In re Article 19 of the Constitution [2001] NUHC 1; C47-00 (1 October 2001)

IN THE HIGH COURT OF NIUE

IN RE ARTICLE 19 OF THE CONSTITUTION

High Court C47/00
1 October 2001
Hingston J

Employment within both a registered business and the Niue Assembly –– Article 19 of the Niue Constitution – Members disqualified from becoming public servants or interested in Government contracts

The applicant, a member of the Assembly, applied for the post of manager in the Niue Development Bank. The NDB is a state owned statutory corporation. He was successful. It was made clear to the applicant, by the Secretary for Justice, that the applicant would have to resign from the Assembly if he was to hold a position in the Bank. The applicant refused to resign from the Assembly and sought a declaration as to the application of article 19 of the Constitution to him.

Held Article 19(b) of the Niue Constitution applies to a member of the Niue Legislative Assembly who is an employee of a state owned statutory corporation.

Application

This was an application for a declaratory judgment in relation to article 19 of the Constitution.

Hingston J It is hereby ordered that article 19(b) of the Niue Constitution does apply if the member of the Niue Legislative Assembly is an employee of a registered business entity that has a management contract or another form of contractual arrangement with a public institution, a state-owned entity, a state corporation, a statutory body, or the likes regardless of whether the business entity is registered:

(i) a sole operation (the member);

(ii) a partnership (the member being one partner).

Reported by: Nicola Scott