter. Under those functions, the _High ballot. Elector or candidate must be a British subJect, Commissioner or any two members of the Council can over 18 years of' age and every elector must have been request, but not enforce, an amendment to a decision ordinarily resident in the Territory for twelve m~nths of the Cabinet. prior to his application to enrol, but every candid_ate 196. Under the provisions of another clause, any must have been so resident for three years precedmg member of the Council of State may initiate action with his nomination. the object of varying a Bill whi~h has ,?~en approved 202. Meetings of the Legislative Assembly are. pre by the Legislative Assembly. This prov1s10n gives the sided over by a Speaker, elected by the_ Assembly 1ts~lf Conncil of State the power not to neg:1te tut request either from its members or from outside, provided m 26 General Assembly-Twentieth Session-Annexes the latter case that he is qualified for election as a and defence, subjects reserved for the Government of member of the Assembly. New Zealand, a clause of the draft constitution requires 203. The Legislative Assembly may make laws, to that there shall be prior consultation by the New be known as acts, for the peace, order and good govern Zealand Prime Minister with the Premier of the Cook ment of the Cook Islands. This power is subject only Islands. Provision is, however, made for the New to the provisions of the constitution. It includes making Zealand Parliament, if requested by the Government laws having extraterritorial operation. The Assembly of the Cook Islands, also to make laws for the Terri may repeal, revoke, or amend in its application to the tory relating to any other matter. Legislation in such Territory any New Zealand statute or other law already cases must be with the consent of the Government of in force. the Cook Islands. 204. The constitution can be amended or repealed 208. Under another clause, the Governor-General by the Legislative Assembly. In all matters, except may from time to time by order-in-council make, at the those provided for in entrenched clauses, both the final request and with the consent of the Government of the vote and the vote preceding the final vote must receive Cook Islands, regulations not inconsistent with the a two-thirds majority of the total membership of the draft constitution, for the peace, order, and good gov Assembly, including vacancies. There must also be an ernment of the Territory. A request for such regula intcnal of ninety days between the final vote and the tions must be made, and the consent to them must be vote preceding it. No variation of the entrenched clauses given in a resolution of the Legislative Assembly, and shall be made unless it is supported by a two-thirds if the Assembly is not sitting at the time, by the majority in a national referendum. Subjects provided Council of State acting on the advice of the Cabinet. for in entrenched clauses include: external affairs and 209. Judiciary. The present High Court will be defence; establishment of the Cook Islands as a self retained under the provisions of the draft constitution. governing Territory with the constitution as the su The existing Native Law Court and Native Appellate preme law of the land; the status of the people as Court will also be retained with the new titles, respec British subjects and New Zealand citizens; the position tively, of Land Court and Land Appellate Court. of her :Majesty the Queen as Head of State of the Terri 210. The present rights of appeal to the Supreme tory; and the procedure for the repeal or amendment Court of New Zealand are preserved. Provision is of the Constitution. made for an additional right of appeal as of right, and 205. The Assembly cannot take any action relating that is given where a case involves a substantial ques to financial matters, except on the recommendation of tion of law as to the interpretation or effect of any the Council of State, including bills or amendment bills provision of the Constitution. dealing with: the imposition or alteration of taxation; 211. The Chief Judge of the High Court and the imposition of any charge upon the Cook Islands Govern Chief Judge of the Land Court are appointed by the ment Account or any other public fund; the payment, Council of State acting on the advice of the Premier. issue or withdrawal from the Cook Islands Govern All other judges are appointed by the Council of State ment Account of any money not charged to such account acting on the advice of the Judicial Service Commis or public fund; the composition or remission of any sion. A judge can be removed from office only under debt due to the Crown. a procedure involving an inquiry by a three-man tribunal 206. Laws made by the Legislative Assembly become of senior judges or barristers of New Zealand or a effective only on receiving the assent of the Council British Commonwealth country. of State which is required to act on the advice of the 212. Audit Office. All public funds and accounts are Premier in some cases, and in others, to act in its own required to be audited by the Audit Office of New discretion. The Council of State, acting on the advice Zealand, which has to make an annual report to the of the Premier must assent or refuse its assent. But Speaker of the Legislative Assembly. any member of' the Council of State is entitled to r~fer 213. Public Service. The draft constitution takes the a bill to the Executive Council for that body to consider control of the Cook Islands Public Service away from such amendment as that member may propose, or to the New Zealand State Services Commission and consider whether the Council of State should refuse its places it under the control of the Secretary of Premier's assent. The draft constitution provides for a procedure Department, who is required to pay regard to the under which, on the initiative of any member of the general policy of the C3;binet relating to that service. Council of State. a Bill which has already been passed A series of clauses provides that the Secretary of the by the Legislative Assembly can be referred to the Premier's Department shall be appointed by the Council Assembly, with or without a request for amendme1;t, of State acting on the advice of the Cabinet, but shall for reconsideration. If the Assembly approves the b1ll be deemed not to be an employee of the Cook Islands again in its original form or with the proposed amend Public Service. The holder of the post shall be Secre ment the assent of the Council of State becomes auto tary to the Cabinet, Permanent Head of the Premier's mati~. The relevant clauses prescribe a time-limit of Department and the principal adminis~rative <;>fficer . of fourteen days within which a bill m~st be ~e~erre1 to the Government head of the Public Service with the Assembly if assent is refused. This P.rovisio1; ~i.ves responsibility £or' the appointment, promotion! tra1:-sfer, any member of the Council of. State t~e ng~t to imtlate termination of appointment, dismissal, and d.isciplmary action with the object of varymg a Bill which ~as been control of the Public Service. He shall be assigned such approved by the Legislative Assembly. It gives the other functions as may be prescribed by law. Council of State the power not to negate but t<;> de)ay the coming into effect of any Act of the Legislative C. CooK ISLANDS AMENDMENT AcT, 1964 Assembly. 207. Under a series of provisions of the draft 214. The Cook Islands Amendment ~et, 1964 ~as constitution, power of legislative authority is delegated a transitional measure. It was enacted mamly to provide to the New Zealand Parliament and to the Governor for reforms which could not awai! en~orsement of the General. In enacting laws relating to external affairs draft constitution by the new Legislative Assembly. Agenda items 23 and 24 27 215. The most important of the reforms for which the meeting, all but two of the twenty-two members provisions were made in the Act included the transfor were able to attend. One of the remaining two, Mr. mation of the Legislative Assembly from a partly John Tariau, of the Cook Islands Party, member for elected and partly appointed body of twenty-six mem Pukapuka, was in Rarotonga but had to await the bers to one of entirely elected membership of twenty final count of the vote in his constituency. It had not two, and the promulgation of the necessary regulations been possible to make travel arrangements for the for the organization and conduct of the elections to the twen~y-second member, also a Cook Islands Party new Assembly. candidate representing the remote island of Manihiki 216. It was under a provision of the Act itself that in the Northern Group. the controversial three-year residential qualification for 221. Of the twenty who took part in the meeting candidates was retained, and the equally controversial from the start, twelve were members of the Cook one-year residential qualification was prescribed for Islands Party which thus became the majority Party electors. in the Assembly. In the absence of the Party leader, 217. The relevant section reads as follows: Mr. Albert Henry, Dr. Manea Tamarua, the Deputy "61. Nationality and residential qualifications of Leader of the Party, acted as spokesman. The other electors and candidates- eight were members of splinter groups consisting of The Cook Islands Amendment Act, 1957 is hereby the United Political Party, the Independent Group, and further amended by inserting, after section 32, the members who contested the elections as individual in following section: dependent candidates. Mr. Dick Brown, leader of the United Political Party and former Leader of Gov '32A. ( 1) Without limiting the provisions of any ernment Business, having been defeated in the elections, regulations or Ordinance prescribing any additional Mr. William Estall, member for Aitutaki, became the qualifications, a person shall be qualified to be an Group's spokesman. Their only unifying force, as was elector for the election of members of the Legislative amply in evidence during the meeting, was their opposi Assembly or to be a candidate at any such election, tion to Mr. Henry, an opposition which stemmed from if, and only if,- fear of the fact that as Leader of the Cook Islands " (a) He is a British subject; and Party, he was destined to head the new Government. " ( b) In the case of an elector, he has been For the purpose of convenience, this group is referred ordinarily resident in the Cook Islands throughout to in this report as the Opposition, without prejudice the period of twelve months immediately preced to their formal objections, made during the meeting, to ing his application for enrolment; and being referred to as the Opposition. " ( c) In the case of a candidate, he has been 222. Eight sittings were held, from 10 to 14 May ordinarily resident in the Cook Islands throughout and from 17 to 19 May. For each sitting, the Assembly the period of three years immediately preceding met from 9 a.m. to 1 p.m. each day, with a break of his nomination as a candidate .. .'." about thirty minutes for tea. On 11 May, however, the sitting was brought to an end at 10 :15 a.m., fol lowing a walk-out by the eight members of the Opposi D. FIRST MEETING OF THE NEW LEGISLATIVE tion. Also on 14 May, the sitting ended earlier than ASSEMBLY 1 p.m., during consideration of a motion proposing the 218. As indicated in the letter of 2 February 1965 establishment of a House of Chiefs. Following an from the representative of New Zealand to the Secre agreement by the members, the Assembly adjourned to tary-General (A/5880), the form and nature of the allow time for informal consultations on the question. Cook Islanders' future status were a major issue at the 223. Notices of motions began to arrive at the first meeting of the new Cook Islands Legislative As office of the clerk of the Legislative Assembly well over sembly. As it is not highly likely that enough copies a week before the beginning of the meeting. Members of the verbatim reports would ever be available at the were formally advised of the date it would start it: a United Nations Headquarters for consultation by circular letter dated S May (see annex V). Its opemng members either of the Committee of Twenty-four or paragraph stated : the General Assembly, I decided to cover in the sum "You are hereby advised that the first meeting of mary that follows as much ground as was absolutely the Legislative Assembly, Eighth Session which essential to portray, as faithfully as possible, a true commences Monday 10 May 1965 in the Assembly picture of all aspects of the meeting. Chambers, Avarua, is being convened solely to con sider matters relating to the Constitution BiII. There Summary of the debate fore no other matters will be discussed at this 219. The new Legislative Assembly held its first meeting." meeting from 10 to 19 May. The meeting was convened 224. The business for the first day's sitting was set almost two weeks earlier than was the Administration's forth in Order Paper No. 1 (see annex VI) including original plan, as the result of an understanding which a motion proposing suspension of the Assembly's _Stand had been reached between the Resident Commissioner, ing Orders to enable the House to proceed with the Mr. A. 0. Dare, Mr. Albert Henry, leader of the questions before it. Cook Islands Party, the majority Par,ty in the new Assembly, and Mr. G. K. J. Amachree, Un_der-Secr~ 225. Following prayers and the swearing in of the tary for Trusteeship and Non-Self-Govermng Terri new members the Resident Commissioner, who was tories, during his brief visit to the Cook Islands. presiding by ~irtue of the fact that he wa? President 220. Preparations for the meeting began immediately of the outgoing Assembly, made an opening address after a substantial proportion of the final results of the ( see annex VII). Then I made a statement at the eleotions had been established. Special arrangements invitation of the President ( see annex VIII). were made to bring the returned candidates from the 226. In his opening address, the Resident Commis outer islands to Rarotonga. At the commencement of sioner said, inter alia: 28 General Assembly-Twentieth Session-Annexes
"Mr. Adee!, we all know that you are on a special 232. In a brief statement, the Resident Commis Mission here, and we know that you have a difficult sioner said the Assembly's decision to let him continue task. You have to be absolutely impartial in your in the Chair was a "gesture" which he appreciated. He work. I think everyone knows that the New Zealand went on: Government, with the agreement of the Cook Islands "It is true that the Cook Islands Act states that Government, asked this Mission to come here. We the Resident Commissioner shall remain in the Chair, have reached a special stage in the development of but as Honourable Members know, last year we de the Cook Islands when the people have to have the cided to elect a Speaker and have the Resident Com free right to choose what form of Government they missioner absent himself as often as possible. Had should have. \Ve feel that we are giving these people you wished to have your own speaker in the Chair that right, and we feel also that if anyone wants to then I would have been very happy to absent myself check whether or not we are, they are very welcome again this year. But as you have asked me to sit in indeed." the Chair then I am very happy to do so." 227. In my statement, I said, inter alia: 233. The Assembly proceeded with the election of "Honourable Members, your election to this As Leader of Government Business and members of the sembly marks a mere starting point on a long, Executive Committee, the next item on the Order and if I may say so without sounding pessimistic, Paper. Dr. Tamarua, spokesman for the Cook Islands hazardous road. I can assure you that the interest of Party, was nominated for election as Leader of Gov the United Nations will not end with our departure ernment Business by a member of his Party who was from your colourful and hospitable shores. My report, seconded by another member of the Party. Mr. Estall, when it is completed, will be discussed by the Special of the Opposition, was nominated by a member of the Committee of Twenty-four and the General Assembly. Opposition who was seconded by another member of And whatever the end results of the present experi the Opposition. In a vote by show of hands, Dr. ment, you can expect a place of pride in the United Tamarua was elected Leader of Government Business Nations interest in developing countries." by 12 votes to 8. 234. Following established practice, Dr. Tamarua 228. The Assembly then unanimously adopted a was invited by the President to make nominations for motion in which it expressed "its appreciation" of the elections to the Executive Committee. He nominated visit of the United Nations team of Observers. In a Messrs. Maria Strickland, Apenera Short, Tiakana short speech introducing the motion, Mr. Julian Dash Numanga, and Mrs. Marguerite Story, who are Cook wood recalled how he had always maintained that if it Islanders, and Mr. Julian Dashwood, an Englishman had not been for the Declaration on colonialism and who has been resident in the Territory for about thirty the efforts of the Committee of Twenty-four to imple years. All five are members of the Cook Islands Party. ment it, the Cook Islands would not be as far advanced The nominations were approved by the Assembly with towards self-government as it was today. He referred out a vote. to a visit which Ambassador F. H. Corner, Permanent Representative of New Zealand to the United Nations, 235. After a recess, the Assembly began considera had made to Rarotonga. He also referred to a state tion of motions listed in a supplementary Order Paper ment made to the Special Committee of Twenty-four, ( see annex IX). at its 244th meeting, by Mr. Corner on his return from 236. It dealt with the second motion, proposing Rarotonga to New Yark. Then he stated: "That the adoption of the Constitution be de ferred until such time that the alternatives to self "In the statement which he made later to the government are fully investigated and explained and United Nations, difficulties were not minimised, nor the wishes of the people determined by referendum." good intentions over-emphasized. It was a most ac curate and down-to-earth assessment of the situation. 237. This motion was introduced by Mr. Pupuke Mr. Corner's attitude whilst here invited our con Robati, Opposition member for Rakahanga, and was fidence, and he received it. His report deserves our seconded by Mr. Tangaroa Tangaroa, Opposition mem gratitude and he has it. Your Excellency (Mr. ber for Penrhyn, who was in the former Assembly Adeel), on behalf of the Government of the Cook and Executive Committee and had responsibility for Islands I have the honour and satisfaction in as public works and education. suring you and your colleagues in this _Delegation. of 238. In a heated debate which lasted about four the United Nations of the same sentiments which hours, the Assembly heard thirteen speeches, eight by we extended to Ivfr. Corner." the members of the Opposition in support of the motion 229. At the invitation of the President, Dr. Tamarua, and five by the members of the Cook Islands Party spokesman for the Cook Islands Party, moved the against it. motion relating to the Standing Orders. It read as 239. In summary, the views expressed by the sup follows: porters of the motion were as follows : "That the Standing Orders be suspended in order The alternatives to self-government referred to in the to allow the Executive Committee to be elected and motion were: independence; federation with other motions debated, and also to restrict the proceedings Polynesian Islands, and integration with New of this first meeting to Constitutional matters only." Zealand. 230. The motion was seconded bv Mr. Estall, spokes- The people of the Cook Islands were having doubts man for the Opposition and was ·approved without a about self-government and about the benefits to be vote. derived from it. New Zealand had looked after the 231. On a motion moved by Dr. Tamarua and Cook Islands for many years, and the people wished seconded by Mr. Dashwood, the Assembly requested the to continue under the administration of that country. Resident Commissioner to "remain in the Chair until They preferred integration with New Zealand to self such time as a Speaker is duly elected". government. The alternatives to self-government Agenda items 23 and 24 29 should be explained to the people with a view to There was some talk of secession. Did it occur to those dispelling these doubts. Following such explanations, who advocated secession that it would be putting the people should be given the chance to make up the Queen under their feet, if they seceded? And their mind in a referendum. who would be their Queen, in any case? It was not correct to suggest that the last election was The attention of the advocates of deferment should be a referendum. It was a confusion of policies, plat drawn to a saying which existed in English as well as forms and personalities, in which only two forms of in Maori: "time and tide waits for no man". To government were discussed: the government of Albert go backwards was not a very good thing. It was Henry and that of Dick Brown. It never was a clear better to go forward. cut case of approval or disapproval of the draft 241. The motion was lost by a vote of 8 in favour constitution. and 12 against. The United Nations Charter recognized the principle 242. Following the vote, Dr. Tamarua, Leader of that the interests of the people were paramount. It Government Business, requested that the Assembly would be folly to go against the Charter. deal with the seventh motion on the supplementary It was the view of some people ,that for too long Order Paper. In its original form that motion read the people of the Cook Islands had borne injustices as follows: heaped upon them by foreigners. Those who held "That this Assembly gratefully reaffirms its ac such a view regarded the proposed constitutional ceptance of the principle of full internal self-govern change as an opportunity for kicking out the Euro ment for the Cook Islands, graciously offered by the peans· so that the Maori people could govern them Government of New Zealand, trusting that the selves, an opportunity which ought to be grabbed. modifications to the draft constitution to be requested The supporters of the motion believed that this would by this Assembly will meet the approval of the be cutting one's nose to spite one's own face. The Government and Parliament of New Zealand." people of the Cook Islands were not yet fully prepared. The President stated that he thought Dr. Tamarua wanted to alter the motion, and invited him to read The motion demanded two simple things: that the the revised version which read: adoption of the constitution be deferred; and that the people should be given the right to make up "That this Assembly gratefully reaffirms the their mind in a referendum. This was the cry of acceptance of the principle of full internal self the people. The member who introduced the motion government for the Cook Islands as embodied in the and those who supported it were acting on the Constitution." instructions of their constituents. If the request of In other words, said Dr. Tamarua, the words "gra the people was not heeded, the people of the Islands ciously offered by the Government of New Zealand" of Rakahanga and Penrhyn would secede, and would be deleted and the words "as embodied in the constitu seek integration with New Zealand. tion" included. At the suggestion of the President, 240. In summary, the views expressed by those the word "draft" was inserted before the word who opposed the motion were as follows: "constitution". It was not correct to suggest that the alternatives to 243. Dealing with the request that the Assembly self-government had not been explained. At the take this motion next, the President said he appreciated invitation of the old Assembly, three constitutional that members might be preparing for the debate in experts visited Rarotonga to do just that. It was the order in which the motions were set ottt on the following such explanations, and upon the recom Order Paper. He would gladly agree to Dr. Tamarua's mendation of the three experts that the old Assembly request provided there were no objections. If any of strongly recommended self-government, first in 1963 the members objected, however, the business of the and again in 1964. In proposing the adoption of the House would have to continue as arranged on the draft constitution with modifications, the Cook Order Paper. Islands Party was merely supporting the decisions of 244. In response to a request by an Opposition the old Assembly. It was difficult to understand why member for further clarification as to what was happen Members of the Old Assembly who had been ing the President said there was a proposal that the returned were now going against their own decisions. As~embly should take the seventh motion. He woul? It was claimed that the people were not given the op agree if all the members were happy to agree, but 1£ portunity to acquaint themselves with the alternatives they felt that they were not prepared for ~ deb~te on to self-government, or to understand the implica the subject, business would have to contmue m the tions of self-government. Those who proposed de order laid down in the Order Paper. ferment of the adoption of the draft constitution 245. Mr. Robati, Opposition member, made a claimed that they were acting on the instructions of protest against the request. Were there any other ob their constituents. jections, the President asked. "Yes", said Mr. Tangat_a Simiona another Opposition member. Then the Pres1- The formation of political parties followed acceptance dent de~lared he felt he must take notice of the objec of self-government by the old Assembly. The Cook tions because everyone must have the opportunity to Islands Party was organized in support of self prepare for the debate, and it was quite likely that government. In its campaign before the vote, the many people had not had the opportunity with respect Party made an election issue of the residential qualifi to that motion. The Assembly, he ruled, would therefore cations prescribed in the draft Constitution, and of its acceptance of self-government. The members of deal with the third motion on the Order Paper. the Party were elected on those two issues, and could 246. The third motion was submitted by Dr. Ta also claim that by going ahead with self-government marua, Leader of Government Business, and read as they were acting on the instructions of their electors. follows: 30 General Assembly-Twentieth Session-Annexes
