Premier's Department Act 1973-74

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5. Functions of the Central Administration Division
6. Secretary of the Premier's Department
7. Other Officers and Employees

8. Functions of External Affairs Division
9. Director of External Affairs
10. Other Officers and Employees

11. Functions of Outer Islands Affairs Division
12. Director of Outer Islands Affairs
13. Chief Administration Officers
14. Functions of Chief Administration Officers
15. Senior Clerk
16. Functions of Senior Clerk
17. Co-ordinating Committee
18. Principal functions of Co-ordinating Committee
19. Other officers and employees

20. Research Officer
21. Personal Secretaries to the Premier
22. Special Investigations
23. Annual Reports
24. Regulations
25. Consequential Amendments
Schedule

BE IT ENACTED BY THE Legislative Assembly of the Cook Islands in Session assembled, and by the authority of the same, as follows:

There shall be a Department of State to be known as the Premier's Department which under the control of the Premier shall be charged with the administration of this Act and with such other functions as may be lawfully conferred on it.

(1) There shall be three Divisions of the Department which shall be responsible to the Premier for such functions as may be prescribed by this Act or any other enactment and for such other functions as the Premier may deem necessary.

(1) There shall from time to time be appointed as a member of the Public Service a Secretary of the Premier's Department who shall be the administrative head of the Central Administration Division of the Department.

(2) The person holding office at the commencement of this Act as the Secretary of the Premier's Department shall be deemed to have been appointed to that office under this Act.

(1) There may from time to time be appointed as members of the Public Service such other officers and employees of the Central Administration Division of the Premier's Department as may be necessary.

(2) All officers and employees shall act under the direction of the Secretary of the Premier's Department in the exercise and performance of the powers, duties and functions conferred or imposed on them by an enactment of which the Central Administration Division or the Secretary of the Premier's Department is charged with the administration by this Act or any other enactment.

(3) All persons (except those elsewhere in this Act excluded) who at the commencement of this act are officers and employees of the Department shall be deemed to have been appointed to the Central Administration Division under this Act.

The function of the External Affairs Division shall be to assist the Premier in any external matter affecting the Cook Islands.

(1) There shall from time to time be appointed as a member of the Public Service a Director of External Affairs who shall be the administrative head of the External Affairs Division of the Premier's Department.

(2) The person holding office at the commencement of this Act as External Affairs officer shall be deemed to have been appointed to the Office of Director of External Affairs under this Act.

(1) There may from time to time be appointed as members of the Public Service such other officers and employees of the External Affairs Division of the Premier's Department as may be necessary.

(2) All officers and employees shall act under the direction of the Director of External Affairs in the exercise and performance of the powers, duties and functions conferred or imposed on them by any enactment of which the external affairs division or the Director is charged with the administration by this Act or any other enactment.

(3) All persons who at the commencement of this Act are officers and employees of the External Affairs Division of the Premier's Department shall be deemed to have been appointed under this Act.

There shall from time to time be appointed as a member of the Public Service a Director of Outer Island Affairs who shall be stationed in Rarotonga and shall be the administrative head of the Outer Islands Affairs Division of the Department.

There may from time to time be appointed as members of the Public Service Chief Administration Officers for the Outer Islands who shall subject to the control of the Director be responsible for the administration of the functions prescribed by Section 14 of this Act.

The Chief Administration Officers shall have the following principal functions:-

There shall from time to time be appointed as a member of the Public Service a Senior Clerk for each outer island who shall subject to the control of the Chief Administration Officer, if any, be responsible for the administration of the functions prescribed by Section 16 of this act.

There shall from time to time be appointed on each outer island a Co-ordinating Committee consisting of:

(1) There may from time to time be appointed as members of the Public Service such other officers and employees of the Outer Islands Affairs Division of the Premier's Department as may be necessary both in Rarotonga and in the Outer Islands.

(2) All officers and employees shall act under the direction of the Director of Outer Island Affairs in the exercise and performance of the powers, duties and functions conferred or imposed on them by any enactment of which the Outer Islands Affairs Division or the Director is charged with the administration by this Act or any other enactment.

(3) All persons in the outer islands (other than Resident Agents and Clerks-In-Charge) who at the commencement of this Act are officers and employees of the Premier's Department shall be deemed to have been appointed to the Outer Islands Affairs Division of the Premier's Department under this Act.

There shall from time to time be appointed as a member of the Public Service a Research Officer within the Department who shall be directly responsible to the Premier for undertaking such research ad the Premier may deem necessary.

