Cook Islands - Government
On 04 August 1965 Cook Islands became self-governing in free association with New Zealand; right to move to full independence at any time. Cook Islands is self-governing under Constitution, in free association with New Zealand. Cook Islands is responsible for internal affairs; New Zealand has responsibility for external affairs, in consultation with the Cook Islands. The constitutional system incorporates English common law, certain British and New Zealand statutes and customary laws - Constitution is the supreme law.
The Head of State is the British monarch in right of New Zealand - represented in Cook Islands by the Queen's Representative, appointed by the Queen (3 year term). Head of Government is the Prime Minister. The Queen's Representative appoints the Prime Minister, being a Member of Parliament, who has the confidence of a majority in the Parliament. Cabinet of Ministers consists of the Prime Minister + 6-8 Ministers, being members of Parliament, appointed by the the Queen's Representative on the advice of the Prime Minister; responsible to Parliament. The Executive Council consists of the Queen's Representative and the Cabinet.
The Cook Islands has a Westminster parliamentary style of government similar to that of New Zealand and England. The Parliament of the Cook Islands is unicameral and consists of 25 members elected by popular vote. The members of Parliament are elected by secret ballot on a “first-past the post” universal suffrage system. In 1980-81 the Constitution was amended by redefining the constituencies, thus increasing the number of members to 24. This was refined in 1991 where another constituency in Rarotonga was further divided into two to reflect a 25 member Parliament. The status quo remained until 2003 when the overseas constituency that was created under the 1980-81 Constitution Amendment, was abolished.
The Parliament serves a five-year term. All debates and discussions in Parliament to be conducted in Maori as spoken in Rarotonga and in English. Every Bill and Act to be in Maori as spoken in Rarotonga and in English. House of Arikis - consists of up to 14 Arikis (Chiefs) appointed by the Queen's Representative. Function - to consider any matters regarding the welfare of the people of the Cook Islands as are submitted to it by Parliament, and to express its opinion and make recommendations to Parliament. But is haas no legislative power.
The High Court Justices of the Peace are appointed by the Queen’s Representative, acting on the advice of the Executive Council and sit in the High Court by virtue of the Judicature Act 1980-81. High Court (constituted by a Judge) is established under the Constitution, it consists of the Chief Justice and any other Judge appointed by the Queen’s Representative acting on the advice of the Executive Council. Court of Appeal is established under the Constitution, it consists of three Judges. The Chief Justice and puisne Judges of the High Court are Judges of the Court of Appeal and other Judges may be appointed by the Queen’s Representative acting on the advice of the Executive Council. Appeal from decisions of the Court of Appeal to the Privy Council is allowed by statute in certain circumstances.
In November 1964 the New Zealand parliament passed an act providing a constitution for full self-government in domestic matters, although an association was retained in which New Zealand would be responsible for the Cook Islands' defense and would be available for consultation regarding Cook Islands' foreign affairs. The act was promulgated in 1965, when the first elections under the new system were held. Albert Henry's Cook Islands Party won 14 of the 22 seats in the assembly.
The CIP was in power from the time the first parliamentary elections were held in 1965 until 1979, Albert Henry serving as premier. Between 1965 and 1974, during a period of party nationalism, Albert Henry encouraged the view that ariki, as local "royalty" should remain above and outside everyday politics. With the development of a local tourist industry, local titleholders came to embody a valued ancient heritage. However, this greater symbolic empowerment did not translate into a greater role in local government.
The defeat of Albert Henry in 1978 by Tom Davis and the Democratic Party saw local-level titleholders ignored by the government in favor of the symbolic reinstatement of an indigenous royalty. Since 1989, in the context of a rapidly expanding tourist industry and a growing middle class, local traditional leaders once more sought to translate increased symbolic status into real political autonomy.
During the campaign preceding the general elections of March 1978, the DP, the opposition party, accused Henry of corruption and other abuses of power, and an acrimonious controversy developed over the issue of the right of expatriate Cook Islanders to participate in the election. Although the results of the March 30, 1978, balloting gave the DP a larger number of constituencies than the CIP, the inclusion of 1,000 votes by overseas Cook Islanders gave the CIP a majority.