"That this Assembly recommends to the New would absent themselves from the Assembly. (All eight Zealand Government that section 32 of the Cook Opposition Members then left the Chamber.) Islands Amendment Act 1957 as enacted in section 252. Following their departure, the President stated 61 of the Cook Islands Amendment Act 1964 be that the Standing Orders required that there be a further amended by the deletion of Section 32a ( 1) quorum of fourteen, and that the members who were ( b) and ( c) and inserting the following: still in the Chamber numbered only twelve. He would "Section 32a ( b) (1 )-In the case of a person therefore adjourn the Assembly until there was a bo~n in _the Cook Islands, he has been ordinarily quorum of fourteen. He could wait for a period of five resident m the Cook Islands throughout the period minutes ( as required under the Standing Orders) bw of three months immediately preceding his applica that would simply be a waste of time. He was adjourn tion for enrolment as an elector, or nomination as ing the Assembly until there was a quorum. a candidate." (The walk-out of the eight Opposition Members thus "Section 32a (c) (1)-In the case of a person not provoked a crisis which threatened seriously to born in the Cook Islands, he has been ordinarilv paralyse the meeting. I considered that any assistance resident in the Cook Islands throughout the period which the United Nations Representative could give of one year immediately preceding his application in the search for a compromise would not be out of for enrolment as an elector, or nomination as a place, especially as members of the Opposition as candidate." well as the majority party, and the Resident Com and further- missioner himself requested such assistance. As the result of a comparative study of the relevant legisla "That similar amendments be effected in the tion and the draft constitution, I discovered that Cook Islands Constitution." while under the existing law a quorum of fourteen 247. Under the terms of this motion, the Assembly had been prescribed for the old Legislative Assembly, was being called upon to request the repeal of sections a quorum of only twelve was envisaged for the new of the existing electoral legislation prescribing the Legislative Assembly under the provisions of the controversial three-year residential qualification for draft constitution. The logic was clear. The old candidates and one-year residential qualification for Assembly had a membership of twenty-six, and the electors. The motion would have the Assembly request idea seemed to be to establish a simple majority of modification of the law to provide for a three-month the membership as a quorum. When the membership residential qualification for persons born in the Cook of the Assembly had been reduced to twenty-two, Islands, and a one-year residential qualification for it was obvious that twelve and not fourteen should persons born outside of the Territory seeking enrolment form a quorum. Obviously as the result of an over as electors or nomination as candidates. sight, the necessary modification of the law had not been made, leading to the unfortunate situation in 248. The motion would further have the Assembly which although the twelve Cook Islands Party request the necessary consequential amendment of the members of the Assembly, in the spirit of the law, draft constitution, with respect to this question. could form a quorum, it would not be strictly in 249. Rising on a point of order, Mr. Estall, Opposi compliance with the letter of the law to let them tion spokesman, objected to consideration of the motion. carry on with the business of the Assembly. I drew This provoked a procedural exchange between the the attention of members of both the Majority Party Opposition and the President. The Opposition contended and the Opposition, and of the Resident Commissioner that in view of the motion adopted by the Assembly to this anomaly.) relating to the suspension of the Standing Orders, the 253. When the Assembly reconvened on 12 May, motion was out of order. By adopting the motion relat the third day of the meeting, the eight Opposition ing to the Standing Orders the Assembly had, of its members were back in their seats, making possible the own free will, decided to "restrict" its proceedings at resumption of the business of the House. The President the current meeting to "constitutional matters only". opened the sitting with the announcement that the first They argued that the motion which the Assembly was item on the day's agenda was motion No. 3. Mr. being called upon to consider affected the Cook Islands Geoffrey Henry, Opposition member for Aitutaki, was Amendment Act, 1964, which had no connexion with given the floor and stated that he wished to move an the draft constitution. amendment. He continued: 250. The President pointed out that the Act which "I move that in accordance with the motion for had been referred to was enacted to amend the principal suspension of Standing Orders which this Assembly Cook Islands Act, 1915, to correspond with certain unanimously passed yesterday, motion number 3 on provisions of the draft constitution. The Order Paper Paper No. 1 should read: went out the week before commencement of the meeting. " 'That this Assembly recommends to the New and there was not one person in the country who did Zealand Government that Section 28 ( b) and ( c) not know that the motion in dispute was being put of the Cook Islands Constitution Bill be deleted and forward. He was of the opinion that the Amendment the following substituted: Act was so closely related to the constitution that they almost went hand in hand. The President then ruled " ' "Section 28 (b)-in the case of a person born that the motion be discussed. in the Cook Islands he has been ordinarily resident in the Cook Islands throughout the period of 251. Three Opposition Members, including Mr. three months immediately preceding his application Estall, protested the President's ruling and requested for enrolment as an elector or nomination as a that their protest be placed on record. Then Mr. Estall candidate; declared that, in effective support of their verbal ob jections, they of the Opposition would not participate in " ' "Section 28 (c)-in the case of a person not any discussion dealing with the part of the motion born in the Cook Islands he has been ordinarily relating to the Amendment Act, and in doing so they resident in the Cook Islands for a relative period Agenda items 23 and 24 31 of on~ year immediately preceding his application children. Now was the time to fight for the repeal of for his enrolment as an elector or nomination as stupid laws such as that. They referred to the Presi a candidate".' " dent's ruling that the Amendment Act 1964 and the 254. The President reminded Mr. Henry that the Constitution Bill went hand-in-hand. They stated that substantive motion had been neither moved nor to walk out of the Assembly following that ruling, was seconded, and that Mr. Henry could hardly propose an act of contempt against the President and the entire an amendment to a motion which had not been moved. member:ship of t~e House. If ther~ was a stronger But it was quite clear, the President continued, that person m the Chair, he would have invoked the provi what Mr. Henry wanted was to have the substantive sions of the Standing Orders prescribing for such motion discussed as it affected the Constitution and an offence, suspension from the service of the Assembly. leave out any reference to the Cook Islands Amendment 261. Mr. Henry's motion was rejected by a vote Act, 1964. The President asked Mr. Henry whether of 8 in favour and 12 against. The Assembly then con that would be the correct interpretation of his wish. sidered motion No. 3. In the debate that followed the 255. Mr. Henry stated that it was. The President majority Party members recounted the events rel~ting then suggested that it might be better if Mr. Henry to the controversy of the residential qualifications. They would formulate his motion in words which would state recalled that they had made a pledge during the electoral just that. The point was that he, in his capacity as Presi campaign to request modification of those qualifications dent, could not allow the motion as an amendment to a as a matter of priority. They had brought the motion substantive motion which had not yet been moved. But before the Assembly to redeem that pledge. he would be prepared to accept, as a matter of urgency, 262. The Opposition members said they too were a motion proposing that motion No. 3 be discussed in opposed to the existing residential qualifications. Mr. so far as it affected the Constitution Bill only. Estall then proposed the following amendment : 256. Mr. Henry accepted 'the President's suggestion "That this Assembly recommends to the New with thanks, adding: "My proposal was to the effect Zealand Government that Section 32 a ( 1) b and c, that discussion of motion No. 3 should be concerned of the draft Constitution of the Cook Islands be only with matters pertaining to the Constitution Bill deleted and the following substituted : and I should like to move a motion to that effect". " 'In the case of an elector and candidate that he 257. The President made the following statement: be allowed to vote and to stand as a candidate at "There is a motion before the House, a motion any election in the Cook Islands after having resided that Motion No. 3 be discussed in so far as it affects in the Cook Islands throughout the period of three the Constitution Bill and not in so far as it affects months immediately preceding his application for the Act. The motion in effect means this, that Motion enrolment provided that he has at some period No. 3 be discussed in so far as it affects the Constitu resided continuously in the Cook Islands for not less tion Bill only, but this does not exclude the motion than 12 months.' " being discussed in so far as it affects the Act at a 263. This amendment was in effect requesting modifi later date in this Session. Is that clear? Now, I will cation of the residential qualifications to enable a person accept that this is a matter of urgency and we will who had been residing in the Cook Islands for three discuss it now. Do you wish to speak on it, Hon. months, whether born in the Territory or outside, to Geoffrey Henry?" qualify for enrolment as an elector or for nomination as a candidate, provided that he had at some period .. 258. In the debate that ensued the Opposition resided in the Cook Islands for not less than twelve members reiterated the argument which they had raised months. In formulating it, Mr. Estall referred to the in the objections that led to their walk-out. They draft constitution instead of the relevant Act. At the referred to the circular letter of 5 May ( see annex V) suggestion of the President this mistake was rectified as further proof that the substantive motion was out and the text of the amendment was revised to read of order. It was their view that matters relating to the Constitution Bill should be considered first. If the as follows: majority Party wished to discuss the question of "That this Assembly recommends to the New residential qualifications as it was affected by the Cook Zealand Government that Section 32 a ( 1) ( b) of Islands Amendment Act, 1964, the Assembly could the Cook Islands Amendment Act, 1957, as amended deal with that later. by the Cook Islands Amendment Act, 1964, be deleted and the following substituted: 'In the case 259. The majority Party members contended that of an elector or candidate, he be allowed to vote and Mr. Henry's motion was no more than an attempt -. to stand as a candidate at any election in the Cook to delay action on the question of residential qualifica Islands after having resided in the Cook Islands for tions. The reasons why the party brought motion No. 3 three months immediately preceding his application before the House were known to practically everyone for enrolment, provided that he has for some period in the Territory as well as to the Government of New resided in the Cook Islands for not less than twelve Zealand. One of the party members in the Assembly, Mrs. Marguerite Story, a sister of Mr. Albert Henry, months.'" was only a substitute. They were seeking amendment 264. The amendment was adopted unanimously. The of the residential qualifications so as to enable Mr. Assembly then proceeded with a vote OJ: the substantive Henry, the party leader, to _become a member of the motion as amended. That too was unanimously adopted. Assembly through a by-election. 265. The President then stated that the fourth 260. The law providing for the controversial resi motion on the supplementary Order Paper had come dential qualifications, the majority Party members con up much earlier than he had expected. The President tended further, was enacted for only one person, Mr. was referring to a motion requesting amendment of Henrv. But the law, like a bomb, would affect everyone the existing electoral laws relating to the time-li1:11it once "it burst. They wanted it amended in order that within which a by-election could be held follow'.ng it should not hurt their children and their children's a vacancy in the Legislative Assembly. The mot10n ' 32 General Assembly-Twentieth Session-Annexes would have the Assembly request that the delay be effect, requesting the amendment of the law for the reduced from sixty-five to fourteen days. The President benefit of one person. They were opposed to legislation informed the Assembly that in a telegram he had which discriminated against people. They were also received from New Zealand, the Minister for Island opposed to legislation enacted to benefit just one person. Territories had suggested that a delay of thirty days 273. Debate on the motion had not closed when might be more practical than fourteen days. He wished the day's sitting ended. At that point, I informed the to communicate the contents of the telegram to the President that I had decided to postpone my departure, members and would therefore prefer consideration of scheduled for 14 May, for another week in order to that motion to be postponed until the day after. He observe the rest of the meeting. Mr. Raui Pokoati, a would therefore suggest that the Assembly move on member of the majority Party, had urged previously in to the fifth motion on the supplementary Order Paper. a speech in the debate that the United Nations Mission 266. ::\:Iotion No. 5 submitted by Dr. Tamarua, should not depart before the Assembly had concluded Leader of Government Business, was then formally its first meeting. My announcement received a big moved. It read as follows: ovation by the entire membership of the Assembly. "That this Assembly recommends to the New 274. On the ·resumption of the debate on 14 May, Zealand Government that Article 13 of the proposed the Opposition submitted an amendment to the original Cook Islands Constitution be amended as follows: motion which was accepted by the majority Party. "Article 13 ( 1) The motion, as revised, read as follows : "The words 'and four other Ministers' be deleted "That this Assembly recommends that if the New and the following substituted: 'and five other Zealand Government accepts the recommendation Ministers'." concerning electoral qualifications the Cook Islands 267. Although e.."' 312. In a short speech introducing it, Mr. Strickland, how excellent the suggestions of the Opposition were, Acting Leader of Government Business, said the they had been turned down simply because they were motion ,vas self-explanatory. In 1963 the last Assembly not members of the Cook Islands Party. They felt accepted internal self-government as the most suitable that Islands which had not returned Cook Islands form of government for the Cook Islands. In a formal Party candidates would be victimized. decision the old Assembly reaffirmed its acceptance of 318. The Cook Islands Party claimed that the im self-government. The object of the motion was to plications of full internal self-government had been fully reaffirm the Assembly's decisions for the last two years explained. They would agree with that claim, but were regarding the question. now awaiting full explanation of the alternatives to 313. Following secondment of the motion by Mr. self-government. Only then could the people judge Dashwood, majority Party member, Mr. Tangaroa, which of the four forms of government was best for Opposition member, and a member of the former As them. Some people might claim that training for self sembly which endorsed self-government, made a state government began with the introduction of the first ment. He did not wish the decision of past Assemblies Legislative Assembly in 1958. Rome was not built in reaffirmed. He had told the House what his people one day, or in seven years. in Penrhyn wanted. He had been re-elected unopposed 319. The association of the Cook Islands with New on one condition. The people of Penrhyn said he had Zealand was something that the people guarded pre brought them into this business of self-government. ciously. When self-government was offered one of the Thev would re-elect him so that he could take them conditions requested by the people was that association out ·of it again. He had walked out at an early stage with New Zealand should never be severed. This asso of the meeting, because he did not wish to be associated ciation would be in jeopardy if the country achieved full with any discussion on self-government. internal government under the Cook Islands Party Gov 314. Upon walking out, he and Mr. Pupuke Robati, ernment. They were worried that the powers conferred Opposition member for Rakahanga, had sent to the on the Cook Islands Legislative Assembly under the Government of New Zealand, a telegram which read draft constitution constituted a complete and unrestricted as follows: legislative and executive authority, comparable to the "The people of Penrhyn and Rakahanga whom we power conferred upon the New Zealand General As represent, have requested that we hum?ly place sembly and Government by the New Zealand Constitu their desire before you. They hope you will give a tion of 1927. The Cook Islands Legislative Assembly favourable consideration to their appeal. They was a unicameral legislature, where, with a simple strongly oppose internal self-government. They prefer majority, a party could pursue legislative policy of the integration with New Zealand." most far-reaching type. For instance, under Section 64 of the Constitution, the party could take complete con 315. He stated that this was what his people wanted. trol of the public service. Civil Servants had already Would members of the Assembly gladly see Penrhyn been warned to keep their mouths shut. The time might and Rakahanga excluded from the Cook Islands? He well come when it would be an offence to campaign was acting on the instructions of his constituents. If against the party. They were often referred to as the anybody challenged this,_ he woul? be quite '"'.illing to minority, but, from a computation of the election re resign in order to have it teste~ m a ~y-elect10n. 1:'he sults and judged against the percentage of votes which views which he had been expressmg durmg the meetmg the Opposition members polled, their voice was the were not his own thoughts. He would urge the United voice of SO per cent of the people of the Cook Islands. Nations Mission to take note of the wishes of the 320. The views expressed by the members of the people of Penrhyn. majority Party were as follows: 316. Mr. Robati, Opposition member for Rakahanga, The Opposition's tactics had become confusing, they confirmed that he and Mr. Tangaroa had cabled an moved from self-government through integration to appeal to the Government of New Zealan:1. He proposed what now appeared to be secession. Some of the that the motion be amended by removmg the words matters raised by the Opposition certainly did not "this Assembly" and replacing them with the words reflect the views of their constituents. If the people "the Cook Islands Party". In their cable, he and Mr. of Penrhyn and Rakahanga were so ignorant of what Tangaroa had informed the New Zealand Government was involved in self-government, what were the mem that the people whom they represented did not want bers of the old Assembly for the two islands doing self-government. The object of his amendment was_ to for the past year. make it clear they were not a party _to the adopti~n It was strange that some of the members of the old of the motion. The amendment mot10n was lost m Assembly should change their views overnight on the a voice vote. winds of political opportunism. Democracy meant 317. In the debate on the substantive motion, the that the majority made the decisions. After the four Opposition members reiterated the v_iews ~hich they forms of government had been fully explained, the