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Cook Islands Sessional Legislation |
COOK ISLANDS
HOUSE OF ARIKIS ACT 1966
ANALYSIS
Title
1. Short Title and Commencement
2. Interpretation
3. Establishment of the House of Arikis
4. Composition of the House of Arikis
5. Term of Membership
6. Qualification for appointment of members of the House of Arikis
7. Disqualification of members of the House of Arikis
8. Functions of the House of Arikis
9. Members to take Oath of Allegiance
10. Attendance of the Premier and other persons of House of Arikis
11. Procedure
12. Privileges of the House of Arikis and its members
13. Appointment of committee to hear disputed questions as to Arikis or members of the House of Arikis
14. Clerk of the House of Arikis
15. Salary and allowances of the members of the House of Arikis
16. Source of payments authorised by the Act
17. Members not to vote on or discuss matters in which they have a pecuniary interest
18. Languages
19. Regulations
20. Notices
Schedule
-------------------------------------
1966, No. 4
An Act to provide for the establishment of a house of Arikis and for the rights, powers, functions and duties of the House and the members thereof
(19 September 1966
WHEREAS by the Constitution of the Cook Islands as set forth in the Second Schedule to the Cook Islands Constitution Amendment Act 1965 provision
is made for a House of Arikis of the Cook Islands and whereas by the Constitution certain provisions relating to the establishment of the House were left to be prescribed by law and whereas it is now desired to complete the establishment of the House of Arikis and to enact the provisions necessary for that purpose.
BE IT ENACTED THEREFORE by the Legislative Assembly of the Cook Islands in session, assembled and by the authority of the same, as follows:
1. Short Title and Commencement - (1) This Act may be cited as the House of Arikis Act 1966.
(2) This Act shall be deemed to have come into force on the first day of January 1966.
2. Interpretation
"Ariki" means a person who has been invested with the title rank or office of Ariki in accordance with ancient custom prevailing in each of the Cook Islands or in a group of two or more of the Cook Islands and shall include in the case of an Ariki who is under eighteen years of age such person appointed by the family of the Ariki to be trustee for such Ariki while under eighteen years of age provided where there are more Arikis than one on any Island or group of Islands represented in the House of Arikis the trustee shall have been approved also by the remaining Ariki or Arikis and if there are more than two by a majority of the remaining Arikis;
"Constitution" means the Constitution of the Cook Islands as contained in the Second Schedule to the Cook Islands Constitution Amendment Act 1965 together with any amendments to such Constitution;
"Executive Council" means the Executive Council of the Cook Islands pursuant to the Constitution;
"High Court" means the High Court of the Cook Islands pursuant to the Constitution;
"House" means the House of Arikis and "House of Arikis" means the House of Arikis provided by the Constitution;
"Imprisonment" includes the detention of a person by lawful authority whether called imprisonment or not;
"Land Court" means the Land Court of the Cook Islands pursuant to the Constitution;
"Legislative Assembly" means the Legislative Assembly of the Cook Islands;
"Member" means a member of the House;
"Minister" means a member of the Cabinet of the Cook Islands pursuant to the Constitution;
"Premier" means the Premier of the Cook Islands pursuant to the Constitution.
3. Establishment of the house of Arikis - Subject to the provisions of the Constitution the establishment, rights, powers, functions and duties of the House of Arikis and
of the members and officers thereof shall be as set forth in this Act.
4. Composition of the house of Arikis - (1) The House shall comprise the following members:-
(a) One Ariki representing the Island of Aitutaki and the Island of Manuae;
(b) One Ariki representing the Island of Atiu;
(c) One Ariki representing the Island of Mangaia;
(d) One Ariki representing the Island of Manihiki and one representing the Island of Rakahanga provided that if at any time either of such islands shall not be represented in the House then the Ariki representing the other island in the House shall represent both islands until an Ariki is appointed from and to represent the island for the time being not represented;
(e) One Ariki representing the Island of Mauke;
(f) One Ariki representing the Island of Mitiaro;
(g) One Ariki representing the Island of Penrhyn;
(h) One Ariki representing the Island of Pukapuka and the Island of Nassau;
(i) Six Arikis representing the Island of Rarotonga and the Island of Palmerston.
(2) The members of the House shall be appointed by the High Commissioner. In each case the member appointed shall be an Ariki of the
island or group of islands he is to represent.
(3) If there is for the time being only one Ariki for any of the island or group of islands specified in paragraph (a) to (h) inclusive
of subsection one of this section that Ariki shall be appointed to be a member of the House as representing that island or group,
but if there are two or more Arikis for any such island or group the High Commissioner shall appoint the Ariki for that island or
group who is nominated for appointment as provided in subsection five of this section.
