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Arikis) Was Omitted and It Was Provided That the Func­ at a Special Session on 4 August, Mr 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
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