had expressed during the debate on their mot10n J?rDJ?OS majority preferred internal self-government. The ing deferment of the adoption of the draft constitut10n, Cook Islands Party, which stood for internal self and made new points. government, had had fourteen of its_ members re When those of them who were members of the old turned, the Opposition had had only eight. That was Assembly had accepted the ideas of self-government, democracy, and one could not expect thousands and they never dreamt that party government would come thousands of people who voted for Cook Islands to the Cook Islands. They believed that the country Party candidates to wait. would continue under the non-party system of gov The system under which the Cook Islands were ernment. During the course of the meeting, discus governed, was comparable to :1- horse and the rider sions had taken place and decisions had been reached. and a person sitting on the tail of the horse. Under No matter how sound the views of the Opposition the present system, the Governm_en! could be lik~ned were, they had been invariably rejected. No matter to the horse, the Resident Comm1ss10ner to the rider, Agenda items 23 and 24 37 and the people's representatives to the person sitting "I have no right to speak or participate in the de on the tail of the horse. Whenever the horse kicked, bate. But since the United Nations is committed in the person sitting on the tail of the horse would fall. the sense that it had accepted the supervisory role New Zealand was offering the people of the Cook requested of it by New Zealand, it would do no harm Islands the chance to sit on the horse. Like a good if I read out of a public document. There is nothing parent, New Zealand was offering to provide the secret about the document in question. The Govern saddle, stirrups and bridles. New Zealand had gone ment of New Zealand, on 2 February 1965, sent a further, and offered to be around to help put the letter to the Secretary-General to be issued as a people back on the horse if they were to fall off it. public document of the United Nations. I quote from There was a situation in the neighbouring Island of that letter: Tahiti, where the money was controlled by the " 'The draft Constitution which embodies the Chinese, the Government by the French and the land wishes expressed by the present Legislative As by the Tahitians. The ideal situation would be for sembly of the Cook Islands, is an experiment in the people of Tahiti to control the money and the self-determination for small island territories which Government, as well as the land. The Cook Islands is unique. It provides for free association: full in did not want to fall into the same trap as Tahiti. ternal government coupled with a voluntary asso Since the country was a democratic country, if the ciation with New Zealand. When the newly-elected people who were elected to sit on the horse's back Parliament meets, its first business will be to de were unable to run the country, they could be thrown cide the fate of the Constitution: it can adopt the out and others could be elected to take their place. Constitution as drafted or it can reject it and work Those who were afraid and were threatening seces out some other status for the territory. If it adopts sion were not to worry. Fear was defeatist. the present draft Constitution the Cook Islanders' The claim that the Opposition represented 50 per cent right of continuing self-determination will remain of the people was wrong. It was also wrong that the unimpaired. After the Constitution comes into Government would interfere with the Public Service. force, they will have sole control of their future, It was the wish of the members of the Public Service with the right to change their status as they wish. themselves that it should come under the Premier. They will have complete legislative autonomy. Once It was a travesty of the truth to suggest that the in force, the Constitution will pass beyond the con Cook Islands Party would discriminate against people trol of the New Zealand Parliament : from then on who did not vote for it during the elections, since it can be amended only by or at the instance of the the Party was the people's party. Cook Islands Legislative Assembly' [A/58801 321. The debate had started on 18 May and con meaning this Assembly. tinued until 19 May. "As I said, I quoted from the letter of the Govern 322. Before the House. was an amendment which ment of New Zealand, which was published at the would have the Government of New Zealand give an request ·of the Government of New Zealand as a assurance that the Assembly could, at any time in the United Nations official document." future, choose another form of Government. Submitted 326. Mr. Strickland, Acting Leader of Government by a member of the Opposition, this amendment was Business, pointed out that Mr. Estall's motion merely withdrawn at the request of Mr. Estall, Opposition endorsed Article 41 of the draft Constitution. For that spokesman. Instead, Mr. Estall proposed the following reason, he supported the motion. motion: 327. The two motions were approved unanimously.11 "That the Assembly reaffirms New Zealand's solemn commitment to the international community, Observations namely the United Nations Organization, that the 328. My terms of reference required, in addition to continuing right of the people of the Cook Islands supervision of the elections of 20 April 1965: that I ob to frame their future political status will remain un serve and include in my report my observat10ns on the impaired." proceedings concerning the draft constitution in the 323. On the initiative of the Opposition, both sides newly elected Legislative Assembly. Neither the Gen of the House reached an understanding. Under it, the eral Assembly in resolution 2005 (XI:X) _of 18 Feb majority Party agreed to support Mr. Es~ail's motion ruary 1965, nor the Secretary-Genera~ m his l~tter. ap in exchange for an assurance by the Oppos1t10n to sup pointing me, deemed it necessary to give any dire~tions port the majority Party's motion on reaffirmation of as to the criteria by which I should be governed m the the acceptance of full internal self-government. discharge of this responsibility. My first concern, there 324. Mr. Estall said his motion merely sought the fore, was to determine the guidelines which would re reaffirmation of the definite commitment made by New spond, in the most satisfactory manner,. to the letter and Zealand to the United Nations, regarding the continued spirit of my terms of reference. In this reg~rd, I was right of the people of the C " ( 5) The Resident Commissioner or member pre But the ~onsiderations which compelled me to concern siding over any meeting of the Assembly shall not myself with them are, in my opinion, unassailable. have a deliberative vote, but, in case of an equality 352. As the Resident Commissioner recognized, the of votes, he shall have a casting vote. ?£fer of the C~~ir to him "until such time as a Speaker " ( 6) No business shall be transacted at any meet is duly elected was a gesture on the part of the Cook ing of the Assembly if the number of members present Islands Party. I. am second to none in recognizing the is less than fourteen. gre~t bene~t which the new Assembly, in the conduct "(7) Subject to the provisions of the principal of its busmess, derived from the Resident Commis Act and its amendments (including this Act) the sioner's experie'.1~e and knowledge of parliamentary Legislative Assembly may from time to time i'nake procedure. Provision had, however, been made in the Standing Orders for the regulation and orderly con draft constitution establishing an Office of the Speaker duct of its proceedings and the despatch of business." to be filled by a person of the Assembly's own choice. 345. Notwithstanding the provisions of the Amend- The necessary consequential amendment of the law ment Act of 1957, the new Assembly can elect a person should have been effected under the 1964 Amendment other than the Resident Commissioner as Speaker under Act. a practice which was established last year, reportedly 353. The omission relating to the question of a on the initiative of \Vellington. Under it, the Resident quorum provoked a crisis to which reference has al Commissioner was to absent himself as often as possible ready been made in the summary of debates. In the from sittings of the Assembly to enable a person of the dramatic situation which developed, the business of the Assembly's choice to act as Speaker. As~e~bly was pretty close to complete paralysis. The maJonty Party was shaken. The Resident Commis 346. The Cook Islands Amendment Act, 1964, as sioner, both as President of the Assembly and head of a transitional measure, suffered from a series of lacunae the Administration, was embarrassed. in some respects, including its provisions concerning the new Legislative Assembly. 354. \Vhen the eight Opposition members returned to their seats, it was not without a chip on their 347. The question of a Speaker was a case in point. shoulders. By walking out, they proclaimed proudly, The new Assembly was different from its predecessors they exercised a right to which they were entitled. in the very material sense that it was destined to make Mr. Geoffrey Henry, Opposition member who spoke historic decisions regarding the Territory's future for the Opposition on the matter, stated further: political status. Instead of leaving it to the practice "I want to make it known now to Members of this which was established last year, it may have been better Assembly, to the people of Rarotonga who may have to make specific provision in the Amendment Act of received some twisted information, and to all the 1964 for the election of a speaker. people in the Cook Islands who may be curious for 348. Even more glaring was the omission relating further information, that we could have stayed out to decisions of the Assembly. Under the terms of the for a much longer period. This Assembly cannot 1957 Amendment Act, every question "shall be decided conduct any business without a quorum. We know by a simple majority of the members present". Since this full well. Yesterday the President came and this procedure had not been altered, it applied to reasoned with us, and I am sure he will agree that decisions of the new Assembly. In fact, the proposals he found us quite reasonable." for changes in the draft constitution which were con 355. If the crisis had not been resolved it would sidered by it, became formal decisions upon receiving have inevitably led to the invidious situation in which a simple majority vote. the minority would have crippled the Assembly with 349. I was unable to find a tangible justification for impunity, and the majority, contrary to all established the fact that the 1964 Amendment Act did not provide parliamentary procedure, would have been held at for a special procedure for decisions by the new ransom. Assembly relating to the draft constitution, particularly 356. In determining the extent to which the Cook as a stiffer prncedure had been envisaged for the modi Islands Party could have used its majority to ensure fication and the repeal of the draft constitution itself the prevalence of its will, there is another factor that once it becomes law ( article 41 ( 1) ) . ought to be borne in mind. All but two of the Party's 350. Finally there was the crucial omission con members had had no experience in parliamentary pro cerning the quorum of the Assembly. \Vhen under the cedure. This applied to a lesser degree to the Opposi provisions of the draft constitution, the membership of tion. One gathered the impression that the circum the Assembly was reduced from 26 to 22, a conse stances in which the new Assembly was elected, had quential change in the provisions of the law regarding a inspired in the people's elected representatives a resolve quorum became imperative. The logic behind the quorum to make decisions independently of the "guiding in prescribed under the 1957 Amendment Act was ob fluence" of the omniscient omnipotent New Zealand vious. It was clearly intended that at least 50 per cent officials. This view applied in equal measure to the of the members should form a quorum, and fourteen members of the majority Party as to the Opposition, was the nearest number to 50 per cent of twenty-six. and was borne out by the frequency with which both If this logic were applied to the new Assembly, and approached me for counsel, often after they had had it is difficult to see how it could be otherwise, only the benefit of the advice of the Resident Commissioner. twelve should form a quorum in the new Assembly. It would be, in my considered opinion, disregarding This becomes particularly obvious when it is realized the limitations of human nature to expect a complete that the draft constitution itself, by its article 34, break, overnight, from the effect of such "guiding in prescribed a quorum of only twelve. -f!uence" which, it must be admitted, had salutary as well as insalutary elements. 351. These are matters which, within a restrictive interpretation of my terms of reference, would perhaps 357. Whatever the quarter from which the idea be regarded by some as falling beyond my competence. originated, it is noteworthy that the Cook Islands Party Agenda items 23 and 24 41 ~xt~r.tded t? the Resident Commissioner the gesture of electe_d as a member by the electors of the European mv1tmg him to occupy the Chair for the meeting constituency or of any Native constituency unless although it c?uld have chose~ someone else for the post'. " (a) He is an elector duly registered under Part The Par!y, 1t must be admitted, suffered some initial V hereof; and reverses m_ cons~quence of the procedure which the new Assen_ibly mhented from the law and from the practice " ( b) He has resided in any part of the Cook established by past sessions of the Legislative As Island~ for n~t less than three years immediately sembly. But in so far as the end results were con precedmg nommation day. cerned, it would be reasonable to conclude that the . "(2) Subject to the provisions of these regula Cook Islands Party, as the majority Party in the As tions- sembly, was able to ensure that its will prevailed. In " ( ~) Every registered elector of the European ~qual mea~ure, _the Opposition was effective in getting constituency shall. be capable of being elected as a its suggestions mcorporated in the decisions of the As mem?er for that constituency or for any Native s~mbly, and, wherever it failed, in ensuring that its constituency. views were placed on record. _"(b) Every registered elector of any Native con Residential qualifications stituency shall be capable .of being elected as a mem 358. The qualifications prescribed under the existing ber f?r that constituency or for any other Native electoral legislation for electors and members of the constituency or for the European constituency." Le1sislative Assembly included for the former a one-year 361. Once it was realized that bona fide Cook unmterrupted residence in the Cook Islands and for Islanders were_ equally affected by the law, a request the latter a three-year continuous residence in the coun was made for its repeal. This request developed into a t:~- This_ rrovis\on of the law provoked a serious po political campaign, spear-headed by Mr. Albert Henry, hti~al cns1s which had hung fire since 1963 and of Leader of the Cook Islands Party, living at the time in which the repercussions were not confined to the Cook New Zealand. Mr. Henry pursued a vigorous political Islands and its Legislature but were also felt in New action canvassing for the support of the Cook Islanders Zealan~ where_ it was the subject of many an animated :esident i:1- New Zealand as well as in the Territory deba~e m Parliament and of extensive vigorous cover 1t~elf. This touched off a counter-action led by Mr. age m the Pre~s. As indeed the electoral campaign Dick Brown, Leader of the majority group in the old and the debate m the new Assembly had shown, this, Assembly. Mr. Brown and his supporters in the old even more than the public feeling was universal deep- Assembly not only favoured maintenance of the three seated and at times inflamed. ' year residential qualifications for candidates, but also advocated a one-year residential qualification for elec 3~9. The n~w Assembly unanimously adopted a tors. Thus began the controversy in which the Gov motion requestmg amendment of the law to enable a ernment of New Zealand became the unfortunate third person who had been residing in the Cook Islands for party. an uninterrupted period of three months whether born in the Territory or outside, to qualify fa'r enrolment as 362. Matters first came to a head in 1963 during an elector or nomination as a candidate, provided that consideration by the old Assembly of the recommenda he or she had at some period resided in the Cook t~o~s of the constitutional experts who had been as Islands for not less than twelve months. Initiated by s1stmg the Assembly in the formulation of the draft the Cook Islands Party in fulfilment of an election Constitution. The old Assembly first endorsed the pledge, the motion in its final form was the result of report of the experts, including a recommendation that a Joint effort by the Party and the Opposition. Although the residential qualifications for both electors and can with t~e adoption of this motion the stage was set for didates be reduced to three months in the case of a solutwn of the question, it would go down in history persons born in the Cook Islands and resident there ~s one of the most significant issues in the political for three months immediately preceding an election, hfe_ of the peopl~. I felt therefore that this report would and to twelve months in the case of persons not born be mcomplete without an exhaustive study of its origins in the Territory. In a subsequent decision, however, the Assembly requested maintenance of the three-year and of the role of the parties, including the New Zealand Government, in the controversy which it qualification for candidates and the establishment of a provoked. one-year qualification for electors. 363. The question was raised again in the Assembly 360. Residential qualifications were first introduced under the provisions of the Cook Islands Legislative in September 1964, during detailed consideration of Assembly Regulations 1958, promulgated by the New the draft Constitution. A petition, signed by 2,280 Zealand Government in exercise of powers conferred people requesting the elimination of the three-year upon it by the Cook Islands Amendment Act, 1957. qualification for candidates and presented to the As This required a residential qualification of three years sembly by one of the advocates of the repeal of the law, for members of the Legislative Assembly. The purpose, provoked a debate in which parties to the dispute I gathered, was to prevent non-Cook Islanders, in enunciated their attitudes and a representative of the cluding New Zealand Europeans, from taking an effec New Zealand Government made a statement setting tive part in the Territory's political affairs, and, in forth the views of his Government. particular, from qualifying for membership of the 364. The following are excerpts from the speeches Legislative Assembly until they had been in residence in of those who were against the revocation of the law: the country for at least three years. No residential "Why is it that people who have left us in the qualifications were prescribed for electors. The relevant mud now come crawling back ,to us and say, 'Gentle section of the regulations reads as follows: men, you are wrong in running your country'. Why "Additional qualification of members elected by didn't they have the guts to stay here and work for European or Native constituencies- the good of the people? ..." " ( 1) Without limiting the provisions of regula "I know that many people feel that the so-called tion 8 hereof, no person shall be capable of being Albert Henry is a widely experienced man because 42 General Assembly-Twentieth Session-Annexes he has been for so many years in New Zealand. the Government of New Zealand. In the debate in the \Vhile there he gained quite a bit of experience of Assembly preceding the dispatch of the delegation a political matters, and is very outstanding. To that I member of the Group, Mr. Pokino Aberahama, had the have no objection, but I feel that when a person like following to say: this has gone away from his own land, to me, he "The Hon. Mr. Dashwood mentioned in moving looks like someone as is told in the story written in his amendment, that this three year period is causing the Bible, about a Jew who went past his neighbour concern to the Government of New Zealand. I do not who was robbed on the highway. There he was lying know why it would cause concern, unless it is because on the ground, wounded and robbed of all his there is interference or some objection being raised jewellery, and this Jew never bothered to help his by a person who is entirely outside of this Assembly. neighbour. Is it not true that the New Zealand Government "There was mention, Mr. Chairman, of the seed would abide with the resolution made in the delibera of the Cook Islands. I admit that he is a seed of the tions of the Assembly of the Cook Islands? Three Cook Islands but I cannot see any faithfulness in years residence qualification is the wish of the people, that seed, in spite of all the experience and the so the New Zealand Government will be awaiting wide knowledge he has gained in many years he has what is the final decision from this Assembly. And been in New Zealand."12 what the Assembly resolved is the wish of the people 365. The following are excerpts from the speeches of the Cook Islands."14 of the advocates of the repeal of the law: 369. The administering Power found itself in a "\Vhat grounds have we for maintaining this three situation in which it believed it had only two alterna years residential qualification for candidates. The tives. It was confronted with what was being canvassed Cook Islander going to New Zealand is only required as the formal request of the Cook Islands Legislative to reside there for one year before he can become a Assembly and "the wish of the people of the Cook candidate for Parliament, whereas we say that he Islands". It could say it knew better, could have rejected must reside in his own homeland for three vears this request, and, in that case, would have made itself before he can stand for election . . . · open to the criticism that it had behaved like a pompous "I venture to say, Sir, that had it not been for colonial power in the patronizing fashion typical of one person, and one person alone, we should never colonial powers. Or else it could take the view that if have been greatly concerned whether this clause had this was indeed the advice of the people's own elected been for 30 days or for 300 years. vVe were more representatives, it had no choice but to comply with it. concerned with the threat perhaps to some of our 370. The Government of New Zealand took the own seats than in the return of certain people from latter course of action. Provision was made for a three New Zealand who wished to devote themselves to year residential qualification for candidates and a one the welfare of their fellow Cook Islanders. The year residential qualification for electors, not only in person I have in mind, and to whom I have just the draft constitution but also in the Cook Islands referred, is Mr. Albert Henry. That, Sir, I think, Amendment Act, 1964. In the debate in the New has placed the hall firmly in the centre of the field, Zealand Parliament on the draft Constitution, J. R. and I propose we kick it off from there."13 Hanan, Minister of Island Territories, defended the Government's decision. Some representations had been 366. I felt there was hardly any need to go beyond made regarding the residential qualifications, he said. these excerpts in determining the considerations which He continued : led the members of the old Assembly, some to demand modification of the residential qualifications and others "The provision has been part of the law of the Cook Islands since 1958, and at leas,t some part of to request even stiffer provisions. The advocates of the reason for it was the desire of the then Govern change forced the issue to a formal vote by introducing ment that persons should be excluded from candida a motion embodying their proposals. The motion was ture who were mere political opportunists willing to defeated by 16 votes to 3. stay and work in the group only if their bid for 367. Subsequently, the majority group in the As election was successful. It seems that it was for sembly sent to New Zealand a four-man delegation, similar reasons that the present Assembly decided consisting solely of its supporters in the Assembly and to continue this apparently controversial requirement, led by Mr. Dick Brown, then Leader of Government even though it could be a hardship in some bona Business. The delegation was accompanied by Mr. fide cases. The Government takes the view that this 0. A. Dare, the Resident Commissioner. With only a is a domestic question, and although in the Bill as few weeks to go before the draft constitution and the we introduced it originally in the House we provided Amendment Act of 1964, providing the necessary transi for one year in this case, the Governmen! i_s inclined tional measures went through the New Zealand Parlia to the view that we should accept the opm10n of the ment, oppositi~n to maintenance _of stiff r~sidential elected representatives of the present Assembly."15 qualifications had built up to :1- pomt wher:e 1t looked 371. The Minister's defence did not satisfy his critics as if the advocates of change might have the11; way. ~he in Parliament. The Leader of the Opposition, Mr. A. purpose of the delegation was to placate thi_s growmg H. Nordmeyer, said whatever the j1;1stification w_as for concern in New Zealand. They were received by a the three-year qualification for candidates when it .