(4) If there are for the time being not more than six Arikis for the group of islands comprising Rarotonga and Palmerston those arikis
shall be appointed to be members of the House as representing that group; but if there are more than six the High Commissioner shall
appoint the arikis for that group who are nominated for appointment provided in subsection five of this section.
(5) In any case where there are more Arikis on any island or group of islands than the number required to represent that island or
group in the House as provided subsection one of this section the Arikis of that island or group shall nominate the Ariki or Arikis
who is or are to represent the island or group in the House subject to the following provisions:-
(a) The office of Ariki representing the island or group shall rotate so that at the end of each term the Ariki for the time being occupying the office shall retire and his place taken for the following term by one of the remaining Arikis until each ariki on the Island or Group has served a term in the House when the first Ariki shall be nominated again and so on;
(b) In the event of any Ariki becoming disqualified to be a member or being unable or unwilling to accept nomination to the House at any time the next Ariki entitled to be nominated shall be eligible and the right to be nominated shall rotate accordingly;
(c) For the purpose of deciding the first nomination to the House the High Commissioner shall fix a time and place for a meeting of Arikis in the island or group concerned and notice of such meeting shall be given to each Ariki of such island or group of islands;
(d) At such meeting the Arikis shall decide on one of their number to be Chairman provided that until a Chairman shall be so appointed the duties of Chairman shall be carried out by the Senior Government representative for the time being on the island on which the meeting is held;
(e) Each Ariki at such meeting including the Chairman if an Ariki shall have one vote only. The Senior Government representative shall have no vote. In the event of an equality of votes the decision as to nomination of an Ariki for the House or the order in which the right to nomination shall rotate shall be decided by lot. If for any reason an Ariki shall be unable to be present at such meeting he shall be entitled to authorise in writing including by telegram a representative who according to custom could be elected to such Ariki title to attend and vote on his behalf on any matter forming the business of the meeting. The business of the meeting may be dealt with by the Ariki or Arikis present notwithstanding the absence of any Ariki or the representative of any absent Ariki;
(f) If on any subsequent occasion any question as to nomination or rotation of the right to nomination of an Ariki to the House for any Island or Group shall arise the High Commissioner may of his own motion and shall if so requested by any Ariki of the island or group concerned fix a time and place for a meeting of Arikis of such island or group to consider and decide the matter following the procedure provided in the case of the first meeting where applicable. In all other cases for which no procedure is provided the meeting shall determine its own procedure.
5. Term of membership - (1) Membership of the House shall be one year commencing on the 1st day of January and expiring on the 31st day of December in
each year provided that the term of the first members of the House shall expire on the 31st day of December 1966 whether they or
any of them have been in office one year or not.
(2) If for any reason a successor to any member shall not have been appointed by the first day of January in any year the member in
office shall continue in office until a successor shall have been appointed.
(3) If for any reason a member shall cease to be a member of the House during his term of office the vacancy shall be filled in the
same manner as an appointment to that office and the appointee shall hold office for the unexpired portion of the term of office
of his predecessor and in the case of any nominations and appointments pursuant to subsection five of section four the appointment
of any member for the unexpired portion of a term pursuant to this subsection shall not disqualify such member from appointment for
the next ensuing full term or be deemed to have altered the order of rotation if any which might otherwise affect such member.
6. Qualification for appointment of members of the house of arikis - No person shall be appointed as a member of the House-
(a) unless he is an Ariki of the age of eighteen years, or over; and
(b) if he has at any time been absent from the Cook Islands for three years or more unless he shall have actually resided in the Cook Islands not less than three calendar months immediately prior to his appointment as a member of the House; and
(c) unless his usual place of abode is in the Cook Islands;
(d) If any of the circumstances to which subsection one of section seven of this Act refers apply or have applied to him unless and until a committee appointed pursuant to paragraph (b) of subsection one of section thirteen of this Act shall have decided that he is qualified to be a member on the grounds:-
(i) That the circumstances no longer apply or no longer need apply; and
(ii) That he is fit to be a member and where applicable;
(iii) That he has purged his disqualification.
