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Converging Currents Custom and Human Rights in the Pacific
September 2006, Wellington, New Zealand | STUDY PAPER 17 CoNvERgiNg CURRENTS Custom and human rights in the paCifiC The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Right Honourable Sir geoffrey Palmer – President Dr Warren Young – Deputy President Honourable Justice Eddie Durie Helen Aikman qC The Manager of the Law Commission is Brigid Corcoran The office of the Law Commission is at 89 The Terrace, Wellington Postal address: Po Box 2590, Wellington 6001, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473–3453, Facsimile: (04) 914–4760 Email: [email protected] internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Custom and human rights in the Pacific / Law Commission. (Study paper, 1174-9776 ; 17) iSBN 1-877316-08-3 1. Customary law—oceania. 2. Human rights—oceania. 3. Civil rights—oceania. i. Title. ii. Series: Study paper (New Zealand. Law Commission) 340.5295—dc 22 Study Paper/Law Commission, Wellington 2006 iSSN 1174-9776 iSBN 1-877316-08-3 This study paper may be cited as NZLC SP17 This study paper is also available on the internet at the Commission’s website: www.lawcom.govt.nz <http://www.lawcom.govt.nz> LawCommissionStudyPaper He Poroporoaki The New Zealand Law Commission acknowledges with deep regret the passing of two notable Pacific leaders shortly before the printing of this study, the Maori queen and the King of Tonga. -
Law of Thesea
Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 82 asdf United Nations New York, 2014 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. Copyright © United Nations, 2013 Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ......................................................... 1 Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks ................................................................................................................ 1 1. Table recapitulating the status of the Convention and of the related Agreements, as at 31 July 2013 ........................................................................................................................... 1 2. Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements, as at 31 July 2013 .......................................................................................... 9 a. The Convention ....................................................................................................................... 9 b. -
V6n1-185-189-Politicalrev.Pdf
POLITICAL REVIEWS the deed would supersede. For an offi injunction in the High Court against it. cial document, the method of signing Justice Heron denied the injunction on was not rigorous or systematic. The the ground that the deed cast obliga deed was between the Crown and iwi, tions only on those who signed it. The but the six leading signatories are des case went to the Appeal Court where it ignated Maori negotiators. The iwi was dismissed by Sir Robin Cooke, that they represented did not appear who ruled that Parliament was free to beside their names. Six other signatures enact legislation on the lines envisaged appeared without iwi designations. in the deed (New Zealand Herald, 4 There were also multiple signings of Nov 1992). the deed by three signatories. One man Chair ofthe Tribal Congress Api signed twice, once as a negotiator, and rana Mahuika sided with the dissenting once on behalf of the Tribal Congress. tribes. He warned that the issue would This paralleled the action of Chief Te come back to haunt the government. It Rauparaha, who signed the original happened sooner than expected. Six Treaty ofWaitangi twice. But the deed Maori members ofParliament, two of goes one better by collecting the signa them on the government's side, tures oftwo men three times. One opposed the Sealord's Settlement Bill signed on behalf ofhis tribe, and on when it was introduced in the house. behalf oftwo others who were not There was further embarrassment represented. Sir Graham Latimer when Tamati Reedy, a member ofthe signed as a Maori negotiator, president Tribal Congress, pleaded at the United of the Maori Council, and litigant in Nations for an investigation into viola the Maori fisheries claim. -
Forum Election Observer Report Niue