~as Select Committee of the New Zealand Parliament, and, introduced in 1958 he felt strongly that the position in a hearinrrb> argued their case for the maintenance of was no longer the ;ame and that i~ wo?ld be ':'ise !or stiff residential qualifications. Parliament to give a one-year residential quahficat10n 368. Already the majority group in. the o!d. Cook either for an elector or for a candidate for the Assembly. Islands Legislative Assembly was gettmg cntical 0£ He went on: 12 See Proceedings of the Cook Islands Legislative Assembly, 14 Ibid 0 15 See New Zealand Parliamentary Debates (Hansard), No. vol. VII, pp. 294-438. JS Ibid. 23, October 1964, p. 2832. Agenda items 23 and 24 43 "I believe that would be much more democratic further reinforcement in the fact that comparable laws than the present proposal, but I am bound to say in New Zealand itself prescribe a three-month residence that the Assembly itself-the present limited As for electors and a one-year residence for candidates. sembly in the Cook Islands-have a vote on this 376. In dealing with this matter, nothing was further question, and I think by 16 votes to three-I am from my mind than any attempt, wittingly or unwit quoting from memory, but I think the figures are tingly, to question the wisdom of the Cook Islands correct-with three abstentions, decided that the Legislative Assembly for tendering its advice, or of three-year qualification should apply so far as can the good intentions of the administering Power in didates were concerned. Vv e had a good deal of accepting such advice. But one of the internationally evidence on this matter, and no doubt it will be an accepted principles of legislation which I could not issue at the coming election in the Cook Islands; help bearing in mind, was the one regarding discrimina but I must say before I sit clown that in my view tory legislation. It was obvious that the Government the House would be wise to give consideration to was privy, at the time it received such advice, to the this question and, I hope, come to the conclusion object of the legislation it was being called upon to that if a person can qualify to go on the electoral enact. The object was to disfranchise Cook Island roll or to be elected as a candidate 12 months after citizens living in New Zealand, and to prevent them his arrival here, then the same principle should apply from participating in the elections either as electors or so far as the Cook Islands are concerned."16 candidates. Indeed, it was suggested that this par 372. Other speeches, critical of the Government's ticular act of legislation was aimed at one man, Mr. decision, were made during the debate. The Prime Albert Henry, the Cook Islander born and brought Minister, Mr. Holyoake, intervening, in the debate, up in the Territory, who had lived in New Zealand referred to the question. Article 24 of the draft constitu for about twenty years. His purpose in going to New tion relating to electoral rights and residential qualifica Zealand, according to my information, was to give tions was asked for by the Cook Islands Legislative his children a modern education, a thing he could not Assembly, he pointed out. Then he declared: afford to do in the Territory because of some business "I am not going to express an opinion on those misfortunes that had financially-and in some eyes matters, because I do not want to lend myself to morally-left him in strained circumstances. something which will be battled out in the Cook 377. Like many Cook Islanders resident in New Islands, and which is the business of the islandel\S. Zealand, Mr. Henry maintained his Jinks with his They have had two elections. Residential qualifica family in particular and with the people of the Cook tions are set out in regulations passed by the Labour Islands in general. Back in his homeland in March Government in 1958, I presume at the request of the 1964, he conceived of and organized the Cook Islands Cook Islanders, and they ask that elections should Par,ty, the Territory's first political party in the modern continue under the same regulations. They can amend sense of the word. But while he was barred from them, if they want to, in the next Parliament, but running as candidate, his party won a majority of the they do not want any amendment before the next seats in the new Legislature ( fourteen out of twenty election. In the islands there is an 18-year-old two ). His sister, Mrs. M. Story, was elec_ted wit~. an franchise. I do not agree with that, but perhaps the impressive vote. His strength as the leadmg political honourable member does. Whatever the Cook Is force was so clear that he was accorded recognition as landers do is entirely over to them."17 the spokesman of his people immediately following the 373. Still the critics of the Government were far results of the elections. Radio Rarotonga, the broad from satisfied. They forced the matter to a vote in a casting system owned and operated by the Admi?is:tra formal motion proposing amendment of the draft consti tion, was placed at his disposal and further negotiations tution to provide for a twelve-month residential qualifi by the administering Power both in Rarotonga ~nd cation for electors and candidates. The motion was in Wellington during the weeks following the election defeated by the narrow majority of four, 35 voting results were conducted with him. against and 31 voting in favour. 378. In retrospect, the enactment of legislation con 374. That was how the three-year residential quali cerning residential qualifications can best b~ referr~d to as an ironic episode which was n~t ;v1tho1:t _its fication for candidates was maintained and a new redeeming features. Mr. Henry, the prmc1pal v1ct1m, twelve-month residential qualification for electors was emerged not only as uncontestable_ victor, but as a established by an Act of the New Zealand Parliament. man imbued with a spirit of cool realism. In a statem~nt And I could not help aligning myself with the Govern to the Press following the elections, he declared with ment's critics in Parliament and the Press in New outstanding magnanimity: "Let us forget about yester Zealand itself, who felt that there was possibly a third course of action open to the administering Power. day. Let ~s from now on move into the future." The next day he assured me that this was the philosophy 375. It would appear that the claim that Parliament which would dominate his party's future policies. Then acted on the advice of the Cook Islands Legislative in a second radio talk, he said, inter alia: Assembly, does not entirely absolve it of its duty to "In my first speech through the Radio Cook pay due regard t? certai? in~ern~tionally accepted prin Islands I spoke as a Cook Islands Party membe~ to ciples of legislation. This view 1s. str~ngthe~ed by t_he the Cook Islands Partv of all Islands. I was surpnsed fact that it was known that the leg1slat10n which Parlia to hear that I had neglected the Islands which hadn't ment was being called upon to enact would result in joined in supporting me ... the disfranchisement of about 3,000 bona fide Cook Island citizens living in New Zealand who were eligible "Some Members of this new Government shall, in electors and represented over 30 per ce~t of_ the reg future visit various Islands to see if there is any istered voters in the Cook Islands. This view finds place ~vhich lacks development, which then will be provided for, Party or not Party. This is our inten tion, the Party's better living for all Maoris in the 16 Jbid. 11 Ibid., p. 2844. Islands. Every part shall be equally provided for. 44 General Assembly-Twentieth Session-Annexes May the spirit of God console the hearts of those signed under the draft constitution the most important, who doubt and are down-hearted. May He also in so far: as ithe question of the granting of independence open all our eyes to new lights. So, all that, the to colomal peoples is concerned, are the Legislative As Cook Islands Party is proposing to do for every sembly and the Cabinet. The Legislative Assembly, one; may it be aided bv Iehova to fast fulfilment and est~blis?ed in 19~8, becomes a fully elected body with to let the people lmO\; the modern kind of living." leg1slat1ve authority. The Cabinet, different in many 379. I repeat it is not my intention to question the respects from its forerunner, the Executive Committee, :visdo1:1 _of the. old Cook Islands Legislative Assembly ~as been assigned the authority for the general direc m adv1smg mamtenance of the controversial residential tion and control of executive government with collec qualifications or that of the Government of New Zealand tive responsibility to the . Legislative Assembly. in complying with the Assembly's advice. I have 382. Superimposed on these two institutions are the nothing but the deepest respect for the reasons which office of tl;1e Head of State, the High Commissioner, inspired such advice, and recognize without reserva the Council of State and the Executive Council. The tion the good faith of the administering Power in intenti?n was obviously to bolster up the new experi acting upon it. It is therefore without malice that I ment 111 responsible government with the checks and record for. the benefit of the Special Committee and balances which are so vital to stability. However, the the General Assembly, my findings on a matter which nature of some of the new institutions and the functions was without doubt the most controversial issue in the assigned to them have caused some concern, much of elections. I am convinced that, in an operation involving which was in evidence during the debate in the new the exercise of the freedom of the right of self-deter Assembly. By a unanimous vote, for instance, the mination by a people, legislation which is capable of Assembly requested that the proposed Council of State barring as much as 30 per cent of the people concerned be replaced by a House of Arikis, and that the functions from participating in the elections either as electors of the Council of State be assigned to the High Com or candidates, is not without some significance. Be missioner, a matter to which reference is made in cause of the historic significance of the occasion, a more greater detail later in this section of the report. tolerant, liberal and accommodating attitude on the 383. By this decision, the Assembly had given even part of all concerned would have been more than amply greater power to an Office whose authority, under the justified. The Cook Islands as a national unit were provisions of the draft constitution, already appeared on the threshold of self-determination. Every Cook to be incompatible with some of the prerequisites of Islander with a genuine and umnistakable anchorage in effective full internal self-government. The idea of an that land should have been afforded an opportunity-as office of the High Commissioner, the Council of State far as internationally recognized precepts of legislation and an Executive Council ,originated during considera on the subject permitted-of expressing himself on the tion by the Cook Islands Legislative Assembly in future of that land. 1963 and 1964 of the proposals for constitutional 380. In this view, I found an able ally in the Hon. reforms. Martin Rata, member of the New Zealand Parliament 384. The old Assembly, in its 44-point resolution for Northern Maori who is a Maori. During considera (see annex IV), clearly expressed the wish that Her tion of the draft constitution in the New Zealand Parlia Majesty the Queen should remain Head of State. ment, he had this to say: What remained to be determined was ,the question as to the status and functions of the person who should "I am afraid that elections in the Cook Islands be the Queen's representative and the procedure for will be based on an article which should never have his appointment. The Constitutional Advisors invited been in the Constitution in the first place, article the old Assembly to consider various possibilities, in 24, which has already been referred to by the mem cluding the nomination of such a representative by ber for Avon. I believe that in the Bill we should the elected Government of the Cook Islands for elec have adhered to a residential period of twelve months, tion either by the Cook Islands Legislative Assembly as supported by the present Minister of Island Ter or the people. The experts even suggested that it might ritories. If the Cook Islands people had wanted to be possible to work out an arrangement under which change that period to three years, then they would the functions nominally assigned to the Crown might have had the right to do that in their own As be performed on her behalf by Her Premier in the sembly. We should have pointed out that there were Cook Islands. objections from Cook Islanders living in New Zealand at the present time to a three-year resi 385. The old Assembly favoured the appointment, dential qualification. They are entitled to some con as a transitional measure, of a New Zealand official. sideration in view of the large amount of money It was also its wish, according to the records, that this they send home from time to time to help their official, in addition to acting as the Queen's representa people. I think it was the Prime Minister who said tive, would be the representative of the Government of that men become responsible when responsibility is New Zealand. It accepted the suggestion of the experts placed on them, but I believe we took away their that the title of this official should be "The Commis first big responsibility-the right to choose. This sioner for ,the Cook Islands". It was understood that proposal is of an entirely new type, and we must appointment to this Office would be made by the adopt a more realistic approach to the question so Governor-General of New Zealand in consultation with the Government of the Cook Islands. The old Assembly that our reputation, which at present stands so high 18 was not sympathetic to a suggestion that the Com overseas, remains high." missioner, regarding his functions as ,the Queen's repre Institutional arrangements sentative, should act jointly with a Cook Islander. In its 44-point resolution, it in~te~d insisted on its 381. Of the new institutions provided for, and original decision that the Comm1ss1oner should alone existing ones to which new functions have been as- play the dual role as the representative of the Queen 18 Ibid., p. 2841. and that of the New Zealand Government. Agenda items 23 and 24 45 386. It was under points 8 to 9 of the 44-point 392. These arguments can hardly be improved upon. r~solution that the old f\ssembly endorsed the sugges In a co1;1ntry consisting of islands separated by im tion of the experts relatmg to the creation of an Execu mense distances over nearly one million square miles tive Council, consisting of the Head of State and the of ocean, and of precious little inter-insular contact, the members of the Cabinet. On this matter, it took its value of the proposed House hardly needs to be argued. cue from \Vestern Samoa where a comparable institu It ~annot but assist in improving upon the feeling of tion already existed. nat10nhood and the community of purpose and in 387. The idea of a Council of State was actively terests which is already being forged through the canvassed for the first time in 1964 in New Zealand establishment of the Legislative Assembly. Above all, by the_ visiting four-man official delegation, headed by there cannot be a more realistic way of tackling the l\Ir. Dick Brown, Leader of Government Business and problem of land tenure for which the search for a accompanied by Mr. 0. A. Dare, Resident Co~mis solution is not only crucial but also urgent. The pro sioner. During the hearing which the delegation was posed House holds out the only hope there could be of granted by a Select Committee of Parliament, the latter enlisting in favour of the reforms that are imperative accep_ted a proposal from the former relating to the the influence which the Arikis still wield, particularly cr_eat10n of a Council of State, associating two Arikis in relation to land. with the Commissioner to "jointly be representatives 393. The amendments adopted by the Assembly of Her Majesty the Queen in the Cook Islands". reques,ting modification of the draft Constitution to 388. The case for the creation of the Council of provide for the substitution of the proposed House of State, as argued by the delegation at the hearing was Arikis for the Council of State, did not take into account as follows : Arikis could not sit in the Legislative changes which would appear to be consequential. Be ~ssembly; they should be given a place of recognition fore considering the changes to which I refer, it would m the Government; in selecting Arikis for membership be necessary to examine the functions which were of the proposed Council, it would be more appropriate assigned to the Council of State under the draft Consti to their dignity to leave it to them to elect, from their ,tution, particularly with regard to those features of the ranks, nominees for the position; Rarotonga, the main institutional arrangements which, from all accounts, are island should be represented on the Council by one incompatible with the prerequisites of full internal self Ariki, and the outer Islands jointly by one Ariki. The government. Select Committee was sympathetic, and on its recom 394. The details of the functions assigned to the mendation, provision for the Council of State was in various institutions can be found in paragraphs 187-213 cluded in the draft Constitution. above. 389. With regard to the proposed House of Arikis, 395. The new Assembly's motion regarding the the considerations which led the Cook Islands Party proposed House of Arikis, also requested modification to propose its establishment, and the reasons for which of the draft Constitution to provide for the transfer of the Opposition felt justified in associating itself with the functions of the Council of State to the High Com the idea, are set forth in the summary of the debates. missioner. That request did not represent any substan For a disinterested observer, I felt there was not very tial change as to the role which was in any case assigned much else of importance one could add. I consider, to the High Commissioner under the original consti however, that a special note ought to be made of the tutional provisions. The draft Constitution provided, affection and reverence shown by both sides of the among other functions, that: House, during the debate, for the institution of Arikis. The High Commissioner shall be representative of the The deep respect which still exists in Maori society for New Zealand Government, and jointly with the two the institution, and the loyalty which the Arikis as Ariki members of the Council of State, of the Queen persons enjoy, were abundantly in evidence. The as well; genuineness of both sides in their desire to preserve the position and prestige of the Arikis was beyond doubt. The High Commissioner shall preside over all meetings of the Council of State; 390. Coming as I do from a continent where a similar institution exists and where many new nations No decision of the Council of State shall be valid unless are going through exactly the same hear,t-searching it has two affirmative votes including that of the exercise regarding its future, I felt that the elected High Commissioner; representatives of the Cook Islands deserved my ad The decisions in relation to which the High Commis miration, and they had it. By the same token, I be sioner has what amounts virtually to a power of veto lieved my views on the merits or demerits of the include the decision to approve or request reconsi Assembly's decision might be welcome. deration of a Cabinet decision or that of a Minister, 391. The point was made during the debate that including the Premier ; the establishment of the proposed House would provide The High Commissioner shares with the Premier au a better opportunity than was possible under the pro thority for summoning meetings of the Executive posals relating to the Cc_iun~il c_if State for gi:'ing con Council; crete recognition to the mstttut1011. It was claimed that in a House of Arikis, the Arikis could play a more At meetings of the Executive Council, the High Com effective role in government than they could ever hope missioner has a power of veto over the Council's to under the Council of State. Attention was drawn to decisions. Those include decisions relating to approval the advantages to be gained from the existence of a of Cabinet decisions, or reference, with or without forum where Arikis from all the Islands in the group a request for amendment, of a Cabinet decision back could meet, size up and get to know one another and to Cabinet for reconsideration. They also include share experiences, in a way that was _virtually impos decisions relating to reference, with or without a sible under the Council of State, which would bring proposal for an amendment, of Bills already adopted together only two Arikis at a time and o~ which most by the Legislative Assembly back to the Assembly Arikis really had no chance of ever becommg members. for reconsideration ; 46 General Assembly-Twentieth Session-Annexes The Speaker cannot permit consideration by the Legisla as sole representative of the Queen as Head of State. tive Assembly of Bills relating to financial matters In considering the question, I looked up the report of unless the Bill has been introduced on the recom the team of constitutional experts who had advised the mendation of the