7. Disqualification of members of House of Arikis - (1) The appointment of any Ariki to the House shall without more be terminated and his seat vacated-
(a) If he fails to take the Oath of Allegiance under Article 10 of the Constitution; or
(b) If he dies or for any reason is no longer an Ariki; or
(c) If he resigns by written notice signed by him delivered to the High Commissioner; or
(d) If he ceases to have his usual place of abode in the Cook Islands; or
(e) If without permission of the House given before or after the event he fails to give his attendance at meetings of the House when required; or
(f) If he takes any oath or makes any declaration or acknowledgment of allegiance or adherence to any foreign state or power; or
(g) If he does or concurs in or adopts any act whereby he may become a subject or citizen of any foreign state or power or entitled to the rights, privileges or immunities of a subject or citizen of any foreign state or power; or
(h) If he becomes Bankrupt under any law in force in the Cook Islands and has not been discharged; or
(i) If he is convicted in the Cook Islands the Dominion of New Zealand or the Commonwealth of Australia of any offence punishable by death or imprisonment for a term of one year or upwards or is convicted of an offence under section seventeen subsection two of this Act or is convicted in the Cook Islands of a corrupt practice in respect of any law for the time being in force relating to elections; or
(j) If he becomes of unsound mind and is so certified by two Medical Officers or by one Medical Officer and a graduate of the Central Medical School at Suva, Fiji; or
(k) If with his consent he is nominated as a candidate for election to the Legislative Assembly of the Cook Islands.
(2) (a) If circumstances arise such as are referred to in subsection one paragraphs (h) and (i) of this section and if the Ariki concerned has a right of appeal against the decision or conviction (either with leave of the Court or appropriate authority or without such leave) he shall forthwith cease to perform his functions as a member of the House but subject to paragraph (b) of this subsection shall not vacate his seat until the expiration of a period of thirty days or such longer period or periods as shall be fixed by the President of the House from time to time up to but not beyond the term of office of the Ariki concerned;
(b) If on the determination of any appeal such circumstances continue to exist and no further appeal is available to the Ariki or if by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason it ceases to be open to the Ariki to appeal he shall forthwith vacate his seat;
(c) If at any time before an Ariki vacates his seat such circumstances as aforesaid cease to exist his seat shall not become vacant on the expiration of the period or periods referred to in subsection two paragraph (a) of this section and he may resume the performance of his functions as a member of the House;
(d) (i) The Registrar of the Court in the Cook Islands in which any Ariki has been adjudged bankrupt or convicted of any offence or practice referred to in paragraph (i) of subsection one of this section shall within seven clear working days after the adjudication or conviction notify the fact to the President of the House or to the High Commissioner if there is no President or the President is absent from the Cook Islands;
(ii) Every Registrar who fails to send any notice required by this paragraph commits an offence and shall be liable on conviction in the High Court in the ordinary course of its criminal jurisdiction to a fine not exceeding five pounds for every day he fails to send the notice.
8. Functions of the house of arikis - The House shall have the following functions:-
(1) It shall consider such matters relative to the welfare of the people of the Cook Islands as may be submitted to it by the Legislative
Assembly for its consideration, and it shall express its opinion and make recommendations thereon to the Legislative Assembly; and
(2) It may of its own motion make recommendations the Legislative Assembly upon any question affecting the customs or traditions of
the Cook Islands or any of them or of the inhabitants thereof provided that before considering any such motion the President of the
House shall invite the Premier or any minister or person the Premier shall appoint to be present and take part in the proceedings
as if present pursuant to section ten subsection three of this Act.
(3) Any recommendation to the Legislative Assembly by the House shall be accompanied, where applicable by an explanatory note of the
reasons for the recommendation and when any recommendation is not a unanimous decision of the members of the House there shall also
be added to the explanatory note a concise statement of the reasons of the minority of members of the House opposing the recommendation.
If for any reason any explanatory note has not been supplied the President of the House shall supply one when so requested by the
Premier.
(4) The House shall not deliberate on any matter or bill or part thereof which concerns the imposition of taxes or the appropriation
or expenditure of the funds or any part thereof of the Government of the Cook Islands unless requested so to do by the Legislative
Assembly.
9. Members to take Oath of Allegiance - Except for the purpose of enabling this section to be complied with no member of the House shall be permitted to sit or vote therein
until he has taken and subscribed the following oath before the High Commissioner namely:
I, ...:......, swear by Almighty God that I will be faithful and bear true allegiance to Her (or His) Majesty (specify the name of the reigning sovereign as thus: Queen Elizabeth the Second) as Head of State of the Cook Islands, Her (or His) heirs and successors according to Law, and that I will justly and faithfully carry out my duties as a member of the House of Arikis of the Cook Islands. So help me God.
10. Attendance of the premier and other persons at House of Arikis - (1) The premier may at any time attend and address the House.
(2) A Minister or person appointed in that behalf by a Minister may attend the proceedings of the House when any matter for which
the Minister is responsible is under consideration by the House.
(3) The President of the House, when in his opinion any matter before the House makes it desirable, may invite any member of the Legislative
Assembly to attend meetings of the House relating to that matter.
