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S-0443-0066-0005-00005 UC.Tif r .. ·\II • •• ~ ~ ;.I r, $, ,,. ~~ ;,)' ill il1 !1' • :i ~1 ., 1' .. (ti { -91- ,. ~· ;:... ;, ...t;. I" ,,. I, ' if. ""' .~ ,- with th Gove=nmcnt in mntters pertaining to land and native cu tom and any other mattcrs lon whlch tho Government mey require ad.vice from the .J.ri is. On mn.tters t pertaining to la.nd and custom and any other matter specified by law the Rouse of .Arikis tho..il ho.ve the power to rcfe:r back to the Lecislo.tivc As embly and/or , . l Cabinet up to three times,and after the first time may demand c nsultntion wita the ' Cabinet If there hes been no reference back the first time w thin seven dcys, nod ~ ,. within wo deys for the second or third time, the mat'-er shall e consid erod to have bei n c.6Tecd to by the liouse of A.r i kis. {, " ~· Thi High Commissioner shall retain the right to refer bnck as is already ~ .11 " specifi tl in the draft Constitution for the Council of, State. ~- (t ., ,., Al hough it is at prosent recommended that there shall be High Commissioner only,who s:1c.ll represent cler Majesty the Queen, the Government f the Cook Islands . i '" . would 1J o!c f:l.vourably on a proposal thct o.n .Ariki should also r present Her 1,:ajesty ., the Queen if the House cf 1.rikis so requested • 'ii: I •. No j law shall be enforceable on ony is?and where such law r ns counter to "Ill' ,v; ~ tradi ti I nd b.nd uso.ge unless re quo sted by the A.riki s and/or Ka a.na.s of the isl and" • ... ..,. ''-,., ti" 292. In a fWfther discussion on the motion before the House adjourne for the clay, the &, , Opposition Stl.bmitted an amenclment ~reposing that the following words be added at the r,!' .. end of .it: ¾ ,,. J,· C "nnJ th t the wishes of the ;..rikis be obtained before this moti n becomes po.rt of the 1onstitution." 293. In adjol rning the Asse □bly, the ?resident said that he, Dr. Trun ua, the Leader Qf Governmen 3usiness, a.nd l..x. Albert Henry, the Leader of the Cook Isl.ands Pa...-ty, were boarding a s1ip in the afternoon of that day fJr New Zea.land, lle ten made~ statement, in which he iiaic.: It 1rns jh0 democratic right of the peo1)le t o elect those whom t to represe t them in the Le~islaturo, end it was the rit,ht of thos who were elected to have freedom of speec~. It might seem oppressive to the mi ority when they ... a.re c1ef c.tec1. n.nd the mc. jo:::i ty mi cht be annoyed by the mi ncrit y • Ilut it a::; t:1e duty of tho mr,jori ty to brinG forw::i.rd what they was good V for the peo:,le. It was tha right of the minority to point they considered ,, "" to be cllfectn with re~crd to the actions of the majorirty. He ur6c mem!)ers ~' ,.,. II'." not to nlw ~o heo.rt the c.eb ete thet had taken place aero ss the floor of the House. .I 'lo.. ... , That we. '.:.l1e essence of c',. emocracy. He wished to say bow muc~1 enjoyed the I ~ & strengt of t:1e debatin.s . di thout r.wr.aing to criticize thtil Assemblies, the debate i -';,:10 :;_1resent 1.sscmbly was wi th:mt doubt the best • • o.11 the .embers on th.:: s:;_)lendid manner in which they presented 1eir arguments. ~ I ~ . ,, •<' " / ... Jj 1 k • l ,,. ' 1" w " :J ; " ,>1 ~ '41 .., ~, f \, ' .. ,., l! ., ~ ' " " t '- "' r~ "t.. I ,i}. ail frt t'I ~ a , .,,. 'I I {l ~ .. • ~ ... • 'll, ,, " ' " ~ ~ -92- There had been a small difference with the Chair, but he had no doubt about the regard which members had for the Chair. He would convey the good wishes of the members to the Minister for Island Territories and the Parliament of New Zealand when he got to We llington. 294. He informed the House that in his absence Mr, M.L. Hegan, Secretary to the Government, would act as President of the Assembly. 295 . Dr. Tamarua, Leader of Government Business, said in his absence he was appointing Mr . Strickland, his Deputy, as Acting Leader of Government Business. 296 . In a short speech, Mr. Henry, Opposition member, wished the delegation to New Zealand a pleasant trip. The Opposition had hoped for a three-man delegation in which they were all set to place their faith and trust. The whole House, he was sure, would support him if he said that the Assembly and the people were putting their faith and trust in the three 'members of the delegation and it was their hope that the delegation would be honest and do justice by the Assembly. 