High Commissioner. old Assembly on the formulation of the draft Consti 396. The transfer of the functions of the Council tution. I discovered that they had the same reservations of State, as requested by the new Assembly, would as would appear to be inevitable. I quote the relevant result in extending the power of the High Commis passage of their report: sioner, but only in so far as it concerned his role relating "The combination of the functions of the repre to decisions of the Cabinet, or a Minister including sentative of the Oueen and New Zealand Govern the Premier, and consent to bills adopted by the ment representatj~ in one person has much to com Assembly. Under the original constitutional provisions, mend it on grounds of economy; but we feel that in to initiate action in this regard the High Commissioner practice the two roles may not be easy to combine. v.;ould, in certain circumstances, require the affirmative As representative of the Queen, the Commissioner vote of one of the two Ariki members of the Council of the Cook Islands would stand above the un of State. Under amendment requested by the As avoidable conflicts of practical politics; but, as the sembly, the High Commissioner can initiate such action New Zealand Government's representative, he might on his own. have to present a point of view that the Government 397. These are features of the constitutional pro of the Cook Islands would regard as highly con posals to which there was practically no reference troversial. Experience might show that the combina during the meeting, and to concern myself with them tion of these two roles was an embarrassing one. might be regarded by some as treading on a dangerous For this reason, we believe that the possible separa path. However. I feel that I am under an obligation tion of the functions of representative of the Queen to include in this report any matter, either of fact or from those of New Zealand representative at a later opinion, which can assist the Special Committee of stage should be kept in mind." Twenty-four or the General Assembly in considering 401. Finally, article 88 of the draft Constitution the situation in the Cook Islands regarding the confers upon the Governor-General the power to make, question of the granting of independence to colonial at the request and with the consent of the Cook Islands peoples. Government, regulations for the peace, order and good 398. In this regard, there are four matters which government of the Territory. ought to be noted. The first arises from the proceedings 402. To take the third of the four matters first, the of the first meeting of the new Assembly and is related administering Power claimed, with just cause, that to the debate on its request for the establishment of the powers which had now become vested solely in the a House of Arikis. The Opposition submitted proposals High Commissioner constituted authority merely to that would have the Assembly approve for the House refer but not to negate or prevent decisions either of of Arikis powers which could place only further restric the Legislative Assembly or the Cabinet. But I con tions on the Cabinet and the Legislative Assembly itself. sider that it ought to be admitted that the procedure This met with a stiff opposition from the Cook Islands laid down for the appointment of the High Commis Party, the majority Party. That was the occasion on sioner and the fact that he would also be the custodian, which the Assembly adjourned its sitting hours earlier in the Cook Islands, of the interests of the Government than was laid down in its Standing Orders to permit of New Zealand constituted a serious anomaly. informal consultations on the matter. In an amendment 403. The procedure for his appointment was based motion, the Opposition moved that the proposed House on the recommendations of the old Assembly. However, be given "the power to reject and to repeal" laws the new relationship between New Zealand and the relating to land matters and native customs deemed Cook Islands would seem to justify a procedure which by the Arikis to be detrimental to their authority, would not involve the New Zealand Minister respon right and prestige and to the welfare of the people. sible for matters relating to the Cook Islands. In such In the compromise which was reached following the vital fields as external affairs and defence, subjects informal consultation, the majority Party would ap reserved for the New Zealand Government, the con prove for the proposed House a consultative status on stitutional provisions require that the New Zealand those questions, including the power to refer to t_he Prime Minister shall act "after consultation" with Assembly bills relating to them. During the negotia the Premier of the Cook Islands. In view of the new tions in New Zealand between a delegation of the relationship between the two countries, a similar pro majority Party and the Government of New ~eal~nd cedure regarding the appointment of the High Com regarding the modification of the draft Const1tut1011, missioner would have been ideal. the Cook Islands Party revised further its position on 404. The dual role of the High Commissioner, is, the question. At its request, the House of Arikis under in my view, an anomaly of an even more serious the amended draft Constitution was assigned the power nature. My observations on the questions cannot be only to consider, express its opinion and make reco!ll expressed with greater precision and force than were mendation to the Assembly on "such matters relative the views of the constitutional experts to which I to the welfare of the people" as might be submitted to have already referred. "Experience" they concluded, it by the Assembly. "might show that the combination of these two roles 399. The second matter concerns the Public Service, was an embarrassing one". Perhaps there is a strong and the provision of the draft Constitution conferrin_g case for going even further. The checks and balances on one person authority for full control of the Public which are intended are without doubt a necessity in Service. a democracy. Admittedly they exist in New Zealand 400. The other matter which I consider noteworthy itself, and, in one form or another, in m~st of the old relates to the dual role of the High Commissioner as and new democracies of the world. But society, through the representative of the New Zealand Government, out the ages, tends to frown upon any situation in and now, with the abolition of the Council of State, which the power to exert these checks and balances Agenda items 23 and 24 47 is vested in an institution that is not indigenous to those of New Zealand representative should be kept the people concerned. And the office of the High Com in mind." missioner cannot be regarded as being indigenous until Besides, the reaction of the Cook Islands Party to the the elected representatives of the Cook Islands people Opposition's request for greater powers for the proposed are given a more effective say in the procedure for House of Arikis is, in my view, a yardstick for de appointments to it. termining the extent to which the Party, as the majority 405. Furthermore, note ought to be made of what I Party in the new Assembly, would tolerate an over believe to be defects regarding the Executive Council. zealous exercise of the powers vested in the High During the debate in the New Zealand Parliament on Commissioner. The old Assembly's decision and the the Constitution Bill, the responsible Minister himself reactions of the majority Party in the new Assembly said this institution had no counterpart in the outgoing are factors which justify the hope that elimination of system. An exaggerated opinion of the well-meaning these anomalies would not be resisted by the people nature of man could easily blind one to the dangers of the Territory. with which the character and functions of the Execu 409. This would apply to the question relating to tive Council are fraught. With the abolition of the the control of the Public Service. Although an Opposi Council of State, the Executive Council would consist tion member of the Assembly had expressed the fear of the members of the cabinet and the High Commis that, under the present system, control of the Public sioner, presumably with the High Commissioner as Service could pass into the hands of a political ap Chairman. The High Commissioner is thus entitled pointee, there was no formal proposal for a change. by right to sit in council whh the people's elected There seems, however, to be a strong case for the representatives and to participate in the consideration establishment of a Public Service Commission. The of matters that are unlimited in scope and include administering Power does not need a lesson in the questions with which he ought not to be involved either merits of such a Commission and may well have con as representative of the Queen or of the New Zealand sidered the question and may have decided against it Government. Without prejudice to the good intentions on the grounds of costs. Perhaps a way could be found of the appointee to this office, I believe ~t would be to establish one on a part-time or honorary basis. Those difficult to find any justification for the maintenance of who, like the Opposition members, have apprehensions the Executive Council in its present form. might well be re-assured if control of the Public Service 406. Perhaps it is desirable to establish a body were entrusted to such an independent Commission comparable to the Privy Council in which, in New rather than to one person. Zealand, the Governor-General, as the Queen's repre sentative, sits in council with Her Ministers. Perhaps New Zealand and the Cook Islands another title might be better than Executive Council 410. When consideration of the question of the which is so reminiscent of the stage in the political situation in the Cook Islands is resumed, International evolution of colonial territories when, in an institution Co-operation Year, sponsored by the United N ati_ons with a similar title, the Governor receives but is not to dramatize its dedication to international co-operation, bound by the advice of its members. It would certainly will be drawing to a close. For reasons perhaps under be necessary to amend the draft Consti!ution to p_ro:7ide standable, many an administering Power will, with re for the transformation of the Executive Council mto gard to the question of the_ g:ant~ng. of ind~pendence an institution, similar to the Privy Council, in which to colonial peoples, be persisting m its demal _to the the High Commissioner could exercise more or less the Organization of any role which involves_ the dispatch same powers as the Governor-General of a Dominion. of a United Nations mission to a colornal country. I 407. As regards the powers of the Governor-General consider therefore that the spirit of co-operation which of New Zealand to make regulations for the Territory, exists between New Zealand and the Cook Islands it was not specified whether these powers were. to be and the fountain of goodwill which one finds in W ell_ing exercised only in times of emergency. Perhaps 1t was ton towards the people of the Territory must be given not by an error of omission that no limitati?ns ~ere a well-deserved prominence in the Teport o~ the fi:st placed on the exercise of those powers. If the mte1;1tio?-, mission of the Organization ever to be associate? ,v:ith however, was to provide for such powers as exist m an operation involving the question of self-determmat10n most democracies for use in times of emergency only, in a colonial territory. it would perhaps be more in consonance with the re 411. A detailed account of the grave concern which quirements of the Territory's new political status to the controversial issue of residential qualific~tion~ had amend this Article with a view to specifying clearly aroused in New Zealand has already been given 111 an the scope of these powers_ and the circumstances in earlier section of this report. That was only one of the which they could be exercised. very many occasions in the relationship between the 408. I repeat there was :7ery little reference to; these two countries that the New Zealand people, through matters during the proceedings at the ~rst meetmg of their Parliament and Press, had shown for matter~ of the new Assembly. Thl: ~ssembly ~1~ not requ_est purely local interest in the Cook !~lands, a _genume, modification of the constitutional prov1s1ons regardmg enlightened and articulate I_Jreoccui::ation of wh1c~ t~ere them. One can only hope that the g~od will of the are precious few examples 111 the history of colornahsm. Government of New Zealand towards its war~ would 412. Another concerns a controversy as t? what be brought to bear in eliminating these anomalies, p_ar constituted the best possible method of consultm~ _the ticularly the one concerning th~ dual role of the High Cook Islands people regarding their future political Commissioner. On that quest10n, th~ o~d Assembly, status. The summary of debates includes the strong ting upon the advice of the constitutional_ experts views expressed by both sides of the new Cook Islands i~cluded the following decision in its 44-pomt reso- Legislative Assembly on the m::itter. It was al~o the lution: subject of an exchange of passionate speeches m the "10. The possibility of separating at a later stage New Zealand Parliament. The critics of the Govern the functions of representative of the Queen from ment contended that a referendum was the best pro- 48 General Assembly-Twentieth Session-Annexes cedure, and the Government, while it defended its choice regarded as economic suicide. Before independence, of a general election, pledged that it would let the Cook many African and Asian countries knew that political Islands have a referendum any time they wanted it. freedom, instead of jeopardizing whatever assistance This pledge is guaranteed under the provisions of ar they received from a former colonial power in the eco ticle 41 of the draft constitution. nomic, financial and social fields, rather offered greater 413. The benefits which accrue to the people of the avenues for such assistance from international organiza Cook Islands from this association take more tangible tions and friendly countries. In the Cook Islands, the forms. Under the heading "Historical Background to people know of only one source for such assistance: Constitutional Development in the Cook Islands", I New Zealand. endeavoured to show how constitutional reforms had 417. It is no wonder that the benefits which they been introduced over the years more in response to the receive from New Zealand in cash subsidy and un liberal policy of the administering Power than as the restricted emigration to that country are for them a result of political pressure from the indigenous people. matter of life or death. In a speech in the new Assem Also, reference has already been made to New Zealand's bly, Mr. Geoffrey Henry, an Opposition member, re annual financial subsidy without which living standards ferred to these benefits as the "moonbeam" from New in the Territory, at the present level of economic de Zealand. He said: velopment, would be even lower than they are. "I remember an occasion in Aitutaki when a repre 414. The Cook Islands people benefit from their sentative of the New Zealand Government came to association with New Zealand in innumerable minor explain internal self-goverment and he said that our but equally significant other ways. The immigration of links with New Zealand are like moonbeams. We Cook Islanders to New Zealand is completely unre are not tied to New Zealand with steel ... or iron, stricted. Their access to job opportunities in New but we are attached to New Zealand by moonbeams, Zealand is unlimited. Financial assistance from Cook and he said that you can break iron but you can never Island wage-earners in New Zealand to their relations cut moonbeams. I got up and expressed my fears at home, according to the official figures, adds up to and I said to him, 'While you cannot cut moonbeams, the impressive annual figure of over £200,000 in cash the unfortunate thing is that the moon does not shine remittances, increasing the per capita income per annum at all times. Sometimes it sets'." by £ 10. The Territory's agricultural products, mainly 418. Mr. Henry is a young man. He lived in New comprising at present such perishable crops as citrus Zealand for about seven years studying first at school fruits, bananas, pineapples and copra, enjoy free entry and later at a University. In the setting of the pre and a guaranteed market in New Zealand. Added independence era of an African or Asian country, the to the cash subsidy, which has been increased to chances are that he would be a restless firebrand of a £872,000, the benefits of the guaranteed market and nationalist, impatient for complete political independ the cash remittances bring the per capita receipt ex ence. He is intelligent, educated, and strikes one as a ternal assistance per annum to £60. very shrewd politician. He is in a way a firebrand, but 415. For the people of the Cook Islands, the most only in so far as opposition to his cousin, Mr. Albert vital of these benefits are the financial subsidy and the Henry, Leader of the Cook Islands Party, is concerned. right to unrestricted emigration to New Zealand. The As can be seen from the summary of debates on the suggestion that they are not interested in full inde floor of the Assembly, he did not sound like the apostle pendence is not fiction. It would be an error to draw a of accelerated change. In private, he speaks of the won comparison between the situation in the Cook Isla;1ds, derful time which he had in New Zealand and of how as it exists today, and the situation in the new nations he is looking forward to returning there. of Africa and Asia before their accession to independ 419. He is not a lone wolf. Neither in the ranks of ence. Apart from the difference in the importance in the Cook Islands Party nor any other organization, land-mass and natural resources, a student from a colo political or otherwise, did I find one single member of nial Territory from Africa or Asia in Europe or the the present generation of the people who wants full Americas was exposed to an influence which his counter independence. The voice which is raised in favour of part from the Cook Islands does not find in New change speaks in terms of a change to full internal self Zealand. For obvious reasons, the two World Wars government not involving a break with New Zealand. did not bring to the Cook Islands anything like the That is the wish of the leaders of the Cook Islands renaissance and consciousness of the realities of the mod Party too. The Party polled only 52 per cent of the ern world which was the good fortune of African and votes cast in the elections. The Opposition polished this Asian countries. Information on the great post-war off to the round and neat figure of 50 per cent, and efforts of the international community to narrow the claimed that the Cook Islands Party was therefore no gap in the economic well-being of peoples is_ sc~nty. more qualified to speak for the people than they, who The limited information that seeps through 1s either polled the other 50 per cent. Even so the voic~ _of cha~ge deliberately distorted or given in such a way as to is heard also among the ranks of the Opposition. Famt cause some confusion as to the aims and objectives of though it is at present, it is bound to become inc~ea~ international assistance. For example, a politician who ingly articulate. For, even in the Cook Islands, 1t 1s was a member of the Executive Committee in the out political suicide to oppose change altogether. going Legislative Assembly, told me he was made to 420. It would appear t~ere!ore that wit~ the ~omi~g understand that membership in the United Nations into force of the new const1tut10n, the turnmg p01nt will Food and Agriculture Organization (FAO) involved have been reached in the history of the people of the an annual membership fee and other financial obliga Cook Islands. The goodwill which exists in Wellington tions which the Cook Islands could not afford. is reciprocated by the Cook Islanders' genuine feeling 416. While experience has long since proved in of attachment to the New Zealand people. The Maori as a race are distinct from the New Zealand Eu~opean. Africa and Asia that independence, far from endanger In a world riddled with violent problems of racial dis ing the chances of outside aicl, rather increases their scope, in the Cook Islands, independence is genuinely crimination, the intercourse between the two races is Agenda items 23 and 24 49 a shining example. Note has already been made in this repo'.t of the speech during a debate in the New Zealand 424.. The administering Power would be the first Parliament when the Prime Minister, Mr. Holyoake, to admit that these assurances, per se, are not enough. referre~ to the Cook Islanders as "people whom we They must _be fol~owed by urgently needed measures in recogmze as our cousins, our racial brothers and, of the eco1;1om1~, social and political fields. Perhaps I would be forg!ven ~f I called attention to a few of the measures course, our closest neighbours". Cook Islanders still I had m mmd. refer to New ?ealanders as Papaa, the Maori word for ~uropean, which has an undertone of the Maori's at 425. I gathered the impression that the Cook Is !1tude towards the early "civilizing" and "soul redeem landers would not forever regard the subsidy from New m( white missionaries. There is no evidence of ill Zeala1;1d as a charity donation. There was a note of feelmg towards the Papaa. The member for Mauke uneasmess, not only as it was reflected in election mani one of the Outer I_slands, Mr. Julian Dashwood, ; festos _but also discernible in public feeling about the ~uropean, stood agamst a Maori candidate in the elec ope_rat10n~ of N ~"'. Zealand firms in the Territory and ttons. In one of the Rarotonga constituencies, another their tradmg P?hc1es. The election pledges of the Cook European polled a number of votes which was out of Islands. Party mclu~ed the promise to investigate the all proportion to the numerical strength of the Euro ec?nom1~ system with a view to overhauling it. The pean electors. Intermarriage between the races frowned pnce paid by these firms for agricultural produce is a UPOf!- in most multiraci'.11 societies, is accepted ~nd is on well-known and chronic thorn in the flesh. the increase not only m New Zealand but also in the . 