(4) A person attending proceedings of the House by virtue of the provisions of subclause two or subsection three of this section shall
be entitled to take part in the proceedings of the House relating to the matter for which the member has responsibility or in respect
of which he was invited to attend, as the case may be as if he were a member of the House:
Provided that he shall not be entitled to vote in the House or any of its committees.
11. Procedure - (1) The House shall meet at Rarotonga at least once in every period of twelve months.
(2) The House shall meet in session at Rarotonga at such time or times as the Legislative Assembly sit in session provided that if
the Legislative Assembly hold more sessions than one in any period of 12 months it shall not be necessary to summon the House on
the occasion of each session of the Legislative Assembly so long as the House shall meet at least once during the period of twelve
months following the date of the previous meeting.
(3) The House shall meet at such other times and at such places as it shall be summoned by the High Commissioner as provided in subsection
four hereof.
(4) All meetings of the House shall be summoned by the High Commissioner acting on the advice of the Premier. The House may be prorogued
at any time by the High Commissioner acting on the advice of the Premier by notice published in the Cook Islands Gazette and if at
any time the office of Premier shall be vacant the High Commissioner may at his discretion prorogue the House by notice as aforesaid.
(5) The House shall be presided over by one of its members who shall be elected by the members of the House pursuant to the Standing
Orders of the House.
(6) Such presiding member shall be called and referred to as the President of the House of Arikis and shall hold office until his
term as a member of the House expires or until a new president shall be elected by the members of the House which ever event shall
first happen. In the event of the temporary absence of the President at any time the House may appoint a vice president pursuant
to Standing Orders of the House to act in the place of President until his return.
(7) No business shall be transacted at any meeting or sitting of the House if the number of members present is less than eight.
(8) Subject to the provisions of the Constitution and to the provisions of this Act the House may from time to time make, amend and
repeal Standing Orders for the regulation and orderly conduct of its proceedings and the despatch of business provided that until
such time as the House shall make or adopt Standing Orders the Standing Orders set forth in the Schedule to this Act shall be the
Standing Orders of the House.
(9) Subject to the provisions of the Constitution and the provisions of this Act the House shall determine its own procedure.
(10) The House shall not be disqualified for the transaction of business by reason of any vacancy among its members and any proceedings
therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the House or otherwise took
part in the proceedings.
12. Privileges of the House of Arikis and its members - (1) The House, its President, members and officers, persons entitled to speak therein and persons publishing by or under the authority
of the House any report, paper, vote or proceeding shall have and be entitled to the same privileges and immunities as are provided
by Article 36 of the Constitution for the Legislative Assembly, its Speaker, members and officers, persons entitled to speak therein;
and persons publishing by or under the authority of the Legislative Assembly any report, paper, vote or proceeding provided that
reference to the Speaker of the Legislative Assembly where it occurs in Article 36 of the Constitution shall be read as and deemed
to be reference to the President of the House.
(2) The validity of any proceedings in the House or in any Committee thereof shall not be questioned in any Court.
13. Appointment of Committee to hear disputed questions as to Arikis or Members of the House of Arikis - (1) Should there be at any time any question as to whether an Ariki is qualified to be a member of the House or has become disqualified
from being a member the question shall be referred for decision to a committee consisting of the Chief Judge of the Land Court and
four assessors appointed by the Executive Council an Ariki may be an assessor but shall not be so appointed if a member of the House
in any case where the question is whether the appointment of a member is terminated and his seat vacated pursuant to any of the provisions
of Section seven of this Act.
(2) The Committee appointed under the preceding subsection shall proceed in such manner as seems just and convenient and shall have
all the powers and status of the Land Court and of the Chief Judge thereof in respect of the conduct of proceedings, maintaining
order, contempt of Court citing and representation of parties interested in the question summoning witnesses and payment of their
expenses, hearing evidence, awarding costs amending defects in the proceedings and adjourning. The Committee shall have power to
administer oaths to witnesses in the same manner and to the same effect as is conferred upon a court within the meaning of Section
31 of the Cook Islands Act 1915.
(3) (a) All hearings of the Committee shall be open to the public provided that if for any reason the Committee shall decide that all or any persons shall be excluded from the place in which the hearing is held for the whole or any part of the proceedings those persons shall be excluded accordingly provided the power conferred by this subsection shall not be exercised for the purpose of excluding any party to the proceedings or any barrister or solicitor or accredited reporter;
(b) In any case in which the Committee may give any direction under paragraph (a) of this subsection and whether or not it gives such a direction the Committee may make an order forbidding the publication of any report or account of the whole or any part of the evidence adduced and the breach of any order made under this subsection or any evasion or attempted evasion of it shall be deemed to be contempt of Court under the meaning of Section 400 of the Cook Islands Act 1915 and shall be punishable by the High Court of the Cook Islands in the ordinary course of its criminal jurisdiction.
