Legal System of Cook Islands

Cook Islands is located in Australia Oceania. It is geographically situated in oceania, group of islands in the south pacific ocean, about halfway between hawaii and new zealand. The country achieved independence on 4 august 1965 (cook islands became self-governing state in free association with new zealand). The capital is Avarua.

Government Overview

Government Type: parliamentary democracy Chief of State: King CHARLES III (since 8 September 2022); represented by Sir Tom J. MARSTERS (since 9 August 2013); New Zealand High Commissioner Catherine GRAHAM (since 8 September 2024) Head of Government: Prime Minister Mark BROWN (since 1 October 2020) Cabinet: Cabinet chosen by the prime minister National Holiday: Constitution Day, the first Monday in August (1965) Suffrage: 18 years of age; universal

Legal System

The legal system of Cook Islands is described as common law similar to New Zealand common law International Law: has not submitted an ICJ jurisdiction declaration (New Zealand normally retains responsibility for external affairs); accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: 4 August 1965 (Cook Islands Constitution Act 1964) Amendment Process: proposed by Parliament; passage requires at least two-thirds majority vote by the Parliament membership in each of several readings and assent of the chief of state’s representative; passage of amendments relating to the chief of state also requires two-thirds majority approval in a referendum

Judicial Branch

Highest Court(s): Court of Appeal (consists of the chief justice and 3 judges of the High Court); High Court (consists of the chief justice and at least 4 judges and organized into civil, criminal, and land divisions)  Judge Selection: High Court chief justice appointed by the Queen’s Representative on the advice of the Executive Council tendered by the prime minister; other judges appointed by the Queen’s Representative, on the advice of the Executive Council tendered by the chief justice, High Court chief justice, and the minister of justice; chief justice and judges appointed for 3-year renewable terms Subordinate Courts: justices of the peace

Legislative Branch

The legislative structure consists of unicameral Note: note: the House of Ariki, a 24-member parliamentary body of traditional leaders appointed by the King’s representative, serves as a consultative body to the Parliament

Citizenship and Suffrage

Suffrage: 18 years of age; universal

Historical Background

Polynesians from Tahiti were probably the first people to settle Rarotonga – the largest of the Cook Islands – around A.D. 900. Over time, Samoans and Tongans also settled in Rarotonga, and Rarotongans voyaged to the northern Cook Islands, settling Manihiki and Rakahanga. Pukapuka and Penrhyn in the northern Cook Islands were settled directly from Samoa.

This article provides a summary of the legal system and governmental structure of Cook Islands based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.