42?. The progress which has been made in educa Territory itself. tion 111 the last decade is out of all proportion in im 421. The question is : how best can the ties that bind portance to the progress made in any decade in the his the ~wo p~oples be exploited to ensure that progress tory of the Territory. Perhaps it would not be out of contmues m an orderly and peaceful atmosphere, what place to wish that this progress would not only con ever the path which the people of the Cook Islands tinue, but increase in scope and pace. choose in their search for human and spiritual dignity 427. The administering Power has had the benefit and material well-being. of the. o~inion of IT.1any an independent observer, some 422. One step in the right direction has already been comm1ss1oned by itself, regarding how constitutional taken by New Zealand, the senior partner. I refer to reforms of the past had not quite succeeded in bringing the question of financial subsidy. Both Government and to the people, in practice, some of the benefits which Opposition in the New Zealand Parliament have made were intended. From the records some official others the irrevocable commitment that it will continue. For private, but mainly from university sources it would proof, it will suffice to quote the Prime Minister, Mr. seem as if one of the obstacles to greater s~ccess has Holyoake, who said in Parliament: been th~ difficulty of finding administrators capable of translatmg the good intentions of Wellington into pur "I want to make one point clear-that the close poseful action in Rarotonga. At a time when, in the friendship will remain between New Zealand and field of qualified dedicated and liberal-minded personnel, the Cook Islands." demand is increasingly outstripping supply, how can ('-t this point he was interrupted by the speaker: "That one do any more than wish the Administering Power 1s the assurance." The Prime Minister said: well. It is therefore in all humility that I venture the "Yes, it is good to have it on record and the suggestion that, perhaps in this field as well as others Deputy Leader of the Opposition has done in that in which urgent action is recognized, more use could respect what his leader did in the Committee. I am be made of the possibilities which the international com interested and pleased to hear the members of the munity has to offer. Opposition say they want an assurance that this Government will continue the grants. There is a little United Nations and the Cook Islands bit of politics in this. Four years ago under a Labour government grants to the Cook Islands had amounted 428. My mission has been the first harvest, of un to £607,000. This year they amount to £872,000. precedented value, to be reaped from United Nations I do not think we need any urging from Labour interest in Non-Self-Governing Territories and co Party members but I accept their urging as a pledge operation from administering Powers. The Cook Is on their part that they would continue our policy. landers were the first people to benefit from a physical We make the most generous grants on a per capita United Nations presence in their country at an hour basis of any country in the world, and this Govern of historic decision. The importance of these aspects of ment, as the Minister and I have already said, will the operation cannot be over-stated. It is only natural, continue those grants. I am certain that over the therefore, that the concluding paragraphs of this report years this Parliament will continue that policy. I do should be devoted to the reactions of the Cook Islands not think we should try to score points off each other people, and New Zealanders living there, to the Mission. on this matter. I: am sure the New Zealand Parlia 429. When we arrived at Rarotonga airport on 8 ment will continue to give to the Cook Islands the April, the most senior official of the Administration financial and other assistance it has given over the there to meet us was the Secretary to the Government, years." a New Zealander. The Resident Commissioner, the 423. Another step in the right direction relates to Cook Islander who was Leader of Government Busi the question of preferential treatment for Cook Island ness, and his colleagues of the old Executive Committee, agricultural products, and of the right to unrestricted were not in the official welcoming party. The majority emigration to New Zealand. I was told in Wellington of the small gathering of people at the airport were by the Minister responsible for Island Territories, in the there mainly to meet relatives. presence of the Prime. Minister, that Cook Island 430. On 29 April, twenty-one days after our arrival, products are assured a guaranteed market in New the Cook Island News, a news bulletin published by Zealand "in perpetuity", and their immigration would the Administration, carried the following letter from a remain unrestricted forever. reader who wrote : / 50 General Assembly-Twentieth Session-Annexes "Dear Editor, memorab!e for the _courtes_Y, unbounded generosity and "It astounds me to think that with the thousands tender kmdness with which the Prime Minister and of starving millions around the world the United the ~e?1bers of his Cabinet treated us. Although brief, Nations should see fit to send to the Cook Islands t½e visit wa? also re~varding in the sense that it pro a team of highly paid and valuable staff to observe vided. me with_ mater:al which I found helpful in for our elections. mulatmg certam findmgs of pertinence to the subject "The money spent, I believe a sum of 40,000 matter of this report. dollars, could have been put to better use, probably 435. During my visit to 'vV ellington, His Excellency to educate or feed some of the more unfortunate peo the Governor General of New Zealand, Sir Bernard ples than our own. Fergusson, G.C.M.G., G.C.V.O., D.S.O., 0.B.E., did "Seeing that our elections have been carried out me _the honour of re~eiving me in an extended private without any apparent bloodshed or demonstrations, audience. I found his keen and passionate interest in we would appreciate some comment about the elec the welfare of the people of the Cook Islands both tions and the general opinion of the United Nations touching and reassuring. team as a whole. 436. The Secretaries of External Affairs, Mr. A. D. "As a free world country we expect the United McIntosh, and of the Department of Island Territories, Nations believe in freedom of speech as well." Mr. J. M. McEwen, and officials of their departments gave me all the assistance 1 needed. 431. The salutary effect of the presence of the Mis sion on attitudes towards the Organization had reached 437. To Mr. Leslie Davis, Assistant Secretary of its peak by 21 May, the day we departed. The Secretary the Department of Island Territories, Mr. Gerald to the Government, who was also acting as Resident Hensley and_ Mr. David Elworthy of External Affairs Commissioner, the Acting Leader of Government Busi I owe a special debt of gratitude for all they did for me ness, almost all the other members of the new Executive and the members of my mission. I record the same sen Committee, and several New Zealand officials and pri timents for Mr. J. C. Averill Acting Hio-h Commis vate individuals, joined a large gathering of Cook Is sioner of New Zealand in \ii./ e~tern Samoa~ landers in a warm and affectionate airport farewell 438. Mr. A. 0. Dare, the Resident Commissioner ceremony. The same Cook Island News, in a report of the Cook Islands, Mr. Morris Hegan, the Secretary on the occasion published in its issue of 24 May, had ~o the Government, the Resident Agents on the various the following to say: islands and all the functionaries of the Administration "The arrival of the United Nations Mission per of the Cook Islands spared no conceivable effort to sonnel some weeks ago was a very quiet affair with facilitate my task and smooth the difficulties of my little or no notice being taken of the members. mission at the cost, in some cases, of setting a few established practices at defiance. "It was a different picture on Friday at the airport when a very large crowd of friends and well-wishers 439. \Yithout the ready understanding and generous turned up to say farewell to the three remaining co-operation extended to me by the Government of members, Mr. Adeel, Leader of the Mission, Mr. New Zealand and the Administration of the Cook Is: Dorkenoo and Mr. Lewis. · lands, a somewhat difficult task would have proved virtually impossible. "In attendance were the Acting Leader of Govern ment Business, the Acting Resident Commissioner, 440. The morning of our departure from Rarotonga Executive Committee and Assembly Members and a was the occa~ion for a deeply moving and unforgettable scene at ~he airport. The Acting Resident Commissioner, host of friends." the Actmg Leader of Government Business all the Acknowledgements members of the Executive Committee and L~gislative Assembly on the Island that morning turned up with 432. I have, throughout this report, made refer their families, leis and beads to join the impressive ences to the delicacy of my task and to my sense of gathering that came to bid us farewell. inadequacy to the confidence that the Secretary-General 441. By their inordinate hospitality, endearing charm so obligingly chose to repose in me, but as this report and touching friendliness, the people of the Cook Is comes to .its end, I have discovered that by far the lands have put me perpetually in their debt. The fond most difficult of all my tasks was to come by terms and precious memories of those six weeks will grow I could conceivably resort to in an anxious endeavour with me all the richer and more fragrant with the to put on record my feelings of gratitude to the persons passage of time. May the days that loom ahead, so that have so richly earned it. I realize that if I were resplendent with high and legitimate hopes, bring about to make specific reference to every one that deserved wider and more meaningful smiles on the faces of these it, the list would be interminable indeed. May I there hospitable lands of gentle people. fore trust that those persons who, contrary to a natural expectation, do not have their names mentioned in 442. Last but not least, I wish to put on record my these acknowledgements will find it possible to for high appreciation for my colleagues on the mission: Mr. James L. Lewis, Principal Secretary of the Mis give me. sion, Messrs. C. Sivasankar, Felipe A. Pradas, Thomas 433. My great friend, Ambassador Frank Corner, H. Tanaka, Bernard D. Dorkenoo and Miss A. Ferral. should have no reason but to know in what esteem I But for their willingness, dedication and patience this hold him. His role in this whole operation and his report, even with all the defects in which it abounds, efforts to facilitate my task are too well known to call would not have come to be. I alone, of course, bear sole for verbal recognition. and exclusive responsibility for any material commission 434. His Excellency the Prime Minister of New or omission perpetrated in it. Zealand, the Rt. Hon. Keith Holyoake, C.H., was kind enough to invite me and Mr. James Lewis, the Principal 443. In placing these sentiments on record I am Secretary of the Mission, to spend a week in New merely trying to acknowledge an accumulation of debts Zealand as guests of his Government. It was a visit none of which I will ever be able to repay. Agenda items 23 and 24 51 ANNEXES ANNEX I In its tmdeavour to discharge its duties in as effective a Statement to the Press by the United Nations Repre manner as is possible, the United Nations Mission is confident sentative for the Supervision of the Elections in the that it can rely on the support and co-operation o.f all the Cook Islands parties concerned. The question of the political future of the Cook Islands was ANNEX II discussed last year by the Special Committee of Twenty-four -the Committee established by the General Assembly in 1960 Area and estimated popnlation as at 31 December 1964 and charged with the examination of ,the Situation with regard to the Implementation of the Declaration on the Granting of Island Area in acres Males Independence to Colonial Countries and Peoples. Fem-ales Total After detailed discussion in one of its sub-committees, the Rarotonga ..... 16,602 5,012 4,721 9,733 Special Committee recommended to the General Assembly that Aitutaki 4,461 1,488 1,416 2,904 the people of the Cook Islands should be enabled to express their wishes in accordance with the provisions· of the Declara Mangaia ...... 12,800* 1,056 1,041 2,097 tion on decolonization "through well-established democratic Atiu ...... 6,654 732 672 1,404 processes under United Nations supervision". Mauke ·······. 4,552 457 409 866 Following upon this recommendation, and at New Zealand's Mitia,ro ...... 5,500* 166 165 331 request elated 2 February 1965 (see A/5880), the General As Manuae ...... 1,524 13 5 18 sembly agreed, in resolution 2005 (XIX), adopted on 18 Palmer-ston .... 500 44 58 102 February, to send a United Nations representative and observers Pukapuka 1,250 412 800 to supervise the elections and to observe the constitutional ..... 388 debate and decision of the new legislature that will emerge from Nassau ...... 300* 69 44 113 the elections. Manihiki ...... 1,344 595 494 1,089 The Government of New Zealand, in its request, stated that Rakahanga .... 1,000 187 181 368 "these two events-the election process and the subsequent Penrhyn ...... 2,432 362 332 694 debate and decision of the Legislative As-sembly upon the Suwarrow ..... 100* Constitution-will, taken together, constitute key ,parts of the Takutea ...... 302 process of self-determination of the people of the Cook . Islands" (ibid.). 59,321 10,593 9,926 20,519 The form and nature of the Cook Islanders' future, it added, Less excess de- would be a "major issue" in both these events. It expected the parture and new legislature to reach a decision on the new Constitution arrivals 333 242 575 towards the latter part of May. Acting under the Assembly's resolution, the Secretary TOTAL 59,321 10,260 9,684 19,944 General has designated Omar Abdel Hamid Adee! of the Sudan to serve as the United Nations Rei;resentative for the super * Approximate area. vision of the April elections. To assist Mr. Adee!, the Secretary General has detailed the following Seoretariat members: Messrs. James L. Lewis, Principal Secretary and Observer; Felipe A. ANNEX III Pradas, Observer; C. Sivasankar, Administrative Officer and Broadcast to the people of the Cook Islands by Ambas Observer; T. Tanaka, Observer; Bernard D. Dorkenoo, sador F. H. Corner, Permanent Representative of New Observer; and Miss Alicia Ferra!, Secretary. Zealand to the United Nations, March 1965 In order to carry out his responsibilities under the General As•sembly resolution it is necessary for the United Nations My name is Frank Corner. I represent -New Zealand at the Representative to satisfy himself of the following : United Nations and had the pleasure of meeting many of you in Rarotonga a little over a year ago. I am going to talk (a) That the administrative and physical arrangements are about two questions that are being asked. Why is the United in accordance with electoral ,regulations promulgated by the administering Power which is responsible for the conduct Nations interested in the Cook Islands elections and what part will the United Nations play in the happenings of the next of the elections ; few months? (b) The impartiality of the officials in the Territory con The United Nations is the IY!eeting place of the representa cerned with the elections; - tives of 114 independent nations. They come from many (c) That the people of the Cook Islands were fully apprised different kinds of countries, large countries, tiny countries, of the significance of the elections, in that the new legislature old nations and new, rich and poor, dictatorships and demo which they would elect would be empowered to adopt the cracies and many that are neither one nor the other. As you Constitution as drafted, reject it, or work out some other status can imagine, there are many arguments and disagreements when for the Ter:ritory; so many people from such different backgrounds get together, ( d) That the people of the Cook Islands were able to exer but they all do agree on some things. For instance, on the cise their rights prior to and during the polling in complete need for peace lest mankind exterminate itself with its nuclear freedom; bombs and on the need for the countries of the world to join their efforts to help all people to be better educated, better (l') That the necessary precautions were taken to safeguard fed and in better health. the voting papers ; Another thing that nearly everyone agrees upon is that any (f) That a correct count of the votes and an accurate report .people who are at present under the rule of others from of the results has been made. another country must have the right to decide for themselves Under the terms of General Assembly resolution 2005 (XIX) how their own country should be governed. This is called the refer,red to above, the United Nations Representative is required right of self-determination, the right of a people to decide their to report back to the Special Committee of Twenty-four and own future. to the General Assembly on the organization, conduct and This right of self-determination is not only a human ,right; results of the elections and his observations on the debate it is also practical common sense. Most are now agreed that and the decision in the newly elected Legislative Assembly on when people decide their own future and run their own affairs the Constitution. they have more pride and confidence in themselves. \,Vithout 52 General Assembly-Twentieth Session-Annexes pride and confidence, without a sense of purpose, societies or As I end this talk, I want to stress that neither the United peoples often become sluggish and inefficient; they don't make Nations, nor New Zealand, nor any country, can or wants the most of their countries or of their lives. Their young people to dictate to you what decision you should make. It is your see no future and go elsewhere. country and the decision on the future status of your country Nearly everyone agrees that each distinct people should have is yours to make and yours alone. The whole idea of self the right to govern themselves. But what about those who live determination is that the people directly concerned, that is, in tiny territories and remote islands? Can the right of self you alone, should decide what is best for you and I haven't determination be applied right down to the last tiny island? the least doubt that you will decide wisely and that life in It may be all right, some say, in the case of a small territory the Cook Islands will continue to become better and better like Kuwait in the Middle East which has oil by the millions for you and for your children. of barrels. But what about a small territory like the Cook Islands which, as far as anyone knows at present, has no great ANNEX IV sources of wealth, and would live a very meagre existence if some other country did not give it large subsidies. New Zealand Legislative Assembly Paper No. 45: says: Constitutional Development "Yes, the right of self-determination applies to people even The Committee of the Whole has studied the recommenda in small territories like the Cook Islands. \Ve are not tions on Constitutional Development by Professor C. C. interested in governing any people against their will. \Ve Aikman, Professor J. W. Davidson and Mr. J. B. Wright. believe the Cook Islanders are capable of making an informed The following conclusions have been arrived at: and sensible choice as to how and by whom they will be gov erned and we invite the United Nations to send its own General impartial observers to see that they make their choice in fair 1. The Cook Islands should have a constitution which pro and free conditions." vides for full self-government but allows for continued The United Nations accepted New Zealand's invitation and association with New Zealand under a common Head of is sending out a trusted representative, Ambassador Omar State, the Queen, and with a common citizenship, that Adee! from the Sudan, and five observers who come from of New Zealand. five different countries but are all members of the United Nations Secretariat, which is the impartial international civil The Executive Government service. 2. A cabinet should be chosen from members of the Legisla \Vhat is so special about this? Well, it is the first time that tive Assembly, and responsibility for particular depart such a small territory has been given the chance of exercising ments or subjects allocated to individual ministers in the the ,right of self-determination. There are a great number of cabinet. small territories scattered all over the world and the example of the Cook Islands will be studied by many countries. 3. The Cabinet should consist of a Premier and four other Secondly, the draft Constitution of the Cook Islands is a Ministers. The Premier should be elected by the As very special one, though it provides for self-government, not sembly and he should select the other members of the for full independence, and though it provides for strong links Cabinet and allocate portfolios among them. with New Zealand, it leaves the door open for the people of 4. The position of Secretary to Cabinet should be held by the Cook Islands to move into independence or into a closer the permanent head of the Premier's Department who association with New Zealand or other South Pacific coun should occupy the position at present held by the Secretary tries if at any time in the future they come to prefer some to the Government and should, like him, be described in different arrangement. It gives the Cook Islands all the legislation as "the principal administrative officer of the benefits of being independent without the dangers and un Government of the Cook Islands". certainties that independence might bring for a tiny country. This experiment in freedom for small territories will be 5. The New Zealand State Services Commission should be studied to see whether it can open up a path to greater freedom asked to nominate a suitable person who would make for other small territories. recommendations as to the salaries and allowances of Ministers. Thirdly, if the new Parliament chooses to. bring the draft Constitution into force, the Cook Islands wtll no longer be 6. A statement of principles regarding the private interests a dependent or colonial territory. It will still have very clos'e of Ministers should be adopted by the Legislative As relations with New Zealand but New Zealand will have no sembly. power within the Islands. Because New Zealand will no 7. A public servant should resign if he is appointed as a longer have power over the Cook Islands, the United Nations Minister, but some steps might be taken to protect his will not be able to hold New Zealand accountable for what superannuation rights. happens there. You will become responsible for yourselves. This will bring to an end an obligation which New Zealand The Head of State entered into when it signed the Charter of the United Nations 8. The Queen should remain Head of State of the Cook twenty years ago. Islands. These are some of the reasons why the United Nations is 9. For the time being the Queen's representative in the sending a team of observers all the way to your small islands Cook Islands should be a New Zealand official who should in the South Pacific. The task of the United Nations repre also act as the representative of the New Zealand Govern sentative and his observers will be to see whether you really ment. This official should be known as the Commissioner are' being allowed to say freely what you want, whether you of the Cook Islands and he should be appointed by the understand what you are voting about, and whether the elec Governor-General of New Zealand on the recommendation tions are fakly conducted without bribery or intimidation. of the New Zealand Government after consultation with Later when the new Parliament meets, the United Nations the Government of the Cook Islands. representative will listen to the debates of your representatives, witness the decision and tell the United Nations what choice 10. The possibility of separating at a later stage the functions you made and whether you made it of your own free will. of representative of the Queen from those of New Zealand representative should be kept in mind. The discussions and meetings before the election are the time to make known your own views and to find out what 11. An Executive Council comprising the Commissioner and the various candidates think about the Constitution and the the members of Cabinet should be established with power future. It will be your business to settle any doubts you have to discuss and to refer back to Cabinet, but not to vary or by your questions at the meetings and you must make sure negative, any Cabinet decision. The Commissioner a~d the that the person you finally elect is aware of your views and Premier should each have power to convene a meetmg of is prepared to tell the Assembly what you think. the Council. Agenda items 23 and 24 53 The Legislative Assembly 28. In order to define the general limits within which the 12. All °:embers of_ the Legislative Assembly should be elected Seci:etary sho'.1ld exercise his powers, a body of public by direct elect10n of the adult population of the Cook service regulations should be enacted and the Cabinet should Islands. be given power to issue directions to the Secretary on 13. Each_ Island in the Group should continue to comprise one matters of policy •relating to the Public Service. constituency. Relations with New Zealand 14. There should be twenty-two members of the Legislative Assembly representing the various Islands as follows : 29. The conduct of the external relations of the Cook Islands Rarotonga (including Palmerston) 9 members, Aitutaki 3, should remain a responsibility of the New Zealand Govern Mangaia and Atiu 2 each, and Mauke, Mitiaro, Pukapuka ment. In some cases New Zealand should delegate to the (and Nassau), Manihiki, Rakahanga and Penrhyn one each. Cook Islands Government the power to act on its behalf (Manuae might be attached to either Rarotonga or and in others should consult or inform the latter about Aitutaki). its actions. f5. Adult British subjects who have been resident in the Cook 30. The grants made by the New Zealand Government to the Islands for one year immediately preceding an election Cook Islands Government should continue to be determined should qualify as electors and adult British subjects who on a three-yearly basis. have been resident in the Cook Islands for three years 31. Preliminary discussions regarding proposals for each immediately preceding an election should qualify as three-yearly grant should be conducted between the Cook candidates. Islands Cabinet and the Commissioner of the Cook Islands 16. Provision should be made for the forfeit of deposits by as •representative of the New Zealand Government. The candidates not receiving a certain percentage of the votes. Commissioner should be kept informed through the Executive Council of any major changes from the pattern 17. E..'Ccept in certain cases and only for a transitional period of expenditure that was envisaged at the time a three it should continue to be possible for public servants who yearly grant was being negotiated. are elected as members of the Legislative Assembly to remain public servants. 