Both parties had chartered flights to bring electors from New Zealand, the DP responsible for 200 and the CIP for 800. The DP accused Premier Henry of misusing public money to charter the aircraft, and an investigation carried out by the chief justice revealed that proceeds from the sale of postage stamps had been diverted to that purpose after undergoing an elaborate laundering process involving companies in the islands and in New Zealand, as well as a United States businessman. The DP had paid for its flights out of its own funds.
Henry was charged with criminal violations and removed from office. The chief justice ordered the reinstatement to parliament of eight DP candidates who had been elected without the participation of overseas Cook Islanders, and in July 1979 a new government was formed, DP head Thomas Davis serving as premier.
Cook Islands politics was lively in the early 1980s. There were three political parties: the Cook Islands Party (CIP), led in mid-1984 by Geoffrey Ararna Henry, the Democratic Party (DP) of Thomas Davis, and the Unity Party (UP) of Joseph Williams. There was a high level of political awareness among the population, and intense personal rivalries between leaders played a prominent role in political dynamics.
A general election was held on March 30, 1983. The voters returned 13 CIP candidates to parliament, and the DP seated 11 members. No UP candidate was elected. Geoffrey Arama Henry, cousin of Albert Henry and leader of the CIP (Albert Henry had died in January 1981), became premier. However, the death of one CIP member of parliament and the crossover of a second to the DP left parliament evenly divided and forced a change in government. Henry resigned in August 1983 but was appointed caretaker premier by the queen's representative. A second general election was scheduled for November 2, 1983. The DP won 13 seats and the CIP 11, and Thomas Davis resumed the premiership on November 16, 1983.
At the 1989 election, the Cook Islands Party (CIP) won 12 of the 24 seats. They later formed a majority when two Democratic Party members of the Demo Tumu spinter group committed themselves to support the CIP in major legislation and policy.
In the 1994 election, CIP had a landslide win, taking 20 of the 25 seats, but CIP later lost two seats in by-elections. In the 1994 election, CIP had a landslide win, taking 20 of the 25 seats, but CIP later lost two seats in by-elections. It would have been remarkable for CIP to win in another landslide, considering that more than two thirds of all government employees, over two-thousand Cook Islanders, lost their jobs just three years earlier when the government was drastically downsized. Signs of instability extend as far back as the June 1999 elections. Since becoming self-governing in 1965, by 2006 there had been nine Cooks Prime Ministers: four of these since the Democrats came to power in 1999. Preliminary results in the 1999 general election indicate that the opposition Democratic Alliance Party (DAP), led by Terepai Maote, was leading Prime Minister Sir Geoffrey Henry's Cook Islands Party (CIP) by one seat. The tally showed DAP with 11 seats, CIP with 10 and the New Alliance Party (NAP), led by Norman George, with four. Following September 2004 elections, a series of petitions delayed a final outcome for three months, including one concerning then Prime Minster Woonton's narrow majority. After a recount, the high court ordered a by-election, and Woonton had to step down from office as Prime Minister. He was subsequently named High Commissioner to New Zealand after he declined to stand in the February 2005 by-election. After the election, the four-member Demo Tumu Party (now renamed Cook Islands First) joined independent Piho Rua and the Cook Islands Party (CIP) in an unstable parliamentary majority. Under the coalition arrangement, Jim Marurai became prime minister and the leader of CIP, Sir Geoffrey Henry, was slated to take over the remaining two years. In September 2005, Marurai nullified the coalition with CIP after having ousted Henry.
On 26 September 2006, the Cooks Islands held general elections. Preliminary results show the Democratic Party (Demos), led by PM Jim Marurai, ahead of the Cook Islands Party (CIP), 14 seats to 10 in the 24-seat Parliament. There was no substantive difference between the policy platforms of the Demos and CIP. Both parties were encouraging newly elected members of parliament to switch parties as the Government is being formed. Although both parties have pledged to eliminate party-hopping, there is still no law preventing the practice and many practical incentives for all involved to continue it.
