Goodwin v Attorney General - Judgment 2 [1994] CKCA 4; CA 02.1994 (10 March 1994)

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

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

AND

IN THE MATTER
of the Cook Islands Constitution Act 1964

AND

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

Date of Hearing: 18 February 1994
Date of Judgment: 10 March 1994

REASONS FOR JUDGMENT OF PRICHARD J.A.

I have read in draft form the judgments of the President and of Dillon J.A. I agree with both judgments and would add only this:

The constitution provides that every person enrolled as an elector is entitled to be a candidate for election - unless he is an undischarged bankrupt or has been convicted of specified offences.

Subject only to those (irrelevant) exceptions, every person who is enrolled as an elector has an absolute and unconditional right under the Constitution to offer himself as a candidate for election.

It follows that any legislative enactment - other than an amendment to the constitution - which purports to derogate from or infringe upon the absolute and unconditional right of any person who is an enrolled elector to offer himself as a candidate for election must be incompatible with the provisions of the Constitution.

Section 6A(2), no less than Section 6A(1) of the Electoral Act 1966, as amended by the Electoral Amendment Act 1993 offends against that proposition: it purports to impose a condition on the exercise of the right to stand for election.

PRICHARD JA