(4) The Chief Judge of the Land Court shall preside at all hearings of the Committee.
(5) The absence of an assessor at any time during a hearing shall not invalidate the proceedings of the Committee provided the number
of assessors present is not reduced below two.
(6) The decision of the Committee shall be final and shall not be questioned in any Court.
(7) If at any time the opinions of the Committee shall be equally divided on any question the opinion of the Chief Judge shall prevail.
(8) So long as any member of the Committee acts bona fide in the discharge of his duties no action shall lie against him for anything
he may do, report or say in the course of the deliberations of the Committee.
14. Clerk of the House of Arikis - (1) There shall be appointed by the Executive Council an officer of the Public Service to be clerk of the House who shall be responsible
for arranging the business for and keeping a record of the proceedings of the House and any Committee thereof and for performing
with respect to the House and any Committee thereof such secretarial and other functions as may be required.
(2) A copy of the proceedings relating to each sitting of the House shall be transmitted to the secretary of the department of the
Premier.
(3) There may be appointed from time to time under the Public Service Act 1965 such other officers and employees as are required to
be appointed under that Act for the purpose of this Act.
15. Salary and allowance of the members of the House of Arikis - There shall be paid to the members and President of the House such sum or sums, allowances and travelling expenses as the Executive
Council shall from time to time determine:
Provided that such sum or sums, allowances and travelling expenses shall be sufficient to enable any member or member elect of the
House to attend and take his seat.
16. Source of payments authorised by this Act - All expenditure authorised by any of the provisions of this Act shall be a charge on the Cook Islands Government Account.
17. Members not to vote on or discuss matters in which they have a pecuniary interest - A member shall not vote or take part in the discussion of any matter in the House or before a committee of the House in which he
has directly or indirectly any pecuniary interest apart from any interest in common with the Public:
Provided that nothing in this section shall apply to the following matters:-
(a) Any payment to or for the benefit of a member where it is legally payable and the amount or rate of the payment has already been fixed; or
(b) Any contract of insurance insuring members against personal accident; or
(c) An election or appointment of a member to any office notwithstanding that remuneration or allowance is or may be payable in respect of that office.
(2) Where a member knowingly offends against this section-
(a) He shall be liable to a fine not exceeding fifty pounds; and
(b) On conviction his term as a member of the House of Arikis shall terminate and his seat be vacated;
(c) An offence under this section shall be punishable by the High Court of the Cook Islands in the ordinary course of the criminal jurisdiction of that Court.
18. Languages - (1) All debates and discussions of the House shall be conducted in the Maori Language as spoken in Rarotonga and also in the English
language.
(2) Every report recommendation or resolution of the House shall be in the Maori language as spoken in Rarotonga and also in the English
language:
Provided that the House may by resolution determine that any report, recommendation or resolution may be in the English language only.
(3) The records of proceedings of the House or in Committees thereof shall be in the English language and such or these records as
are specified in the Standing Orders of the House shall also be in the Maori language as spoken in Rarotonga.
(4) Where there is any conflict between the Maori Version and the English Version of any report recommendation resolution or record
the English Version shall prevail.
19. Regulations - (1) The High Commissioner may from time to time by Order in Executive Council make such regulations as may in his opinion be necessary
for giving full effect to the provisions of this Act and for the due administration thereof.
(2) Regulations made under this section may prescribe for offences against the regulations not exceeding imprisonment for a term of
three months or a fine not exceeding fifty pounds or both.
(3) All regulations under this section shall be laid before the Legislative Assembly within twenty eight days after the date of the
making thereof if the Legislative Assembly is then in session and if not shall be laid before the Legislative Assembly within twenty
eight days after the date of commencement of the next ensuing session.
20. Notices - Any notice required to be sent by any of the provisions of this Act by or to the High Commissioner may be sent by telegram or where
by reason of lack of communication between any island and the island of Rarotonga this cannot be done then by such means and in such
manner as the High Commissioner acting on the advice of the Premier shall decide.
________
SCHEDULE
Section 11(8)
STANDING ORDERS OF THE HOUSE OF ARIKIS
1. Commencement of these Standing Orders - These Standing Orders of the House of Arikis are made in pursuance of Article 11A paragraph (5) of the Constitution of the Cook
Islands in the Second Schedule of the Cook Islands Constitution Amendment Act 1965 and in pursuance of Section 11 subsection (8)
of the House of Arikis Act 1966 and shall come into force on the date appointed for the commencement of the House of Arikis Act 1966.