32. The New Zealand Government should be asked to allow the New Zealand Controller and Auditor-General to con 18. The payment to be made to members of the Legislative tinue to audit the accounts· of the Cook Islands Govern Assembly and to the Speaker of the Assembly should be ment. determined by the same procedure as that adopted for 33. The question of whether the New Zealand Parliament determining the salaries and allowances of ministers. should be asked to consider a Select Committee to deal 19. The Legislative Assembly should elect its own Spe:aker, with Cook Islands affairs or a Cook Islands representative preferably from among its own members. in the New Zealand Parliament should be left until 20. The Legislative Assembly should be given complete legisla representatives of the Cook Islands Assembly meet with tive autonomy, including the power to amend or repeal representatives of the New Zealand Parliament for all New Zealand legislation in force in the Cook Islands, discussion. and the power of reservation and disallowance at present 34. At least one member of the Cook Islands Cabinet should held by the New Zealand Government should be visit New Zealand each year to represent the Government eliminated. The New Zealand Parliament might continue of the Cook Islands. to legislate for the Cook Islands at the request or with 35. If the transitional measures listed in Recommendations 39 the consent of the Cook Islands Government. to 42 below are agreed to some Members of the Assembly 21. The Executive Council should have power to refer bills should visit Wellington to discuss the questions raised in back to the Legislative Assembly for further consideration those Sections dealing with relations with New Zealand. before they are assented to by the Commissioner. Enactment of the Constitution The Judiciary 36. Recommendations in this report which are acceptable to 22. The Chief Judge of the High Court and the Chief Judge the parties concerned and which require legislative action of the Native Land Court should be appointed by the should be incorporated in an Act of the New Zealand Executive Council acting on the advice of the Premier. Parliament which is not merely an amendment to the Cook Islands Act, 1915. 23. The Judges of the Native Land Court, Commissioners of the High Court and Land Court and Justices of the 37. The Constitution Act should provide that its amoodment Peace should be appointed by the Executive Council on by the Cook Islands Legislative Assembly should require a two-thirds majority at the second and third readings the advice of a Judicial Service Commission. in the Assembly of Ordinance involved and the elapse of 24. Appeals from the High Court and from the Land Court at least 90 days between the second and third readings. should in the meantime continue to be dealt with as at present. Transitional Arrangements 25. Discussions should be instituted on the possibility of an 38. The term of office of the present Legislative Assembly arrangement with other South Pacific countries under should be extended by up to one year to enable legislation which a country wishing to constitute a Court of Appeal to be passed in New Zealand giving effect to constitutional might draw Judges for that Court from neighbouring changes before the next general election to the Assembly. countries. 39. The Executive Committee of the Assembly constituted 26. The Supreme Cou1"t of New Zealand should for the time under the existing legislation should be made the basis being continue to exercise the original jurisdiction which of a "member system". it exercises at present in respect of civil and criminal 40. The present seven elected members of the Committee matters arising in the Cook Islands. should be asked to resign and the Assembly should, before the end of its cur•rent session, elect a Leader of Govern Control of the Public Service ment Business and four other members chosen by him. 27. The Secretary of the Premier's Department should be 41. Each of five new members of the Executive Committee appointed by the Executive Council on the recommendation should be allocated one or more departments for which he of the Premier. All other appointments in the Public would be given responsibility, but the Secretary to the Service should be made by the Secretary, but in respect Government and the Treasurer should ,remain primarily of each senior position the Cabinet should be informed of responsible for their departments until the new Constitu the name and qualifications of the person whom the tion comes into force. Leader of Government Business Secreta,ry proposes to appoint, and concur in the appoint and an Under-Secretary of Finance should understudy ment. the Secreta•ry to the Government and the Treasurer 54 General Assembly-Twentieth Session-Annexes respectively in the Executive Committee and the Legislative motions debated and also to restrict the proceedings of Assembly. this first meeting to Constitutional matters only. 42. The Resident Commissioner should continue to have 7. Election of Leader of Government Business and Executive power to preside at meetings of the Executive Committee Committee. and of the Legislative Assembly, but he should make a 8. Notice of :Motions: see Supplementary Order Paper for practice of not always attending. The Leader of Govern this Day. ment Business would then preside at meetings of the Executive Committee and a member elected by the As sembly at meetings of the Assembly. ANNEX VII 43. The relationship of the Resident Agents with the Island Opening address by J\1r. 0. A. Dare, Resident Commis Councils should be reviewed in the light of the new sioner, in his capacity as President constitution. 44. The next elections for Island Councils should be post It is my pleasure this morning to open this first session poned until 1965 but should not take place on the same of the new Legislative Assembly, and on purpose I do not day as Assembly elections. want to say many words because we a,re gathered here for the specific purpose of discussing whether or not the proposed (Signed) A. 0. DARE Constitution should be adopted, and just as everyone, I think, Preside11t of the Legislative Assembly in the Cook Islands would like to see the debate take place on this as soon as possible, it would only be right for me ANNEX V to allow the Assembly to do that. I do, however, wish to welcome all the members who have been elected to the Circular letter, elated 5 l\lay 1965, from the Clerk of the Assembly, and I want to congratulate you all on your success. Legislative Assembly The people of the Cook Islands have placed their confidence in you, and I hope, and I am sure, that you will try your GOVERNMENT OF THE COOK ISLANDS very best to do what you think is right for these Islands. Office of the Clerk of the Legislative Assembly, We have some members here who were in the last Legislative Telephone 59S Assembly, and I welcome them back too. Rarotonga, 5 May 1965 I personally feel very happy opening this Assembly this morning, because I think I can say I know every one of you To: All Legislative Assembly Members and I regard you as my friends, and because I know you well, EIGHTH SESSION-FIRST MEETING that we can place all the confidence in the world in you. It has not been possible to get the member from Manihiki Business to be transacted down to Rarotonga for this session, but we have felt it You are hereby advised that the first meeting of the Legisla desirable to oairry on even though he is not here, and I ti\·e Assembly, Eighth Session, which commences Monday 10 congratulate him on his election too. It is a little too soon May 1965 in the Assembly Chambers, Avarua, is being convened to offer congratulations to anyone for Pukapuka because we solely to consider matters relating to the Constitution Bill. have not had the results, in yet. Therefore no other matters will be discussed at this meeting. This is the first occasion I think in the history of the Cook ;formally members are afforded the opportunity to speak Islands when we have had an Assembly sitting without an in an "Address in reply" but this will be granted at a meeting official member in it. And I am sure that all people will agree later in the year when the Assembly is reconvened to discuss with me when I say that this shows the progress that the people nom1al government business. of the Cook Islands have made politically. And I think that Standing Orders provide that notices of motion should all the members would want me to thank the present lie on the table for four days exclusive of non-sitting days T,reasurer and Secretary, and past Treasurers and Secretaries before being debated, which if carried out would mean that for all the help they have given in previous sessions of this the Assembly would have to be opened on Monday 10 May to Assembly. receive Notices of Motion, and then each day for four days On my own behalf and on behalf of you and all the people the Assembly would have to be opened and adjourned without of the Cook Islands, I do want to welcome to, this room this transacting any business. The President, therefore, propos'es morning Mr. Adee!, Mr. Lewis, and Mr. Dorkenoo who are that Kotices of Motion should be deposited with the Clerk members of the United Nations Mission. I had hoped that of the Assembly (Mr. J. Scott) by mid-day Friday 7 May, Mr. Lewis and Mr. Dorkenoo would sit here too, but for and all Notices received will be communicated to members reasons of note-taking and their work, they have felt it by P .M. Friday 7 May. This will give members an opportunity better that they should sit at the back. to study the Motions over the weekend and by suspending Mr. Adee!, we all know that you are on a special Mission Standing Orders debate on them can take place immediately. here, and we know that you have a difficult task. You have to If this procedure is followed Notices of Motion, unless of be absolutely impartial in your work. I think everyone knows an urgent nature, would not be accepted after mid-day Friday that the New Zealand Government, with the agreement of the 7 1fay. Cook Islands Government, asked this Mission to come here. We (Signed) ]. M. ScoTT have reached a special stage in the development of the Cook Clerk of the Legislative Assembly Islands when the people have to have the free right to choose what form of Government they should have. \Ve feel that we are giving these people that right, and we feel also that if ANNEX VI anyone wants to check whether or not we are, they are very welcome indeed. These people are our invited guests and we Legislative Assembly of the Cook Islands 1965: Order hope, Mr. Adee!, that you 'have enjoyed yourselves and that Paper No. 1 you will enjoy yourselves for a few more days yet. There may be some people who have been a little critical of your having MONDAY, 10 MAY 1965 been brought here, but if there have been any, then I would 1. Formal entry of President. suggest to you that you could count the numbers on your 2. Prayers-Rauli Pokoati. hand, I think you could count them on one hand, and see whether or not they do in fact represent the 20,000 Cook 3. Swearing in of new Members. Islanders we have here. I know, and Members of this As 4. Opening Address by President. sembly know that almost everyone in the Cook Islands would 5. Address by Mr. 0. Adeel-Leader U.N. Mission. like to think that you are enjoying yourselves, that your 6. Suspension of Standing Orders. job has been worthwhile, and that they have made you welcome A member to move that Standing Orders be suspended in in their midst. I think a visit of this nature might be likened order to allow the Executive Committee to be elected and to a school examination, the student who is sitting an examina- Agenda items 23 and 24, 55 tion can hardly expect to sit his papers without someone to departure from your colourful and hospitable shores. My observe whether or not he is carrying out the rules, and I report, 'when it is completed, will be discussed by the Special want to assure you 1\fr. Adee!, and members of your party, Committee of Twenty-four and the General Assembly. And both those who are here and those who have gone, that we whateYcr the end results of the present experiment, you can are very pleased indeed to have you with us. If anyone has been expect a place of pride in the United Nations interest in critical of your presence here, than I think they will take a developing countries. more sober view in future. Please remember that of the \1/hen my colleague and I depart in a few days, we will 20,000 people, or almost 20,000 people, more than 19,000 are be carrying with us very many pleasant memories of our very pleased to see you. visit. And now, speaking for myself and for all the other We feel proud of our Islands and we are very pleased members of the team, I do not think I should even try to indeed to bring anyone here to have a look at them. \Ve all put in words how much we enjoyed your friendliness and your welcome you to our shores, and again; I hope that you enjoy hospitality. If I may let you into a secret, for many of us, yourselves here and that you will remember us when you are our departure is not an adiett but an au revoir. gone. Hon. Members, a little while ago, I made some reference Just a few words on the Assembly which will be conducted to the significance of your election. By their vote, your this week. I know you all, and I know that all of you will people have placed their confidence so movingly, so majestically conduct your debates with decorum. I know that our visitors and so hopefully in you. You a,re therefore standing a verdict will be impressed with the strength of your debating, and I of history. wish the Assembly a very successful Session. The Minister of The challenge is no doubt enormous. Your responsibility in Island Territories and the Government of New Zealand convey facing up to that challenge may be monumental. If I may their very best wishes to you. I have now very much pleasure say so, you are not sitting here today at the end of a journey. in declaring this first Session of this new Assembly open. Nor is it for you the end of the beginning. You can say that I would like to call upon Mr. Adee! to ,say a few words this is the beginning of the beginning. But trustful as we all to you, and perhaps, when he has spoken, a Member of the are in God, I have no reason but to trust that you will make Assembly might speak; I thought the Hon. Julian Dash wood it possible for generations of your people yet unborn to look might say a few words. back on this era in your history, and, in unison sing "Never in the history of a pe01)le was ~o much owed by so many ANNEX VIII to so few". Kia manuia Kotou Katoatoa. Address by the United Nations Representative Mr. President, Honourable Members, greetings. ANNEX IX On a historic and moving occasion such as this, I consider Legislative Assembly Paper No. I it a singular privilege and a great honour to be given the op Business Paper portunity of saying a few words. I hereby give notice that as at this date, 7th May 1965, First let me share a few confidences with you. I know I have received notice of the following business to be transacted that the Maori is a genius at oratory. I found this out at the at the First Meeting of the Eighth Session of the Legislative first umukai. The quality of the speeches which I heard was Assembly of the Cook Islands. second only to the delicacy of the food, and I have ever since found nothing more fearsome than to make a ·speech. Notice of Nlotions The remarks which I am about to make constitute-if any (i) Motion No. 1 thing at all-a mere attempt at putting into words things Hon. liilanea Tamarua to move: that I feel deep down in my heart about your great people "That this Assembly requests that the Resident Com and about the crucial phase through which you :are now passing. missioner shall ,remain in the chair until such time The great milestones which mark the history of your past that a Speaker is duly elected." are there for anyone to see. But the events which led to your election to this Assembly are exceptional. You are an insular (ii) Motion No. 2 people and great sailors. In my search for appropriate terms Ii on. P11puke Robati to move: in which to express what I believe to be the real significance "That the adoption of the Constitution be deferred of the experiment upon which you are entering, I thought until such time that the alternatives to self-govern of the lighter and its crew rowing ashore after a weary day ment are fully investigated and explained and the at sea. Only with dexterous and timely manoeuvring, would wishes of the people determined by Referendum." the crew ride majestically ashore on the crest of a wave. (iii) Motion No. 3 By the vote of 20 April, your people have placed their future Hon. Manea Tamarna to move: destiny in your hands. That is the true significance of the electors' choice. And, like the crew of the lighter, you are faced "That this Assembly recommends to the New with the chaJJenge of steering your people and country to the Zealand Government that section 32 of the Cook fulfilment of that destiny on the crest of the wave of op Islands Amendment Act 1957 as enacted in Section portunity which has become available to you with this meeting. 61 of the Cook Islands Amendment Act 1964 be further amended by the deletion of Section 32a (1) From what I have seen so far, I have no doubt that you (b) and (c) and inserting the following: will measure up to the challenge. And of course, I wish you well. If the Secreta,ry-General, whom I have the honour to 'Section 32a (1) (b)-In the case of a person represent, were here today, he woul_d say no Jes~. That :viii born in the Cook Islands, he has been ordinarily be the wish of the entire membership of the Umted Nations resident in the Cook Islands throughout the period of three months immediately preceding his ap as well. plication for enrolment as an elector, or nomina For the Government of New Zealaml, I have a well-deserved tion as a candidate. word of praise. No word can express th~ esteem with_ whi~h news of its invitation to the ~mted_ Nations was rece1;1ed_ m 'Section 32a (1) (c)-In the case of a person not many quarters, and it was with pn~e that the_ Orgamzat:on born in the Cook Islands, he has been ordinarily agreed to be associated, _even i~ only m a s1;1perv1sory capacity, resident in the Cook Islands throughout the period with this historic experiment m the exercise by a people of of one year immediately preceding his application for enrolment as an elector, or nomination as a their right to self-determination. candidate.'" Honourable Members, your election _to this Assembly 1:14rks a mere starting point on a long, and, if I may say so without and further- sounding pessimistic, hazardous :oad. I_ can as"Sure Y?U that "That similar amendments be affected in the Cook the interest of the United Nations will not end with our Islands Constitution." 56 Gene1·al Assembly-Twentieth Session-Annexes (iv) Motion No. 4 (ii) Suspension of Standing Orders Ho11. l\fanca Ta111ar1ta to move: "That Standing Orders be suspended in order to "That this Assembly recommends tlmt if the New allow the Executive Committee to be elected and Zealand Government accepts the recommendation motions debated and also to restrict the proceedings concerning electoral qualifications, the Cook Islands of this first meeting to Constitutional matters only." Legislative Assembly Regulations 1965 be amended Adopted 10 May 1965 accordingly and also that Regulation 28 requiring 65 clear days notice for an election be amended as (iii) Motion No. 1 so that only 14 days notice will be required if a "That this Assembly requests that the Resident Com by-election is held during the year ending 31 Decem missioner shall remain in the chair until such time ber, 1965." that a Speaker is duly elected." (v) Motion No. 5 Adopted 10 May 1965 1-I 011. l\Ianca Ta manta lo move: (Motion No. 2 was defeated 11 May 1965.) "That this Assembly recommends to the New Zealand Government that Article 13 of the proposed (iv) Motion No. 3 Cook Islands Constitution be amended as follows: "That this Assembly recommends to the New Zealand Article 13 (1) Government that Section 32a (1) (b) and (c) of the The words "and four other 1finisters'" be deleted Cook Islands Amendment Act 1957 as amended by the and the following substituted; Cook Islands Amendment Act 1964 be deleted and "and five other 1Iinisters." the following substituted- 'In the case of an elector or candidate he be (vi) Motion No. 6 allowed to vote and to stand as a candidate at any Hon. 1lla11ca Tamarua to move: election in the Cook Islands after having resided "That this Assembly recommends to the New in the Cook Islands for three months immediately Zealand Government that Article 4, and other preceding his application for enrolment, provided Articles which will be affected, of the proposed that he has for some period resided in the Cook Cook Islands Constitution be amended to make the Islands for not less than 12 months and this be High Commissioner only the representative of Her made retrospective to 17 November 1964.'" 