The election was held on 14 June 2018. Three political parties are contesting the elections - the ruling Cook Islands Party led by incumbent Prime Minister Henry Puna, the Democratic Party whose leader Tina Browne is hoping to be the country's first woman prime minister, and the smallest grouping One Cook Islands. A Cook Islands News poll had Ms Browne leading the preferred prime minister ranks at 29 percent while Mr Puna was at 22 percent, although 28 percent said they were not sure as recently as this week. The Main Electoral Roll had 10,315 people registered to vote and at least 80 percent were expected to cast their vote.
After the 29 June 2018 finalisation of results of the Cook Islands general election, there was no change from preliminary results. At the final count, no single party had a majority in the Cooks parliament. The Democratic Party won the most seats, with 11, while the Cook Islands Party had 10. Official election results confirmed the Democratic party led the vote by the slimmest of margins.
Intense lobbying continued in the Cook Islands as the two main parties there try to convince independents and a minor party representative to help them gain a majority in the 24 seat parliament. The three candidates who held the balance of power were on Rarotonga; one from the One Cook Islands Party, and two Independents. The parties had to try and get a majority which would then take them to the next step of presenting themselves to the Queen's Representative, who will then satisfy himself that the party that does present themselves does have a majority and can form a government. The parties have a period of 90 days in which to do that, and this kind of negotiation time has been known to take quite some time because no doubt the independents and the One Cook Islands will be holding out for the best possible deal for themselves, whatever side they end up joining.
On 11 September 2018 an election petition by the leader of the Cook islands Democratic Party failed, confirming the Cook Islands Party in government. The Democratic Party's Tina Browne disputed the loss of her Rakahanga seat to the Cook Islands Party alleging the caretaker prime minister Henry Puna's declaration of a public holiday was aimed at procuring the election of Toka Hagai. Toka Hagai has now been confirmed as the rightfully elected MP for the electorate. Ms Browne's was the last of six electoral petitions which disputed results of the June election. None of the petititons were successful.
Democracy in the Pacific is a delicate flower. Some believe that occidental democratic systems of government sit uneasily with the traditional power structures of Polynesia, Melanesia and Micronesia. As many Western countries are now re-examining their own democracies sometimes with the objective of giving ordinary people a greater say in the workings of government, traditional Polynesian countries often find it uncomfortable having to cope with calls for more accountability from their political leaders.
Nearly all Pacific island nations have difficulty with the investigative, questioning attitude of privately-owned news media, particularly the printed media. Western democracies have long been used to this and, indeed, thrive on it. The role of the fourth estate is recognised and cherished in these societies as being one of the cornerstones of successful democracy.
It is very different in many Pacific island nations. Western Samoa, for example, has a recent history of demanding respect from journalists for matai (hereditary chiefs). The government also runs its own newspaper – a hair-raising prospect for Europeans and North Americans. In the Kingdom of Tonga in the late 1990s a journalist and a correspondent to a newspaper's letters column were arrested and convicted for 'angering a public servant', namely, the Minister of Police. Democracy is not a popular word in Tonga and the struggles with the media continue to this day.
The western Pacific has a noxious situation in the Solomons where tribal jealousies have resulted in murder and pillage and Papua New Guinea is bedevilled by problems with Bougainville. French Polynesia is still a colony of France, as is New Caledonia. Democracy was stone-cold dead in Fiji after the military coup of Sitiveni Rabuka in the mid-80s and Fiji officially practised a very real form of racial discrimination against its citizens of Indian provenance by denying them the vote.
In mid 2000 the whole sorry saga was repeated when a failed businessman turned gunman, George Speight, in collusion with elements of the Fijian Army, kidnapped the Prime Minister and a large number of MPs and overthrew the democratically elected government and Fiji's constitution. Despite a later change of heart and numerous changes of Government ministers the rivalry between traditional chiefs continues to bedevil Fiji.
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