2. Interpretation - In these Standing Orders, if not inconsistent with the context,-
"Act" means the House of Arikis Act 1966;
"Assembly" means the Legislative Assembly of the Cook Islands established in accordance with the Constitution;
"Clerk" means the Clerk of the House appointed in accordance with Section 14 of the Act;
"Constitution" means the Constitution of the Cook Islands contained in the Second Schedule of the Cook Islands Constitution Amendment Act 1965;
"House" means the House of Arikis;
"Member" means any Member of the House appointed pursuant to the Constitution and to Section 4(2) of the Act;
"President" means the President of the House elected pursuant to these Standing Orders.
3. In cases not provided for the President to decide - In all cases not hereinafter provided for these Standing Orders shall be interpreted by the President of the House in the light
of the relevant practice of the House of Representatives of New Zealand and the House of Commons of the United Kingdom of Great Britain
and Northern Ireland.
4. Suspension of Standing Orders - (1) Any Standing Order or other Order of the House may be suspended wholly or in part on Motion with or without notice.
(2) Such Motion shall not interrupt any debate and shall state the object of, or reason for the proposed suspension, and no amendment
may be moved to such Motion.
(3) No Member of the House shall move the suspension of any Standing Order or other Order of the House either wholly or in part, except
for allowing some recommendation or other matter in charge of such member to proceed or be dealt with, without compliance wholly
or in part as the case may be with such Standing Order or other Order.
PART II - MEETINGS
5. Time and place of meetings - Meetings of the House shall be called by Notice as provided in Section 11(4) of the Act, at such times and places in Rarotonga
as the High Commissioner may from time to time a point in that behalf (not being less than once annually) and shall be prorogued
and dissolved in the manner prescribed in Section 11(4) of the Act.
6. Notice of Meeting - Before the commencement of a new meeting the Clerk shall send to each Member a written notice directing attention to the notice
issued as provided in Order 5.
7. Adjournment of meeting - During any meeting the House may adjourn for such period as it may determine.
8. Continuation after adjournment - If the House has been adjourned sine die, the High Commissioner shall decide the date and hour of the commencement of the next
meeting and the Clerk shall send to each member a written notice of the day and hour appointed for the next meeting and shall, if
practicable, attach thereto a copy of the Order Paper for the said meeting.
PART III - THE PRESIDENT AND MEMBERS OF THE HOUSE
9. Oath of Allegiance - On the occasion of the first meeting of the House on each Member taking his seat and on the occasion of each new member taking
his seat for the first time in the House the Clerk shall administer to each member or such new member ad [sic] the case may be before
the High Commissioner the Oath prescribed by Article 9 of the Constitution and by Section 9 of the Act and no member shall resume
or return to his seat unless and until he has taken and subscribed such Oath.
10. President of House to be elected - On the first day of the first meeting of the House in any year the members having met at the time and place appointed by the High
Commissioner and after the Clerk shall have administered the Oath of Allegiance to such members as shall not have previously taken
or subscribed to it the House shall elect a President pursuant to Section 11(5) of the Act.
11. Clerk to act as chairman for election of president - For the purpose of election of a President of the House the Clerk shall act as Chairman and in any debate at such election shall
decide which member is entitled to speak.
12. Time limit of speech - The speech of any member in any debate at such election shall be relevant to the question of election and shall not exceed five
minutes.
13. Equality of votes - In the case of an equality of votes in any division or upon any vote connected with the election of a president the question shall
be decided by a secret ballot or ballots conducted by the Clerk of the House. If there is still an equality of votes the question
shall be decided by lot.
14. A member proposed - (1) A member addressing himself to the Clerk and being called upon by him shall propose some other member then present to the House
for its President and shall move that such member "do take the Chair of this House as President" which motion must be seconded.
(2) If only one member be proposed and seconded as President such member shall be called to the Chair by the House without any question
being put.
(3) Such member on being called to the Chair stands up in his place and expresses his sense of the honour proposed to be conferred
upon him and submits himself to the judgment of the House.
(4) Being again unanimously called to the Chair the member shall be taken out of his place by the members who proposed and seconded
him and by them conducted to the Chair.
(5) Having been so conducted to the Chair the member so elected standing on the upper step returns his acknowledgements to the House
and thereupon sits down in the Chair.
(6) The President having been congratulated by members the House shall adjourn for such period as will enable the President elect
to present himself to the High Commissioner.
(7) Before the house shall resume the President elect attended by his proposer and seconder and other members shall present himself
to the High Commissioner who will then confirm the choice of the House.