PACIFIC ISLANDS FORUM SECRETARIAT NIUE NATIONAL ELECTIONS 2017 REPORT OF THE PACIFIC ISLANDS FORUM ELECTION OBSERVER TEAM INTRODUCTION 1. At the invitation of the Government of Niue, the Pacific Islands Forum Secretariat deployed a Forum Election Observer Team to Alofi, Niue, from 28 April – 11 May 2017, to observe the Niue General Elections on 6 May 2017. The Forum Election Observer Team (the Forum Team or The Team) comprised of Mrs. Benateta Betero, Electoral Commissioner of the Republic of Kiribati (Team Leader), who was supported by a Secretariat staff member (see Annex 1). 2. The Forum Team was based in Niue’s capital, Alofi, and met with a wide range of stakeholders including senior Government representatives; civil society (including youth, women and disability groups) and faith-based organisations; private sector; election candidates; media representatives; and members of the diplomatic corps based in Alofi. A list of stakeholders consulted is attached at Annex 2. On 6 May, Election Day, the Forum Team deployed across the island of Niue, visiting all 14 constituencies. The Team observed all aspects of the elections across the polling stations including the pre-polling environment, the opening of polls, casting of votes, closing of polling, and the counting of votes. CONTEXT 3. Niue is an island nation with a total land mass of 260 square kilometres located 930 kilometres west of the Cook Islands, 660 kilometres south of Samoa, and 2400 kilometres northeast of New Zealand. As of 2016, Niue is home to 1612 people. There are 14 villages around the island, and Alofi, located on the Western coast, with a population of around 760 people. -
Volume 1.Pdf
NIUE LAWS TAU FAKATUFONO-TOHI A NIUE LEGISLATION AS AT DECEMBER 2006 VOLUME 1 TOHI 1 CONSTITUTION STATUTES A – COMPANIES GOVERNMENT OF NIUE, ALOFI 2006 Copyright 2006 All rights reserved Enquiries concerning the copyright material should be addressed to the Crown Law Office, Alofi, Niue Compiled in the Faculty of Law, Victoria University of Wellington by Professor AH Angelo with the assistance of Nicola Scott Printed by Stylex Print, Palmerston North, New Zealand Niue Laws 2006 Vol 1 iv CONTENTS Foreword ................................................................................................................ iii Editorial Note ........................................................................................................ xi VOLUME ONE PART 1 – LEGISLATION TABLES Table of Constitutional Instruments .................................................................. xv Table of Acts in Force ........................................................................................... xvii Chronological Table of Statutes .......................................................................... xxxi Table of Subsidiary Legislation in Force............................................................ xlv Chronological Table of Subsidiary Legislation................................................. lv CONSTITUTIONAL INSTRUMENTS Constitution of Niue............................................................................................. 1 Ko e Fakatufono-Tohi Fakave A Niue ............................................................... -
GOVERNMENT of NIUE Niue's Experience, Opportunities And
CABINET AND PARLIAMENTARY SERVICES DEPARTMENT NIUE LEGISLATIVE ASSEMBLY GOVERNMENT OF NIUE 50th PRESIDING OFFICERS & CLERKS CONFERENCE BRISBANE, AUSTRALIA 9 – 13 JULY, 2019 Niue’s Experience, Opportunities and Precincts CO-PRESENTED BY THE SPEAKER & CLERK OF THE NIUE LEGISLATIVE ASSEMBLY HON TOGIAVALU PIHIGIA & CHERIE MORRIS-TAFATU VISION NIUE KE MONUINA – A PROSPEROUS NIUE RATIONALE To build a sustainable future that meets Niue’s economic and social needs while preserving environmental integrity, social stability, and the Niue culture 7.Private 7 NATIONAL 6.Taoga Niue Sector DEVELOPMENTNATIONAL DEVELOPMENT PILLARS PILLA (Heritage) Development 1.Financial 5.Environment Stability 2.Governance 3.Economic 4.Social ce Developme nt pg. 2 Niue’s Experience, Opportunities and Precincts – 50th Presiding Officers & Clerks Conference Overview This Paper will provide a snapshot of the key activities of the Niue Legislative Assembly, opportunities and the environment in which they operate enshrined in the Supreme Law of the Country as its mandate and compass to fulfil the aspirations of the national vision of Niue. Introduction The Supreme Law of Niue is the Constitution of Niue and Act assented in 1974. The Schedule of the Niue Constitution Act is the machinery that drives the business of the Government of Niue of which there are 3 arms; one being the Executive which comprises of Cabinet, second is the Legislative and the third one is the Judiciary. Separation of powers is clearly demarcated in the Constitution. It also provides for a Legislative of 20 members of Parliament,; 14 Village Constituencies and 6 Common roll members. The Standing Orders of the Niue Legislative Assembly sets out how the business of government should be conducted which cascades and filters down through the different levels in the hierarchical ladder encompassing the activities highlighted in this Paper. -
Sovereignty, Self-Determination and the South-West Pacific a Comparison of the Status of Pacific Island Territorial Entities in International Law