1fajesty the Queen and in lieu of having two Arikis and further- in a Council of State a House of Arikis consisting "That similar amendments be effected in the Cook of one Ariki from each of the eight outer islands Islands Constitution." or island groups and six from Rarotonga be es tablished. The House of Arikis to be a consultative Adopted 12 May 1965 body with the Government in matters pertaining to (v) Alotion No. 1 land and Native Custom and any other matters on which the Government may require advice from "That this Assembly recommends that if the New the Arikis." Zealand Government accepts the recommendation con cerning electoral qualifications, the Cook Islands Legis (vii) Motion No. 7 lative Assembly Regulations 1965 be amended ac Ho11. Manca Tamarua to move: cordingly and also that Regulation 28 requiring 65 clea,r days notice for an election be amended so that "That this Assembly gratefully re-affirms its ac not less than 21 days but not more than 30 days notice ceptance of the principle of full internal Self-Govern will be required if a by-election is held during the ment for the Cook Islands, graciously offered by year ending 31 December 1965." the Government of New Zealand, trusting that the modifications to the draft Constitution to be re Adopted 14 May 1965 quested by this Assembly will meet the approval (vi) Motion No. S of the Government and Parliament of New Zealand." "That this Assembly recommends to the New Zealand (viii) Motion No. 8 Government that Article 13 of the proposed Cook Ho11. 11fana Strickland to move: Islands Constitution be amended as follows : "That this Assembly recommends that Dr. Manea Article 13 (1) Tamarua and one other person to be selected by the The words "and four other Ministers" be deleted and Executive Committee be authorized to travel to the following substituted: New Zealand at the first available opportunity to "and five other Ministers.'' consult with the Minister of Island Territories and Adopted 13 J1ay 1965 Select Committee to explain the proposals with a view to having the New Zealand Government accept (vii) Motion No. 6 the proposed changes to the Constitution." "This Assembly recommends to the New Zealand (Signed) J. M. Scan Government that there shall be a House of Arikis Clerk of the Legislative Assembly. consisting of one Ariki from each of the eight Outer Islands or island groups and six from Rarotonga. This House shall be a consultative body with the Govern ANNEX X ment in matters pertaining to land and native custom and any other matters on which the Government may Motions adopted at the First Meeting of the Eighth Session of the Legislative Assembly of the Cook Islands require advice from the Arikis. On matters pertaining to land and custom and any other matter specified OFFICE OF THE CLERK OF THE LEGISLATIVE ASSEMBLY by law the House of Arikis shall have the power to 20 May 1965 refer back to the Legislative Assembly and/or Cabinet up to three times and after the first time may demand (i) Motion of Appreciation to United Nations Mission to the consultation with the Cabinet. If there has been no Cook Islands reference back the first time within seven days, and "That this Assembly expresses appreciation of your within two days for the second or third time, the Delegation to our Islands." matter shall be considered to have been agreed to by Adopted 10 May 1965 the House of Arikis. Agenda items 23 and 24 57 "The High Commissioner shall retain the right to refer meet the approval of the Government and Parliament back as is already specified in the draft Constitution · of New Zealand.'' for the Council State. "Although it is at present recommended that there Adopted 19 May 1965 shall be a High Commissioner only who shall represent (ix) Motion No. 8 Her Majesty the Queen, the Government of the Cook "That this Assembly recommends that Dr. Manea Islands would look favourably on a propoosal that Tamarua and one other person to be selected by the an Ariki should also represent Her Majesty the Queen Executive Committee be authorised to travel to New if the House of Arikis so requested. Zealand at the first availahle opportunity to consult "No law shall be enforceable on any island where with the Minister of Island Territories and Select such law runs counter to traditional land usage unless Committee to explain the proposals with a view to requested by the Arikis and/or Kavanas of the island having the New Zealand Government accept the :and that the wishes of the Arikis be obtained before proposed changes to the Constitution." the Motion becomes part of the Constitution provided Adopted 17 May 1965 that the consent of the Arikis shall not have a bearing on the date of promulgation of the Self-Government (x) Motion of Urgency Constitution." "That this Assembly reaffirms New Zealand's solemn Adopted 18 May 1965 commitment to the International Community, namely (viii) Motion No. 7 the United Nations Organisation that the continuing "That this Assembly gratefully ,re-affirms its ac rights of the people of the Cook Islands to frame ceptance of the principle of full internal Self-Govern their future political status will remain unimpaired." ment for the Cook Islands, as embodied in the draft Adopted 19 May 1965 Constitution trusting that the modifications to the draft (Signed) J. M. ScoTT Constitution to be requested by this Assembly will Clerk of the Legis[a.tive Assembly DOCUMENT A/6154 Report of the Fourth Committee [ Original text: English l [10 December 1965] 1. The General Assembly, by resolution 2005 (XIX) Supervision of the Elections in the Cook Islands of 18 February 1965, authorized the supervision by the (A/5962). United Nations of the elections to be held in the Cook 4. The Fourth Committee considered the two items Islands in April 1965 and authorized the Secretary at its 1560th to 1563rd meetings, from 17 to 19 No General to appoint a United Nations Representative vember, and at its 1579th to 1581st meetings, on 8 and who would supervise those elections with the assistance 9 December. of the necessary observers and staff and observe the 5. At the 1560th meeting, on 17 November, the proceedings concerning the Constitution in the newly United Nations Representative for the Supervision of elected Legislative Assembly. Under the terms of the the Electi,ons in the Cook Islands presented his report resolution, the United Nations Representative was to to the Fourth Committee. At the same meeting, the report to the Special Committee on the Situation with Rapporteur of the Special Comi~1ittee on the Situatjon regard to the Implementation of the Declaration on the with regard to the Implementat10n of the Declaration Granting of Independence to Colonial Countries and on the Granting of Independence to Colonial Countries Peoples and to the General Assembly at its twentieth and Peoples introduced the chapters of the reports of session. that Committee concerning the Cook Islands. 2. At its 1336th plenary meeting, on 24 September 6. The Fourth Committee also had before it a note 1965, the General Assembly included in its agenda and by the Secretary-General (A/5961) conta_ining the allocated to the Fourth Committee item 23 (Implemen letter dated 13 August 1965, addressed to him by the tation of the Declaration on the Granting of Independ Permanent Representative of New Zealand, which con ence to Colonial Countries and Peoples: reports ·of the cerned constitutional developments in the Cook Islands Special Committee on the Situation with regard to the subsequent to the elections which took place on 20 April Irnplementation of the Declaration on the Granting of 1965. Independence to Colonial Countries and Peoples) and item 24 (Report of the United Nations Representative 7. The general debate on the items took place at the for the Supervision of the Elections in the Cook Is 1560th to 1563rd meetings, from 17 to 19 November. lands). At the same meeting, the General Assembly de 8. At the 1579th meeting, on 8 December, the repre cided that item 23, in its general aspects, should be sentatives of Togo and Pakistan introduced a draft allocated to plenary meetings, and that th~ chapte~s resolution, which was finally sponsored by Congo of the Special Committee's reports on specific Terri (Democratic Republic of), Guinea, Mauritania, Moroc tories, including those on the. Cook Islands, should be co, Nepal, Niger, Nigeria, Pakistan, the Philippines, referred to the Fourth Committee. Rwanda, Togo and Zambia (A/C.4/L.811/Rev.1 and 3. At its 1517th meeting, on 28 ?eptember 1965, Add.I). the Fourth Committee decided to c~nsider th~ chapters 9. At the same meeting, Ghana submitted an amend of the reports of the Special Committee relatmg to the ment (A/C.4/L.815) to the draft resolution to delete Cook Islands (A/5800/Rev.1, chal?ter XV; A/6000/ from operative paragraph 3 the words "from which Rev.1, chap. VIII) jointly with the item con_cernmg the date the Cook Islanders have had control of their in report of the United Nations Representative for the ternal affairs and of their future". 58 General Assembly-Twentieth Session-Annexes 10. The Committee decided that the statement made (a) The first amendment was adopted by 78 votes by the representative of Ghana introducing his delega to one, with 20 abstentions. tion's amendment (A/C.4/662 and Corr.I) and the ( b) The third amendment was adopted by a roll-call statement made by the representative of New Zealand vote of 49 to 17, with 34 abstentions. The voting was in reply (A/C.4/663) to the statement of the represen as follows: tative of Ghana, should be circulated as Committee In favour: Australia, Austria, Belgium, Bolivia, documents. Brazil, Canada, Ceylon, China, Denmark, Ethiopia, 11. At the same meeting, Liberia submitted the Finland, Greece, Guinea, India, Iran, Iraq, Ireland, following amendments (A/C.4/L.816) to the draft Israel, Italy, Ivory Coast, Japan, Jordan, Kuwait, resolution: . Liberia, Libya, Madagascar, Malawi, Malaysia, Mo 1. Insert, as operative paragraph 3, the following: rocco, Nepal, Netherlands, New Zealand, Niger, "Expresses its appreciation of the co-operation ex Nigeria, Norway, Pakistan, Panama, Philippines, tended to the United Nations by the Government of Rwanda, Saudi Arabia, Sierra Leone, Spain, Sweden, New Zealand in the study of the question of the Thailand, Togo, Turkey, United Kingdom of Great Cook Islands;" Britain and Northern Ireland, United States of America, Uruguay. 2. Number as operative paragraph 4 the present op erative paragraph 3. Against: Bulgaria, Byelorussian Soviet Socialist Re publics, Congo (Brazzaville), Cuba, Czechoslovakia, 3. Insert as operative paragraph 5, the following: Ghana, Hungary, Kenya, Mongolia, Poland, Romania, "Considers that since the Cook Islands have at Sudan, Syria, Uganda, Ukrainian Soviet Socialist Re tained full internal self-government, the transmission public, Union of Soviet Socialist Republics, Yemen. of information in respect of the Cook Islands under Abstaining: Afghanistan, Algeria, Argentina, Burma, Article 73 e of the Charter of the United Nations is Cameroon, Central African Republic, Chad, Chile, no longer necessary ;" Colombia, Congo (Democratic Republic of), Costa 4. Number as operative paragraph 6 the present op Rica, Cyprus, Dahomey, Ecuador, El Salvador, France, erative paragraph 4. Guatemala, Honduras, Jamaica, Mali, Mauritania, Mexico, Peru, Portugal, Senegal, Somalia, South 5. Add as operative paragraph 7 the following: Africa, Tunisia, United Arab Republic, United Republic "Expresses Hie hope that the United Nations De of Tanzania, Upper Volta, Venezuela, Yugoslavia, velopment Programme and the specialized agencies Zambia. will endeavour to contribute in every way possible to ( c) The fifth amendment was adopted by 76 votes the development and strengthening of the economy to none, with 23 abstentions. of the Cook Islands." ( d) The second and fourth amendments, containing 12. The draft resolution (A/C.4/L.811/Rev.l and consequential amendments, were adopted without ob Add.1) and the amendments thereto by Ghana ( A/C.4/ jections. L.815) and by Liberia (A/C.4/L.816) were voted Operative paragraph 3 of the draft resolution was upon at the 1580th meeting, on 8 December, as follows : adopted by a roll-call vote of 65 to 16, with 18 absten The amendment proposed by Ghana to operative tions. The voting was as follows : paragraph 3 was rejected by a roll-call vote of 29 to 28, In favour: Afghanistan, Argentina, Australia, Aus with 43 abstentions. The voting was as follows : tria, Belgium, Bolivia, Brazil, Canada, Central African Republic, Ceylon, Chad, Chile, China, Colombia, Costa In favour: Algeria, Bulgaria, Byelorussian Soviet Rica, Denmark, Ethiopia, Finland, Greece, Guatemala, Socialist Republics, Cameroon, Congo (Brazzaville), Guinea, Honduras, India, Iran, Iraq, Ireland, Israel, Congo (Democratic Republic of), Cuba, Cyprus, Czecho Italy, Ivory Coast, Jamaica, Japan, Jordan, Kuwait, slovakia, Dahomey, Ghana, Hungary, Kenya, Mon Liberia, Libya, Madagascar, Malaysia, Mali, Maurita golia, Poland, Romania, Somalia, Sudan, Syria, Tunisia, nia, Mexico, Morocco, Nepal, Netherlands, New Zea Uganda, Ukrainian Soviet Socialist Republic, Union of land, Niger, Nigeria, Norway, Pakistan, Panama, Peru, Soviet Socialist Republics, United Arab Republic, Philippines, Rwanda, Sanda Arabia, Sierra Leone, United Republic of Tanzania, Yemen, Yugoslavia, South Africa, Spain, Sweden, Thailand, Togo, Turkey, Zambia. United Kingdom of Great Britain and Northern Ire Against: Australia, Austria, Belgium, Canada, Ceylon, land, United States of America, Upper Volta, Uruguay, China, Denmark, Finland, France, Greece, Ireland, Venezuela. Italy, Jamaica, Japan, Liberia, Malaysia, Nepal, Nether Against: Bulgaria, Byelorussian Soviet Socialist ~e lands, New Zealand, Nigeria, Norway, Pakistan, Philip public, Congo (Brazzaville), Cuba, Czechoslovakia, pines, Rwanda, South Africa, Spain, Sweden, Thailand, Ghana, Hungary, Kenya, Mongolia, Poland, Ro1:1ania, Turkey. Uganda, Ukrainian Soviet Socialist Republi~, Union of Abstaining: Afghanistan, Argentina, Bolivia, Brazil, Soviet Socialist Republics, United Republic of Tan· Burma Central African Republic, Chad, Chile, Colom zania, Yemen. bia, C~sta Rica, &uador, El Salvador, Ethiopia, Gua Abstaining: Algeria, Burma, Cameroon, Congo temala, Guinea, Honduras, India, Iran, Iraq, Israel, (Democratic Republic of), Cyprus, Dahomey, Ecuador, Ivory Coast, Jordan, Kuwait, Libya, Madagascar, El Salvador, France, Portugal, Senegal, ~omalia, Sud~n Malawi, Mali, Mauritania, Mexico, Morocco, Niger, Syria, Tunisia, United Arab Republic, Yugoslavia, Panama, Peru, Portugal, Saudi Arabia, Senegal, Zambia. Sierra Leone, Togo, United Kingdom of Great Britain Operative paragraph 4 of the draft resolution was and Northern Ireland, United States of America, Upper adopted by 86 votes to 4, with 6 abstentions. Volta, Uruguay, Venezuela. The draft resolution as a whole, as amended, was The amendments proposed by Liberia were voted upon adopted by a roll-call vote of 76 to none, with 24 as follows: abstentions. The voting was as follows: < Agenda items 23 and 24 59 In favour: Afghanistan, Argentina, Austria, Belgium Abstaining: Algeria, Australia, Bulgaria, Byelorus Bolivia, Brazil, Burma, Cameroon, Canada, Centrai sian Soviet Socialist Republic, Congo (Brazzaville), African Republic, Ceylon, Chad, Chile, China, Colom Cu1:ia, Czechoslovakia, France, Ghana, Hungary, Mon bia, Congo (Democratic Republic of), Costa Rica, golia, Poland, Portugal, Romania, Senegal, South Cyprus, Dahomey, Denmark, Ecuador, El Salvador, Africa, Sudan, Syria, Tunisia, Uganda, Ukrainian So Ethiopia, Finland, Greece, Guatemala, Guinea, Hon viet Socialist Republic, Union of Soviet Socialist Re duras, India, Iran, Iraq, Ireland, Israel, Italy, Ivory publics, United Kingdom of Great Britain and Northern Coast, Jamaica, Japan, Jordan, Kenya, Kuwait Liberia, Ireland, United States of America. J Libya, Madagascar, Malaysia, Mali, Mauritania, Mexico, 1 Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Recommendation of the Fourth Committee Niger, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Rwanda, Saudi Arabia, Sierra Leone, 13. The Fourth Committee therefore recommends to • Somalia, Spain, Sweden, Thailand, Togo, Turkey, the General Assembly the adoption of the following United Arab Republic, United Republic of Tanzania, draft resolution : Upper Volta, Uruguay, Venezuela, Yemen, Yugoslavia, [Text adopted by the General Assembly without Zambia. change. See "Action taken by the General Assembly" Against : None. below.] DOCUMENTS A/C.4/L.8ll/REV.l * AND ADD.I** Congo (Democratic Republic of), Guinea, Mauritania, Morocco, Nepal, Niger, Nigeria, Pakistan, Philippines, Rwanda, Togo and Zambia: revised draft resolution [Original text: Englishl [ 3 December 1965] The General Assembly, • Having heard the statements made by the United Nations Representative and the representative of New Recalling its resolution 1514 (XV) of 14 Decem ber 1960, Zealand, Recalling its resolution 2005 (XIX) of 18 February Noting that under the Constitution which came into 1965 authorizing the Secretary-General to appoint a force on 4 August 1965, the people of Cook Islands United Nations Representative to supervise the elec have reserved their right to move to a status of com tions to be held in the Cook Islands under New Zealand plete independence, administration and to observe the proceedings concern 1. Approves the chapters of the reports of the Spe ing the Constitution in the newly elected Legislative cial Committee on the Situation with regard to the Im Assembly, plementation of the Declaration on the Granting of Having examined the chapters of the reports of the Independence to Colonial Countries and Peoples re Special Committee on the Situation with regard to the la ting to the Cook Islands; Implementation of the Declaration on the Granting of 2. Notes the findings and conclusions of the United Independence to Colonial Countries and Peoples relat Nations Representative for the Supervision of the Elec ing to the Cook Islands (A/5800/Rev.1, chap. XV and tions in the Cook Islands and expresses its high appre A/6000/Rev.1, chap. VIII) including the s_tatements ciation to the Representative and his staff; made in the Special Committee by the Premier of the 3. N ates that the Constitution of Cook Islands came Cook Islands, into force on 4 August 1965, from which date the people Having considered the report of the United Nations of the Cook Islands have had control of their internal Representative for the supervision of the elections in the affairs and of their future; Cook Islands and the information on subsequent de velopments (see A/5961), 4. Reaffirms the responsibility of the United Nations, under resolution 1514 (XV) of 14 December 1960, to * Incorporating document A/C.4/L.811/Rev.l/Corr.l. assist the people of Cook Islands in the eventual ** Document A/C.4/L.811/Rev.1/ Add.I, dated 8 December achievement of full independence, if they so wish, at a 1965 indicated the addition of Zambia to the list of sponsors future date. of the draft resolution. ACTION TAKEN BY THE GENERAL ASSEMBLY At its 1398th plenary meeting, on 16 December 1965, the Ge:1eral Assembly adopted the draft resolution submitted by the Fourth Committee (A/6154, para. 13). For the final text, see resolution 2064 (XX) below. Recalling its resolution 2005 (XIX) of 18 February Resolution adopted by the General Assembly 1965 authorizing the Secretary-General to appoint a United Nations representative to supervise the elections 2064 (XX). QUESTION OF THE CooK ISLANDS to be held in the Cook Islands under New Zealand ad The General Assembly, ministration and to observe the proceedings concerning the Constitution in the newly elected Legislative As- Recalling its resolution 1514 (XV) of 14 Decem sembly, ber 1960, 60 General AMemhly-Twentieth Session-Annexes Having examined the chapters of the reports of the tions in the Cook Islands and expresses its high Special Committee on the Situation with regard to the ciation to the Representative and his staff; Implementation of the Declaration on the Granting of 3. Expresses its appreciation of the co-oper: .!:i Independence to Colonial Countries and Peoples re tended to the United Nations by the Govenm. lating to the Cook Islands (A/5800/Rev.1, chap. XV; New Zealand in the study of the question of the A/6000/Rev.l, chap. 8) including the statements made Islands; in the Special Committee by the Premier of the Cook Islands, 4. Noles that the Constitution of the Cook L, · came into force on 4 August 1965, from which L ' Hm:ing considered the report of the United Nations the people of the Cook Islands have had contrni c' Representative for the Supervision of the Elections in their internal affairs and of their future; the Cook Islands (A/5962) and the information on subsequent developments (A/5961), 5. Considers that since the Cook Islands ha, e ~· tained full internal self-government, the transrr s, H avin.lJ lzeard the statements made by the United of information in respect of the Cook Islands und Nations Representative for the Supervision of the Elec Article 73 e of the Charter of the United Natio ~s · tions in the Cook Islands and the representative of no longer necessary ; New Zealand, 6. Reaffirms the responsibility of the United Na Noting that, under the Constitution which came into under General Assembly resolution 1514 (XV' force on 4 August 1965, the people of the Cook Islands assist the people of the Cook Islands in the evt haYe reserved their right to move to a status of com achievement of full independence, if they so wish. plete independence, future date; 1. Approves the chapters of the reports of the Spe 7. E:cpresses the hope that the United Natior: cial Committee on the Situation with regard to the velopment Programme and the specialized agencic. Implementation of the Declaration on the Granting of endeavour to contribute in every way pos~ible h Independence to Colonial Countries and Peoples re development and strengthening of the economy o: lating to the Cook Islands; Cook Islands. 2. N ates the findings and conclusions of the United 1398th plenary meeti _q, Nations Representative for the Supervision of the Elec- 16 December 19d. CHECK LJST OF DOCUMENTS NOTE. This check list includes the documents mentioned during the joint consideration of agenda items 23 and 24 which are not reproduced in the present fascicle. Document }lo. Title Observations and references A/5800/Rev.1 Report of the Special Committee on the Situation with regard to the Official Records of the Gen Implen,entation of the Declaration on the Granting of Independence eral Assembly, Nineteenth to Colonial Countries and Peoples Session, Annexes, annt No. 8, (pa,rt I) .\/5880 Letter dated 2 February 196: from the Permanent Representative of Ibid., annex No. 8 (par• F1 :-Jew Zealand to the Unite- Nations addressed to the Secretary General A/5882 1': ote by the Secretary-General Ibid. A/5885 Letter dated 16 Februa•ry 1965 from the Permanent Rep_resentative of Ibid. the Union of Soviet Socialist Republics to the United Nations addressed to the President of the General Assembly A/6000/Rev.1 Report of the Special Committee. on the Situation. with regard to the Ibid., Twentieth Session, Ar Implementation of the Declarat10n on the Grantmg of Independence nexes, atldendum to agend" to Colonial Countries and Peoples item 23 :\/C.4/622 Statement by the representative of Ghana at the 1579th meeting of the Mimeographed; for summa1,> and Corr.! Fourth Committee see A/C.4/SR.1579, paras 9-24 A/C.4/663 Statement by the representative of New Zealand at the 1579th meeting Idem, paras. 28-35 of the Fourth Committee A/C.4/L.811 Algeria, <:;ongo (Dem_ocr':tic Rep_ublic of): _Gu_inea, Liberia, Mauritania: Replaced by A/C.4/L.81 Morocco, Niger, N1gena, Pakistan, Phihppmes, Rwanda and Togo. Rev.1 and Add.l draft resolution A/C.4/L.815 Ghana: amendment to document A/C.4/L.811/Rev.l and Add.l See A/6154, para. 9 A /C.4/L.816 Liberia: amendments to document A/C.4/L.811/Rev.1 and Add.1 Ibid., para. 11 A/C.4/L.818 Draft report of the Fourth Committee Same text as A/6154 Printed in U.S.A. 2684S-October 1966- 2. -,