(1) There shall from time to time be appointed as members of the Public Service not more than two Personal Secretaries to the Premier who shall be directly responsible to the Premier and who shall perform such duties or functions as the Premier may direct.

(2) The person holding office at the commencement of this Act as Personal Secretary to the Premier shall be deemed to have been appointed to that office under this Act.

(a) The Premier may from time to time, as he thinks fit, cause an investigation pursuant to this section to be made into any matter connected with or affecting any of the functions of the Department.

(b) For the purpose of any such investigation, the Premier may, by order in writing signed by him, require any person, partnership, company or other corporate body carrying on any business relating to or affecting the subject matter of the investigation to produce for the inspection of any person nominated in that behalf by the Premier, any papers, books or documents which are in possession of the person, partnership, company or coporate body, or to set down in writing any facts relating to the subject matter of the investigation which are within the knowledge of the person, partnership, company, or coporate body, and to allow copies or extracts from any such papers, books or documents to be made by the person inspecting them.

(c) Any person who fails to comply with any order of the Premier under this section or who deceives or obstructs or attempts to deceive or obstruct any person nominated by the Premier as aforesaid in the conduct of any such investigation commits an offence, and shall be liable on conviction to a fine not exceeding one hundred dollars.

(d) All informations obtained by the Premier or by any other person by means of any such investigation shall be treated as confidential except for the purpose of this Act.

(1) The Secretary of the Premier's Department, the Director of External Affairs and the Director of Outer Islands Affairs shall as soon as practicable after the end of each financial year furnish to the Premier and individual report on the operations of their respective Divisions for that year.

(2) A copy of each report shall be laid before the Legislative Assembly within twenty-eight days after it has been furnished to the Premier if the Assembly is then in session, and, if not, shall be laid before the Legislative Assembly within twenty-eight days after the commencement of the next ensuing session.

(1) The High Commissioner, by Order in Executive Council, may from time to time make all such regulations as are deemed necessary or expedient for the purpose of giving full effect to this Act and for the due administration thereof.

(2) All regulations made under this section shall be laid before the Legislative Assembly by the Premier within twenty-eight days of the date of the making thereof if the Assembly is then in session, and, if not, shall be laid before the Assembly within twenty-eight days after the date of commencement of the next ensuing session.

The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule.

