Maoate v Attorney General [1999] CKHC 8; CA29.99 (29 April 1999)

IN THE HIGH COURT OF THE COOK ISLANDS

HELD AT RAROTONGA

(CIVIL DIVISION)

PLAINT 29/99

BETWEEN:

TEREPAI MAOATE

Applicant

AND:

THE ATTORNEY GENERAL

Respondent

SUPPLEMENTARY JUDGMENT OF QUILLIAM C.J.

Since the delivery of the Judgment in this case I have been informed by counsel that the order made has implications which were not anticipated in respect of s. 10,5D of the Electoral Amendment Act 1999.

I do not: have a copy of the Amendment and have seen only those sections referred to by counsel. I was there-fore unaware of any wider implications than those referred to the submissions received.

Counsel, are agreed that the order made should now be varied by deleting the reference in it to s. 106 A, and, in any event, such an amendment to it would appear to come within the "slip rule".

Accordingly there will be a supplementary order deleting from the Judgment the declaration that s. 106A is invalid and unenforceable. The Judgment and order will remain in other respects unchanged.

QUILLIAM C.J.