(8) Upon resumption at the next sitting of the House the President will report that he had waited upon the High Commissioner who had
been pleased to confirm the choice the House had made of him to be their President.
15. Two members proposed - If two members be proposed for the office of President-
(a) A motion shall be made and seconded with respect to each such member, "That (such member) do take the Chair of this House as President", and each member so proposed shall, standing in his place, submit himself to the judgment of the House;
(b) The Clerk shall then put the question, "That (the member first proposed) do take the Chair of this House as President", which is resolved in the affirmative or negative, like other questions;
(c) If such question is resolved in the affirmative the member first proposed is thereupon taken out of his place by his proposer and seconder and conducted to the Chair;
(d) If such question is resolved in the negative the Clerk shall then put the question, "That (the member next proposed do take the Chair of the House as President"; and if it be resolved in the affirmative the member next proposed shall be taken out of his place by his proposer and seconder and conducted to the Chair;
(e) If such question is resolved in the negative the Clerk shall call for further nominations;
(f) After the member elected has been conducted to the Chair the same procedure shall be followed as in the case of an uncontested election to the office of President.
16. More than two members proposed - If there be more than two members proposed and seconded for the office of President each such member standing in his place shall
submit himself to the judgment of the House, and votes shall be taken for each candidate separately in the order in which they were
proposed. Members shall record their votes while in their places. The Clerk shall order the doors to be locked during the taking
of the votes, and every member then present shall vote. The candidate who has the smallest number of votes shall retire, and the
votes shall be taken for the remaining candidates separately until the number of candidates shall be reduced to two. The names of
the two remaining candidates shall be submitted in the order in which they were first proposed, and thereupon a separate vote of
the members then present shall be taken; and the one having the highest number of votes shall be declared elected:
Provided always that if, at any stage of an election under this Standing Order, any member shall receive an absolute majority of the
votes of the members present such member shall be declared to be elected forthwith. The member thus elected shall be conducted to
the Chair, and the same procedure shall thereafter be followed as in the case of an uncontested election.
17. Tenure of office of President - The President of the House shall hold office until his appointment to the House terminates or his seat becomes vacant whichever
event first happens.
18. Vacancy in office of President - (1) If the office of President becomes vacant during any period of twelve months for which the members have been appointed the
Clerk shall report the same to the House at its next sitting and the House shall proceed forthwith to the election of a new President
in the manner hereinbefore prescribed by these Standing Orders.
(2) If at any time the President shall be temporarily absent from the House the House may elect a vice president to preside and carry
out the duties of the President until such time as the President shall return or until his appointment shall be terminated whichever
event shall first happen.
19. Provision for proposing absent member - (1) Notwithstanding anything contained in the foregoing Standing Orders, in any case where a member is unavoidably absent and it
is desired to propose him as President, evidence of his consent to being so proposed having been produced to the satisfaction of
the Clerk, a motion may be made and seconded. "That (such absent member) do take the Chair of this House as President", and such
motion shall thereupon be treated in all respects as if it were a motion duly made under the foregoing Standing Orders respecting
a member actually present; and such absent member shall be deemed to have submitted himself to the judgment of the House.
(2) If such motion be resolved in the affirmative or if, in the case of a contested election, such absent member shall receive an
absolute majority of the votes of the members present, the House stand adjourned till next convenient sitting day, and such proceedings
shall be taken meanwhile as may be approved by the High Commissioner for the purpose of enabling His Excellency to confirm the choice
of the House and such proceedings shall be reported to the House at its next sitting.
20. Form of address to President - The person presiding as provided in Order 14 shall be the President of the House and shall be addressed as "Mr President" during
sittings of the House.
21. President to have Casting Vote only - The President shall not have a deliberative vote, but in case of an equality of votes, he shall have a casting vote.
22. Seats of members in House - The Clerk shall allocate a seat in the House to each member, provided that should any question arise with regard to the position
of any seat such question shall be decided by the President.
23. Member to speak from seat - A member may speak only from the seat allocated to him.
24., Quorum - No business shall be transacted at any meeting of the House if the number of members present is less than eight.
25. If quorum not present in House - If at any time the attention of the President is directed to the fact that a quorum is not present in the House, he shall direct
members to be summoned, and if at the end of five minutes a quorum is not present, he shall adjourn the House without question put.
26. Majority Decision - Every Question before the House shall be decided by a majority of the votes of the members present.
27. Every member to vote unless he has a pecuniary interest - Every member present in the House when any Question is put to the House shall vote thereon; provided that a member shall not discuss
or vote on any Question in which he has a pecuniary interest within the meaning of Section 17 of the Act, and if he should vote on
such a Question his vote may on Motion be disallowed.
