516 Serial Number 1946/ 180 THE COOK ISLANDS COUNCILS REGULATIONS 1946 B. C. FREYBERG, Governor-General ORDER IN COUNCIL _H the Government House at Wellington, this 16th day of October, 1946 Present: HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL PURSUANT to the Cook Islands Act, 1915, His Excellency the Governor­ General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations. REGULATIONS PART L-PRELDIINARY 1. These regulations may be cited as the Cook Islands Councils Regulations 1946. 2. The Orders in Council referred to in the table subjoined to this regulation shall, to the extent mentioned in the said table, cease to have effect after the 31st day of March, 1947, and are accordingly revoked to that extent as from that date. Table of Revoked Orders in Council Published in Gazette. Date. Subject·matter. Year. \ Page. 21st March, 1916 Establishing Island Councils of Mangaia, 19161 910 Aitutaki, Atiu, Mauke, Penrhyn, Mani· . hiki, and Rakahanga, and determining : membership thereof and of the Island Council of Rarotonga, without prejudice to the continuing effect thereof as sub­ sequently amended so far as it relates solely to the Island Council of Niue 21st February, 1921 Determining membership of Island Council 1921 594 of Rarotonga 20th December, 1926 Establishing Island Council of Pukapuka 1927 51 and determining its membership 4th March, 1936 Establishing Island Council of Mitiaro and 1936 45Q determining its membership I 1946/180] Cook Islands Councils Regulations 1946 517 3. The respective Island Councils established by the enactments hereby revoked and subsisting at the time of coming into force of these regulations shall be deemed to, be the respective Island Councils esta blished by these regulations. 4. Every member of an Island Council holding office at the time ·of coming into force of these regulations or hereafter appointed before the 31st day of :.vrarch, 1947, and continuing in office until that day shall cease to hold office on that day. 5. Nothing .rein contained shall restrict the operation of sections 11 and 18 of the Cook Islands Act, 1915. PART H.-IsLAND COUNCIL OF RAROTONGA 6. From and after the 31st day of March, 1947, the Island Council ·of Rarotonga shall consist partly of ex officio members and partly of ·elected members as hereinafter providcd. 7. The ex officio members of the Island Council of Rarotonga besides the Resident Commissioner of Rarotonga shall be the Arikis ·of Rarotonga. 8. There shall be six elected members of the Island Council of Rarotonga elected as representatives of the Native population of Rarotonga as hereinafter provided to be elected, one for each of the electoral districts of Rarotonga described in the Second Column of .the Schedule hereto. 9. There shall be one elected member of the Island Council of Rarotonga (hereinafter referred to as the European representative) -elected as a representative of the European population of the Cook Islands other than Niue. 10. (1) The European representative shall be elected in manner provided by the regulations made on the 11th day of September, 1922, .and published in the New Zealand Gazette on the 14th day of that month at page 2434, as hereby amended. (2) The said regulations as hereby amended may he cited as the ,cook Islands Rarotonga Election Regulations 1922. 11. (1) Regulation 2 of the said regulations is amended by revoking the words "of Rarotonga ", and substituting the following words: " of the Cook Islands other than Niue ". (2) Clause (2) of Regulation 3 of the said regulations is amended by revoking the words " in the Cook Islands for not less than one year and in Rarotonga for not less than three months", and substi­ tuting the following words: "in the Cook Islands other than Niu(' for not less than one year". (3) Regulation 4 of the said regulations is amended by revoking the words "in the Cook IslandH for not less than one year and in Rarotonga for not less than one month", and substituting the following words: "in the Cook Islands other than Niue for not less than one 'year". _ (4) Regulation 15 of the saill regulations is revoked, and thp following substituted :- "15. (1) An election under these regulations shall be held in tht' year 1947 and in every third year thereafter on a day in the month of March to be fixed by the Returning Offieer. " (2) An election shall be held within sixty days after receipt by the Returning Officer of a notice from the Clerk of the Island Council of Rarotonga that the seat of tlw European Representative has become vacant, 518 Cool.: Islands Councils Regulations 1946 [19406/180 " (3) The Returning Officer shall give publicly at least one clear month's previous notice, in such n)anner as he thinks sufficient, of every day fixed by him for the holding of an election." 12. The provisions of Parts IV and V ofthese regulations shall have no application to the election of the European representative of the Island Council of Rarotonga. PART IlL-IsLAND COUNCILS OF OTHER ISLANDS 13. There is hereby established in and for ea! of the islands (other than Rarotonga) named in the First Column of the Schedule hereto (hereinafter referred to as outlying islands) a Legislative Council to be called the Island Council of the island in which it is established. 14. The Island Council of every outlying island shall consist partly of ex officio members and partly of elected members, as hereinafter provided. 15. The ex officio members of the Island Council of every outlying island besides the Resident Commissioner of Rarotonga and the Resident Agent of that island shall be the Arikis of that island. 16. There shall for the Island Council of every outlying island Iw the number of elected members set out in the Third Column of thee Schedule hereto opposite the name of that island. 17. There shall be elected for each of the electoral districts descri\wd in the Second Column of the Schedule hereto the number of elect .. d members set out in the Third Column of the said Schedule. PART IV.-QUALIFICATIONS OF NATIVE ELECTORS AND NATIVE MEMBERS AND TENURE OF OFFICE 18. Every person shall for the purposes of an election III allY electoral district be an elector of that district who is- (a) A British subject; and (b) A Native within the meaning of the Cook Islands Act, 1913; and (c) Of or over the age of eighteen years on the day of the election; and (d) Ordinarily resident in the district on the day of the election; but who is not- (e) A person of unsound mind; or (f) Convicted of any offence, unless he has received a free pardon or has undergone and satisfied any sentence or punishment to which he was adjudged for such offence. 19. Every person who is an elector of an electoral district shall be qualified to be a candidate for election as a member and to be a member for that district, and no other person shall be so qualified: Provided that no person shall be capable of being elected or of continuing to hold office as an elected member if- (a) He is or becomes a member of the Cook Islands Public Seryice ; or (b) He takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign Prince or Power; or (c) He does or concurs in or adopts any act whereby he may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject of any foreign State or Power; or (d) Upon inquiry into the method or manner of his election the High Court declares his election to be void; or ]946/180) Cook Islands Councils RegulatioJls 1!J4(J 519 (e) On three consecutive sitting-days he fails without permission of the President to attend any meeting of which notice has been duly given of the Island Council of which he is a member (but such permission shall not be unreasonably withheld) ; or (j) He resigns his office as an elected member in writing under his hand addressed and delivered to the President of the Island Council to which he belongs. 20. Every member elected at a general election shall assume ()ffiee on the day following the last day of the month of March in which the election is held, and every member elected at a by-election .shall assume office when the result of the election is declared by the Returning Officer. 21. Every member elected at a general election or by-election shall, unless at an earlier date he ceases to hold office pursuant to Regulation 19 hereof, remain a member until the last day of the month of March in which the next following general election is held. PART V.-COXDl'CT OF ELEcTIO",s 22. The Returning Officer for c\-cry electoral district in an island shall be the Clerk of the Island Council or, if there he no wch officer in the island, the Resident Agent. 23. (1) A general election shall be held in every electoral district in the year 1947 and in every third year thereafter on a day in the month of March to be fixed by the Returning Officer. (2) A by-election shall be held in every electoral district within sixty days after the Returning Officer is assured that the seat of a mt·mber for that district has become ,-acant. (3) The Returning Officer shall give publicly at least one clear month's previous notice, in snch manner as he thinks sufficient, of every day fixed by him for the holding of an election and of the time and place within the district at which an election meeting will be held.