297. Dr. Tamarua in a brief reply thanked Mr, Jenry for his kind words and pledged that the delegation would do its best to deserve the trust which Mr. Henry, on behalf of the Assembly, had placed in it. Whatever the deliberations in New Zealand, Dr. Tamarua said, the delegation would act in the best interest of the whole of the people of the Cook Islands. 298. On 18 May, the Assembly continued consideration of the motion dealing with the proposed House of Ariki s. Two further amendments were proposed. Under one, the ' amendment which had been introduced by the Opposition was further amended by the Majority Party to the effect that the consent of the Arikis should be sought, provided such consent would have no bearing on the date for the promulgation of the draft cons titutio ·n. Mr. William Estall, the Opposition spokesman, also : proposed- an amendment which would have the Assembly request the establishment of a House comprising all the Arikis of the Cook Islands. 299. In compliance with the Assembly's Standing Orders which provided that in a debate the last of a series of amendments on the same question should be taken first, the Assembly first considered the sub-amendment of the Majority Party and which, following a brief discussion, was carrie-.~ by a vote of 12 in favour and 8 against. 300. The President then called for consideration of the OppQsition amendment, as amended, and which in its revised form, read as follows: "That the wishes of the Arikis be obtained before the motion becomes part of the Constitution, provided that the consent of the Arikis shall not have a ~~ bearing on the date for the promulgation of the self'-government Constitution." f • -93- l 301. Mr. Henr, Opposition member, protested the consolidation of the two amendments into one. rt \had put them in an invidious position, he said. Wh le they agreed with I the first part of the consolidated version, they did not agree wi h the second. 302. The Prestdent pointed out that that was one of the facts of arliamentary procedure. C~nsolidation of the two amendments into one was corr ct and proper. 303. In a ligH.t-hearted exchange which followed, Mr. Strickland, cting Leader of Government Bu~iness, said he endorsed the President's remarks. Te practice was proper, and w~s in accordance with parliamentary procedure. I:f t Opposition found itself cornerdd, it was only right that the prescribed prjocedure e observed. The Majority Part~' s amendment could not at that stage be taken witho that of the Opposition. ie would request the consolidated version of the a.me to be put to the vote. 304. Mr. Esta 1, Opposition spokesman, said he too endorsed the P sident's remarks. They would exe cise their freedom of expression to express their ·ews against that part of the mo ion which they did not like, and vote for the part hich they agreed with. Theda before, the Majority Party members were against the amendment submitted by e Opposition. Now both sides of the House were act·ng in harmony. 305. In an a st unanimous vote, the consolidated versio:p of the mendment was ' carried. The nly member who shouted "Na.ye" in the voice vote, wa Mr. Tangaroa, I an Opposition ember, the other seven members of the Oppositio~ ha. ing voted with the twelve mem ers of the Majority Party. 306. The Assem ly then reverted to consideration of the a:qiendment roposing the I • establishment fa House comprising all Arikis. After a few speec es, Mr. Estall, Opposition spo esman who had introduced the amendment, withdrew it Since the Assembly adopt d the amendment providing for further consultatton, he was of the view that the uestion which he had raised in his amendment was on of the matters on which the A ikis would be consulted. It was one of the details which could be thrashed out d ring the consultation with Arikis, he stated. 307. The Assem~ly then resumed consideration of the substantive amended, read Js follows: "This AssJmbly recommends to the New Zealand Government that here shall be a House of 1rikis consisting of one Ariki from each of the eigh Outer Islands or island groups, and six from Ra.rotonga. This House shall b a consultative body with the Government in matters pertaining to land a:td naive custom and any other !matters on which the Government may require advice rom the Arikis. On matted pertaining to land and custom and any other matter specified by law, the House lof Arikis shall have the power to refer batj{ to the gislative , Assembly ,nd/or Cabinet up to three times anti after the first may demand I .
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