28. Form of reference to members in House - Where convenient, and while the House is sitting, a member shall be referred to as the "Honourable Member":
Provided that this Order shall not be taken as authorising the use of the style "Honourable" in relation to a member in any other
context or outside the House.
29. Employment of member in professional capacity - No member shall appear before the House or any Committee thereof as Counsel for any party or in any capacity for which he is to
receive a fee or reward in any matter to be deliberated by the House or Committee.
PART IV - DUTIES OF CLERK WITH REFERENCE TO RECORDS
30. Business Paper - The Clerk shall send to each member a copy of the Business Paper for each meeting, if practicable, fourteen days before the meeting;
and he shall, whenever the circumstances require, circulate a Supplementary Business Paper.
31. Order paper - Before each sitting the Clerk shall distribute to members a Paper, to be known as the Order Paper, stating the business of the
day.
32. Order Book - The Clerk shall keep a book to be called the Order Book in which he shall enter all matters intended for discussion at each meeting.
The Order Book shall be open to the inspection of members at all reasonable hours.
33. Custody of Records - The Clerk shall have the custody of all records and other documents belonging to the House which shall be open to inspection by
members and other persons under such arrangements as may be approved by the President.
34. Minutes - The Clerk shall keep minutes of the proceedings of the House and of Committees of the Whole House and shall record therein the
names of all members attending and all decisions of the House. He shall circulate a copy of such minutes in English and Maori as
soon as possible after the conclusion of each meeting.
35. Record of members - The Clerk shall keep a record of all members and shall enter therein the name of each member, the date of his appointment, the
date of his taking his seat in the House, and, on his ceasing to be a member, the date and the cause thereof.
36. Record of speech to be sent to member - A copy of the record of each member's speech shall be sent to him by the Clerk for correction before it is published. If the member
fails to return the copy to the Clerk within seven days from the date upon which it was despatched to him the speech may be published
without correction.
37. Record of speech disputed by member - If a member disputes the correctness of the record of any speech or seeks to make any material change in the record, the President
shall rule thereon and shall direct publication of the speech in accordance with his ruling which shall be communicated to the member
and shall be final.
38. Official Report to be prepared - An official report of the proceedings of the House which shall be as nearly as possible verbatim shall be prepared under the supervision
of the Clerk.
39. Official Report to be published - The official report prepared in accordance with Order 38 shall be published in such form as the President may direct, and a copy
thereof shall be sent to each member as soon as practicable after the conclusion of each meeting.
PART V - OPENING OF HOUSE ADDRESSES
40. President to open House - On the day and at the time and place appointed, as provided in Order 5 for a meeting of the House the President shall, in the presence
of members, take his seat as President of the House and shall call for prayers to be said. The President shall then address the House
upon such general matters as may appear to him fitting and in keeping with the occasion of the opening of the House.
41. Members may speak to President's address in reply - Upon conclusion of the President's Address each member shall be entitled to speak (each speech lasting not longer than twenty minutes)
in general terms on current affairs:
Provided that matters noted in the Business Paper for the meeting shall not be directly discussed or brought into the debate.
42. Conclusion of Addresses - The opening addresses shall be concluded when each member has had the opportunity to speak without Question put. The addresses
shall unless otherwise ordered take preference over all other business and until disposed of shall be set down each day as an order
of the day as at the commencement of the next sitting.
PART VI - SITTING OF THE HOUSE
43. Days for sitting - Subject to the provisions of Order 5, the House shall sit on such days as it shall decide:
Provided that every adjournment of sittings of the House, unless otherwise provided, shall be to the next day other than a Saturday,
Sunday or Public Holiday; and
Provided further that the President may at any time suspend a Sitting.
44. Hours of normal sitting - Each Sitting shall commence at 9 a.m. and, unless the House has previously adjourned, and subject to the provisions of Order 53
shall end at 1 p.m.
45. Procedure if Closure moved or proceedings for closure in progress - On the interruption of business under the provisions of Order 44, the Closure may be moved, and if it is moved or if proceedings
under Order 120 are already in progress at three minutes to 1 p.m., the President shall not interrupt the business until the Question
consequent upon the moving of the Closure and any further Question provided for in the said Order have been decided. Thereafter the
House shall be adjourned by the President without Question put.
PART VII - ADJOURNMENT OF DEBATE
46. Debate may be adjourned - A debate may be adjourned either to a later hour on the same day or to another day. The Question for the adjournment of the debate
shall be put forthwith and determined without Amendment or debate.
47. Member moving adjournment entitled to speak first - The Member upon whose motion any debate shall be adjourned shall be entitled, if he claims the right, to speak first on the resumption
of the debate.
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