Enactment Amended	Amendment
Island Councils By-Laws and Ordinances
1916 No.1 - Aitutaki Peace, Order and Good Government Ordinance 1916	By omitting from sections 13, 15, 17, 24, 25, 27, 28 and 31 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 4, 5, 33, 34 and 39 the words "Resident Agent" and substituting the words "Senior Clerk".
1916 No.2 - Aitutaki Planting of Lands Ordinance 1916	By omitting from section 6 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1958 No.12 - Aitutaki Water Supply Ordinance 1958	By omitting from sections 2 and 4 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 6 and 10 the words "Resident Agent" and substituting the words "Senior Clerk".
1964 No.3 - Aitutaki Coconut and Coconuts Products Bylaw 1964	By omitting from section 5 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1916 No.1 - Atiu Peace, Order and Good Government Ordinance 1916	By omitting from sections 3, 5, 24, 25, 28 and 31 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 13 and 35 the words "Resident Agent" and substituting the words "Senior Clerk".
1926 No.3 - Atiu Cargo Shed Ordinance 1926	By omitting from section 9 the words "Resident Agent" and substituting the words "Senior Clerk".
1949 No.7 - Atiu Planting of Lands Ordinance 1949	By omitting from section 2 the term "Resident Agent" and its definition and substituting the following new term and definition: " "Chief Administration Officer" means the Chief Administration Officer appointed under the provisions of the Premier's Department Act 1973-74". By omitting from sections 5, 6 and 7 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1966 No.1 – Atiu Road Tax By-Law 1966	By omitting from sections 4, 6, 8 and 9 the words "Resident Agent" and substituting the words "Senior Clerk".
1916 No1. – Mangaia Peace, Order and Good Government Ordinance 1916	By omitting from sections 3, 5, 27, 28, 30 and 33 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 13 and 15 the words "Resident Agent" and substituting the words "Senior Clerk".
1922 No. 4 –Mangaia Boating of Cargo Ordinance 1922	By omitting from sections 6, 9 and 10 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from section 2 the words "Resident Agent" and substituting the words "Senior Clerk".
1923 No.6 – Mangaia Copra Ordinance 1923	By omitting from sections 4 and 5 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1962 No. 4 –Mangaia Harbour Fees By-Law 1962	By omitting from sections 5 and 6 the words "Resident Agent" and substituting the words "Senior Clerk".
1964, No.10 – Mangaia Road Tax By-Law 1964	By omitting from section 8 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1964, No. 12 – Mangaia Cinematographic Admission Tax By-Law 1964	By omitting from section 7 the words "Resident Agent" and substituting the words "Senior Clerk".
1916, No.1 – Manihiki Peace, Order and Good Government Ordinance 1916	By omitting from sections 5, 8 and 9 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from section 12 the words "Resident Agent" and substituting the words "Medical Officer".
1936, No.2 - Manihiki Peace, Order and Good Government Amendment Ordinance 1936	By omitting from section 8 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from section 6 the words "Resident Agent" and substituting the words "Senior Clerk".
1918, No.1 - Mauke Peace, Order and Good Government Ordinance 1918	By omitting from sections 3, 7, 15, 28, 31 and 34 the words "Resident Agent" and substituting the words "Chief Administration Officer"
1957, No.6 - Mauke Boating Ordinance 1957	By omitting from section 9 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1958, No.7 - Mauke Pigs Ordinance 1958	By omitting from sections 2, 3 and 4 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1960, No. 9 - Mauke Protection of Crops Ordinance 1960	By omitting from sections 2 and 3 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1961, No. 10 - Mauke Road Tax By-Law 1961	By omitting from sections 3 and 8 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1966, No. 15 - Mauke Dogs Registration By-Law 1966	By omitting all references in the By-law to the term "Resident Agent" and substituting-references to the term "Senior Clerk".
1937, No. 1 - Mitiaro Peace Order and Good Government Ordinance 1937	By omitting from sections 15, 26, 32, 34 and 36 the words "Chief Administration Officer". By omitting from sections 2, 4, 6 and 20 the words "Resident Agent" and substituting the words "Senior Clerk".
1916, No. 1 – Penrhyn Peace, Order and Good Government Ordinance 1916	By omitting from sections 3, and 4 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from section 11 the words "Resident Agent" and substituting the words "Medical Officer".
1949, No. 2 – Penrhyn Peace, Order and Good Government Ordinance 1949	By omitting from sections 3, and 4 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from section 11 the words "Resident Agent" and substituting the words "Medical Officer".
1949, No. 2 - Penrhyn Peace, Order and Good Government Ordinance 1949	By omitting from sections 4 and 6 the words "Resident Agent" and substituting the words "Senior Clerk".
1937, No. 1 - Pukapuka Peace, Order and Good Government Ordinance 1937	By omitting from sections 13 and 21 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 2, 4 and 6 the words "Resident Agent" and substituting the words "Senior Clerk".
1961 No. 2 - Pukapuka Boating By-Law 1961	By omitting from sections 8 and 9 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1962, No. 4 - Pukapuka Harbour Fees By-Law 1962	By omitting from sections 5 and 6 the words "Resident Agent" and substituting the words "Senior Clerk".
1916, No. 1 - Rukahanga Peace, Order and Good Government Ordinance 1916	By omitting from section 12 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1936, No. 2 – Rukahanga Peace, Order and Good Government Ordinance 1936	By omitting from sections 2, 4 and 6 the words "Resident Agent" and substituting the words "Senior Clerk" By omitting from section 8 the words "Resident Agent" and substituting the words "Chief Administration Officer".