http://researchcommons.waikato.ac.nz/ Research Commons at the University of Waikato Copyright Statement: The digital copy of this thesis is protected by the Copyright Act 1994 (New Zealand). The thesis may be consulted by you, provided you comply with the provisions of the Act and the following conditions of use: Any use you make of these documents or images must be for research or private study purposes only, and you may not make them available to any other person. Authors control the copyright of their thesis. You will recognise the author’s right to be identified as the author of the thesis, and due acknowledgement will be made to the author where appropriate. You will obtain the author’s permission before publishing any material from the thesis. Sovereignty, Self-Determination and the South-West Pacific A comparison of the status of Pacific Island territorial entities in international law A thesis submitted in partial fulfilment of the requirements for the degree of Master of Laws at The University of Waikato by Charles Andrew Gillard The University of Waikato 2012 iii ABSTRACT This paper compares the constitutional arrangements of various territorial entities in the South-West Pacific, leading to a discussion of those entities‟ status in international law. In particular, it examines the Cook Islands, Niue, Tokelau, Norfolk Island, French Polynesia, New Caledonia and American Samoa – all of which are perceived as „Territories‟ in the international community – as a way of critically examining the concept of „Statehood‟ in international law. The study finds that many of these „Territories‟ do not necessarily fit the classification that they have been given. -
Theparliamentarian
100 years of publishing 1920-2020 TheParliamentarian Journal of the Parliaments of the Commonwealth 2020 | Volume 101 | Issue Four | Price £14 THE RELATIONSHIP BETWEEN SOCIAL MEDIA AND PARLIAMENTARY DEMOCRACY IN THE COMMONWEALTH PAGES 308-323 PLUS The City of London, its Hansard Technology: Parliamentary Why Women’s Remembrancer and All Change for the Expressions & Leadership Matters the Commonwealth Official Report Practices in the During COVID-19 and Commonwealth Beyond PAGE 334 PAGE 338 PAGE 340 PAGE 350 IN TIMES LIKE THESE PARLIAMENTS NEED ALL THE RESOURCES THEY CAN GET! DOWNLOAD CPA’S NEW PUBLICATION NOW www.cpahq.org/cpahq/modellaw THE CPA MODEL LAW FOR INDEPENDENT PARLIAMENTS Based on the important values laid down in the Commonwealth Latimer House Principles and the Doctrine of the Separation of Powers, the Commonwealth Parliamentary Association (CPA) has created a MODEL LAW FOR INDEPENDENT PARLIAMENTS. This draft legislation is aimed at Commonwealth Parliaments to use as a template to create financially and administratively independent institutions. Specifically, the Model Law enables Parliaments to create Parliamentary Service Commissions and to ensure Parliaments across the Commonwealth have the resources they need to function effectively without the risk of Executive interference. www.cpahq.org STATEMENT OF PURPOSE The Commonwealth Parliamentary Association (CPA) exists to connect, develop, promote and support Parliamentarians and their staff to identify benchmarks of good governance, and implement the enduring values of the Commonwealth. Calendar of Forthcoming Events Updated as at 16 November 2020 Please note that due to the COVID-19 (Coronavirus) global pandemic, many CPA events, conferences and activities have been postponed or cancelled. -
Admission of New Members and Associate Members
(^Ш/ World Health Organization ^^^^ Organisation mondiale de la Santé FORTY-SEVENTH WORLD HEALTH ASSEMBLY Provisional agenda item 11 A47/INF.DOC./1 11 April 1994 Admission of new Members and Associate Members The Director-General has the honour to bring to the attention of the Health Assembly a background paper submitted in support of the application by Niue for membership of the World Health Organization (see document A47/35). A47/INF.DOC./1 ANNEX APPENDIX I CONSTITUTIONAL AND INTERNATIONAL STATUS OF NIUE (November 1993) 1. Niue is a self-governing state in free association with New Zealand. It is a large uplifted coral atoll with an area of some 260 squares kilometres situated in the South Pacific 550 kilometres west of the Cook Islands. Its administrative centre is Alofi. Niue's culture and language are related to, but distinct from, those found elsewhere in Polynesia. It's population in 1993 stood at 2200 having fallen from nearly 5000 in 1971. Many Niueans migrated to New Zealand both before and after the attainment of self-government in 1974• 2 • The people of Niue freely chose the status of self- government in association with New Zealand in preference to that of full independence or of political integration with New Zealand. The General Assembly of the United Nations recognised Niue's act of self-determination in Resolution 3285 (XXXIX) on 13 December 1974• Earlier that year, the New Zealand Associate Minister of Foreign Affairs, the Hon Joe Walding, informed the General Assen±>ly that; "On 19 October New Zealand and Niue will end their relationship of administering Power and Non-self-Governing Territory: we will enter a new period of partnership on a basis of equality. -
