Goodwin v Attorney General [1994] CKCA 3; CA 02.1994 (22 February 1994)

IN THE COURT OF APPEAL OF THE COOK ISLANDS
HELD AT WELLINGTON
(CIVIL DIVISION)
C.A. 2/94

IN THE MATTER
Of Section 3 of the Electoral Amendment Act No. 3 of 1993

AND

IN THE MATTER
of the Cook Islands Constitution Act 1964

IN THE MATTER
of the Declaratory Judgments Act 1908
(as applied in the Cook Islands by the New Zealand Laws No. 2 Act 1979)

BETWEEN

FREDERICK GOODWIN
of Matavera, Rarotonga, Crown Servant
First Applicant

AND

THE COOK ISLANDS
PUBLIC SERVICE ASSOCIATION
a society duly incorporated under the Incorporated Societies Act 1908
and having its registered office at Rarotonga
Second Applicant

AND

THE ATTORNEY GENERAL
OF THE COOK ISLANDS
Respondent

Coram: Quilliam J. (Presiding)
Prichard J.A.
Dillon J.A.

Counsel: Mr B.H. Giles and Mrs S.R.A. Anderson for First and Second Applicants
Mr McFadzien, Solicitor General and Mr D.A, Williams Q.C. for Respondent

Hearing: 18 February 1994
Date of Judgment: 22 February 1994

JUDGMENT OF THE COURT

The application before the Court, as amended in the course of the hearing, was for a declaration that Section 2(4) of the Electoral Amendment Act 1993 is invalid as applied to Section 3 of that Act, and that Section 3 is invalid as being the provision of an Act which is inconsistent with Articles 28B and 41 of the Constitution of the Cook Islands and also with certain of the provisions of Article 64 of the Constitution.

In the course of the hearing it was conceded on behalf of the Respondent that the new Section 6A(1) (as enacted by Section 3 of the Amendment Act) was unconstitutional but there remained the question of the validity of Section 6A(2).

Nominations for the forthcoming General Election close later this week. The Solicitor General advised the Court that all Counsel agreed that to meet that time constraint our Judgments could be delivered and reasons provided subsequently.

For the reasons which will then be made apparent, we make the following declaration.

Section 3 of the Electoral Amendment Act 1993 is invalid in its entirety as being inconsistent with Articles 28A and 41 of the Constitution of the Cook Islands.

There will accordingly be judgment for the Applicants with costs.

SIR PETER QUILLIAM
MR JUSTICE PRICHARD
MR JUSTICE DILLON