High Court of the Cook Islands
{{Politics of the Cook Islands}}
The High Court of the Cook Islands is the court of first instance in the Cook Islands. It has general jurisdiction and responsibility under the Constitution of the Cook Islands for the administration of justice in the Cook Islands.Constitution of the Cook Islands, s47 The Court is established by part IV of the Constitution of the Cook Islands.{{cite web |url=http://www.paclii.org/ck/legis/num_act/cotci327/ |title=Constitution of the Cook Islands |publisher=PACLII |date= |accessdate=14 August 2020}}
Composition and location
The Court consists of the Chief Justice of the Cook Islands, a number of other Judges, and Justices of the Peace. Judges must have practiced as a barrister in New Zealand or another Commonwealth or designated country for at least seven years, or hold or have held office as a Judge of the High Court of New Zealand, Court of Appeal of New Zealand, Supreme Court of New Zealand, or an equivalent office in a Commonwealth or designated country.Constitution of the Cook Islands, s49 Judges of the New Zealand Māori Land Court are appointed to the Land Division.{{cite web |url=https://www.lawsociety.org.nz/news/lawtalk/issue-902/new-chief-justice-for-cook-islands/ |title=New Chief Justice for Cook Islands |publisher=New Zealand Law Society |date=1 December 2016 |accessdate=20 September 2020 |archive-date=24 June 2021 |archive-url=https://web.archive.org/web/20210624203806/https://www.lawsociety.org.nz/news/lawtalk/issue-902/new-chief-justice-for-cook-islands/ |url-status=dead }} Non-resident Judges are appointed for a three-year term;Constitution of the Cook Islands, s53. other Judges are appointed for life.
The Court sits mainly in Avarua, but also holds hearings in Aitutaki and Atiu.
Jurisdiction
The court is divided into four divisions: criminal, civil, land, and children's court.{{cite web |url=http://www.paclii.org/ck/other/cook-islands-justices-bench-book-second-edition-2012.pdf |title=The Cook Islands Justices Bench Book |publisher=High Court of the Cook Islands |page=19 |date=2012 |accessdate=20 September 2020}} Any Judge of the High Court may exercise any of the powers of any division.Constitution of the Cook Islands, s47. The Land Division has inherited the powers of the former Land Court of the Cook Islands, but has no jurisdiction over land on the islands of Mangaia, Mitiaro and Pukapuka unless requested by the relevant island council.Constitution of the Cook Islands, s48.
When constituted by a Judge, the High Court has original jurisdiction, and may hear appeals of decisions made by Justices of the Peace.{{cite web |url=http://www.paclii.org/ck/courts.html |title=Cook Islands Courts System Information |publisher=PACLII |date= |accessdate=20 September 2020}}
When constituted by a single Justice of the Peace, the criminal division has jurisdiction over specified minor offences and those punishable by fine only, and may only sentence people to imprisonment for less than two years or a fine of up to $500.High Court of the Cook Islands (2012), p 26 - 27 A single Justice of the Peace may also hear pleas and traffic offences,High Court of the Cook Islands (2012), p 26 - 27 as well as applications for summonses and custody of a minor.High Court of the Cook Islands (2012), p 29 When constituted by a panel of three Justices of the Peace, the Court has jurisdiction over specified offences, and may sentence people to imprisonment for up to three years or a $1000 fine. A three-justice panel may also hear extradition cases.
In the civil jurisdiction, a single Justice of the Peace can hear matters where the amount in dispute is $1500 or less, and a panel of three Justices of the Peace can hear matters where the amount in dispute is between $1500 and $3000.High Court of the Cook Islands (2012), p 28
Judges
The following are the Judges of the High Court as of January 2020:{{cite web |url=http://www.justice.gov.ck/index.php/38-public-notice/114-judge-and-jp-court-schedule-2020 |title=JUDGE AND JP COURT SCHEDULE 2020 |publisher=Cook Islands Ministry of Justice |date=21 January 2020 |accessdate=20 September 2020}}
- Patrick Keane (Chief Justice) (appointed 2022){{cite web |url=https://www.justice.gov.ck/?p=1478 |title=Media Release: Judicial Appointments |publisher=Ministry of Justice |date=6 December 2022 |access-date=9 December 2022}}
- Craig Coxhead (appointed 2016)
- Colin Doherty
- Wilson Isaac
- Dame Judith Potter
- Patrick Savage
- Peter Woodhouse
- Kit Toogood (appointed 2022)
As of August 2020 there are twenty Justices of the Peace: 14 on Rarotonga, two each on Aitutaki and Manihiki, and one each on Mangaia and Mauke.{{cite web |url=http://www.justice.gov.ck/index.php/criminal-civil/126-justices-of-the-peace |title=Justices of the Peace |publisher=Cook Islands Ministry of Justice |date=27 August 2020 |accessdate=20 September 2020}}