Coastal Management Profiles : a Directory of Pacific Island Governments and Non-Government Agencies with Coastal Management Related Responsibilities
A Directory of COASTAL Pacific Island MANAGEMENT Governments and non Government PROFILES Agencies with Coastal Management related Responsibilities henfeld ac W vid Da Photo: SPREP South Pacific Regional Environment Programme SPREP Library Cataloguing-in-Publication Data Coastal Management Profiles : A Directory of Pacific Island Governments and non-Government Agencies with Coastal Management Related Responsibilities. – Apia, Samoa : SPREP, 1999. vi, 205 p. ; 29 cm ISBN: 982-04-0198-4 1. Coastal zone management – Oceania – Directories. 2. Coastal engineering - Oceania – Directories. I. South Pacific Regional Environment Programme. 025.1641 Published in June 1999 by the South Pacific Regional Environment Programme PO Box 240 Apia, Samoa Email: [email protected] Website: http://www.sprep.org.ws/ Produced by SPREP Edited by Carole Hunter Layout and design by Andreas Wagner (WWd, Australia) email: [email protected] Cover photo: David Wachenfeld (Triggerfish Images, Australia) email: [email protected] Typeset in 9.5/12 (New Century Schoolbook) Printed on recycled paper 90gsm Savannah Matt Art (60%) by Quality Print Ltd, Fiji © South Pacific Regional Environment Programme, 1999. The South Pacific Regional Environment Programme authorises the reproduction of this material, whole or in part, in any form provided appropriate acknowledgement is given. Original Text: English SPREP’s Climate Change and Integrated Coastal Management Programme COASTAL MANAGEMENT PROFILES A DIRECTORY OF PACIFIC ISLAND GOVERNMENTS AND NON GOVERNMENT AGENCIES WITH COASTAL MANAGEMENT RELATED RESPONSIBILITIES South Pacific Regional Environment Programme FOREWORD hese Coastal Management Profiles are a direct response to country requests for a directory containing guidance on who is doing what Tin coastal management within the Pacific islands region. -
Customs and Constitutions: State Recognition of Customary Law Around the World
Customs and Constitutions: State recognition of customary law around the world Katrina Cuskelly i Customs and Constitutions: State recognition of customary law around the world Katrina Cuskelly ii The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The views expressed in this publication do not necessarily reflect those of IUCN. Published by: IUCN, Asia Regional Office, Bangkok, Thailand Copyright: © 2011 IUCN, International Union for Conservation of Nature and Natural Resources Reproduction of this publication for educational or other non-commercial purposes is authorized without prior written permission from the copyright holder provided the source is fully acknowledged. Reproduction of this publication for resale or other commercial purposes is prohibited without prior written permission of the copyright holder. Citation: Cuskelly, Katrina. (2011). Customs and Constitutions: State recognition of customary law around the world. IUCN, Bangkok, Thailand. vi + 151 pp. ISBN: 978-2-8317-1429-5 Produced by: IUCN Regional Environmental Law Programme, Asia, Bangkok, Thailand Cover image: Wheel of Dharma, Jokhang Monastery, Tibet © iStockphoto LP Available from: IUCN Publications Services, www.iucn.org/publications iii Table of Contents Foreword .......................................................................................................................... -
Niue Public Financial Management
Niue Public Financial Management - Performance Report FINAL REPORT August 2011 Table of contents Abbreviations and Acronyms i Summary Assessment ii 1 Introduction 1 1.1 Objective of the Public Financial Management (PFM)-Performance Report (PR) 1 1.2 Process of preparing the PFM-PR 1 2 Country background information 3 2.1 Description of country economic situation 3 2.2 Description of budgetary outcomes 5 2.3 Description of the legal and institutional framework for PFM 6 3 Assessment of the PFM systems, processes and institutions 8 3.1 Budget Credibility 8 3.2 Comprehensiveness and transparency 12 3.3 Policy-based budgeting 16 3.4 Predictability and control in budget execution 18 3.5 Accounting, recording and reporting 27 3.6 External Scrutiny and Audit 30 3.7 Donor practices 32 4 Government (PFM) reform process 35 4.1 Description of recent and on-going reforms 35 4.2 Institutional factors supporting reform planning and implementation 35 Annex A Summary Table of Performance Indicators 36 Annex B Terms of Reference 41 Annex C People consulted/ Workshop attendees 48 Annex D List of documents consulted 50 Annex E Treasury Organisation Structure 52 Annex F Calculation of Variances 53 Niue Draft PFM Performance Report Abbreviations and Acronyms AusAID Australian Agency for International Development BCN Broadcasting Corporation of Niue COFOG Classification of Functions of Government FMIS Financial Management Information System FY Financial Year GDP Gross Domestic Product GFS Government Financial Statistics GoN Government of Niue IMF International