Regulations made pursuant to Ordinances enacted by the Legislative Assembly
Employers' Liability Insurance Regulations 1965	By omitting from Form Two of the First Schedule the words "Resident Agent" and substituting the words "Senior Clerk".
Enactments of the New Zealand Parliament
1915 No. 40 - The Cook Islands Act 1915	By omitting from section 2 the term "Resident Agent" and its definition: " "Senior Clerk" means a Senior Clerk appointed under the provisions of the Premier's Department Act 1973-74". By omitting from section 126, section 278 paragraph (a) of subsection (2) of section 445, subsection (2) of section 475 and section 653 the words "Resident Agent" and substituting the words "Senior Clerk".
1957, No. 103 - The Cook Islands Amendment Act 1957	By omitting from section 20 the words "Secretary of the Premier's Department" and substituting the words "Financial Secretary". By omitting from section 52 the words "Resident Agent" and substituting the words "Chief Administration Officer".
Ordinances of the Legislative Assembly and Legislative Council
1948, No. 2 – Building Ordinance 1948	By omitting from sections 3, 4, 5, 7 and 11 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 6 and 8 the words "Resident Agent" and substituting the words "Senior Clerk".
1951, No. 3 – Cinematographic Ordinance 1951	By omitting from sections 6, 10, 12 and 13 the words "Resident Agent" and substituting the words "Chief Administration Officer".
	By omitting from the First Schedule the words "Resident Agent" and substituting the words "Senior Clerk".
1951 , No.4 – Wandering Stock Ordinance 1951	By omitting from sections 9, 10 and 12 the words "Resident Agent" and substituting the words "Chief Administration Officer".
1954, No. 3 – Arms Ordinance 1954	By omitting from section 8 subsection (2) the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from subsection (6) of section 8 the words "Resident Agent" and substituting the words "Senior Clerk".
1963, No. 9 - Cook Islands Shipping Ordinance 1963	By omitting from sections 5 and 20 the words "Resident Agent" and substituting the words "Chief Administration Officer". By omitting from sections 14 and 16 the words "Resident Agent" and substituting the words "Senior Clerk".
1964, No. 1 - Cook Islands Industrial and Labour Ordinance 1964	By omitting from section 46 the words "Resident Agent or Clerk-in-Charge" and substituting the words "Senior Clerk".
New Zealand made Regulations
New Zealand Gazettee No. 72 of 28 June 1916 - Regulations under the Cook Islands Act 1915 to provide for the issue of Trading Licences	By omitting all references in the Regulations to the term "Resident Agent" and substituting references to the term "Senior Clerk".
New Zealand Gazette No. 135 of 1st December 1916 - Rules of the Land Court made under the Cook Islands Act 1915	By omitting all references in the Rules to the term "Resident Agent" and substituting references to the term "Senior Clerk".
New Zealand Gazette No. 102 of 21st June 1917 - Regulations as to Leprosy and other Diseases in the Cook Islands	By omitting all references in the Regulations to the term "Resident Agent" and substituting references to the term "Chief Administration Officer".
New Zealand Gazette No. 17 of 12th March 1925 – Revoking Regulations for the use, management and control of wharf and cargo sheds at Arutanga, in the Island of Aitutaki, Cook Islands and making new regulations therefore.	By omitting all references in the Regulations to the term "Resident Agent" and substituting references to the term "Senior Clerk
S.R. 1944/19 - The Cook Islands Import Control Regulations 1944	By omitting from regulation 3 the following words: "any Resident Agent holding office under section 12 of the Cook Islands Act 1915" and substituting the words: "any Senior Clerk appointed under the provisions of the Premier's Department Act 1973-74". By omitting from regulation 4 the words "Resident Agent" and substituting the words "Senior Clerk".
S.R. 1948/200 - The Cook Islands Exchange Control Regulations 1948	By omitting from regulation 6 the following words: "any Resident Agent holding office under section 12 of the Cook Islands Act 1915" and substituting the words: "any Senior Clerk appointed under the provisions of the Premier's Department Act 1973-74" By omitting from regulation 7 the words "Resident Agent" and substituting the words "Senior Clerk"
S.R. 1954/146 - The Cook Islands Fruit Regulations 1954	By omitting from regulation 2 the words "Resident Agent" and substituting the words "Senior Clerk".
Acts of the Legislative Assembly
1966, No.9 – Local Government Act 1966	By omitting from section 2 the term "Resident Agent" and its definition. By omitting from section 2 the term "Clerk-In-Charge" and its definition. By adding in section 2 the following new terms and definitions: " "Chief Administration Officer" means a Chief Administration Officer appointed under the provisions of the Premier's Department Act 1973-74 and includes a Senior Clerk acting in his place when absent". " "Senior Clerk" means a Senior Clerk appointed under the provisions of the Premier's Department Act 1973-74". By omitting from section 5 the words "Resident Agent or Clerk-in-Charge" and substituting the words "Chief Administration Officer". By omitting from section 13 the words "Resident Agent" or the Clerk-in-Charge as the case may be" and substituting the words "Senior Clerk". By omitting the words "Resident Agent" and "Clerks-in-Charge" wherever they appear in sections 21, 22 and 35 and substituting the words "Chief Administration Officer". By omitting from section 80 the words "senior member of the Cook Islands Public Service on the Island" and substituting the words "Chief Administration Officer for Islands other than Rarotonga".
1972, No. 16 - Income Tax Act 1972	By omitting from section 205 the words "Resident Agent or Clerk-in-Charge" and substituting the words "Senior Clerk".

RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Government, by T. KAPI, Government Printer -1974.

Cook Islands Sessional Legislation

Premier's Department Act 1973-74