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Cook Islands - Judgments Collection 1976-1995 |
| Volume 1 (1976-1980) | Volume 3 (1986-1990) |
| Volume 2 (1981-1985) | Volume 4 (1991-1995) |
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1976-1980 - ALPHABETICAL INDEX
A
Advocate-General v Davis and Story
C
Cameron v Mainline-Brown & Doherty Contractors Ltd
Cook Islands Motor Centre v Collector of Inland Revenue
H
Henry In re
Hosking v Browne, Henry, Kamana, Jack, Gosselin and Bullen
M
Mitiaro Constituency In re
N
Ngatuaine v Mareiti, Pirangi, Gosselin and Ruddell
P
Pokoati v Tetava, Gosselin and Moo
Police v Henry and Turner
Police v Henry, Henry and Turner
R
R v Kenny, Little, Cook Islands Development Co and others
S
Short v Matapo, Gosselin and Caffery
Story v CI Broadcasting and Newspaper Corporation, Advocate-General and Williams
T
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
Tapaitau v Kenny
Te-Au-O-Tonga, Takitumu and Puaikura Constituencies, In re
1976-1980 - CONSTITUTION AND LEGISLATION CITED
CONSTITUTION
Art. 45 Advocate-General v Davis and Story
LEGISLATION
Cook Islands Act 1915 (NZ)
s148 R v Kenny, Little, Cook Islands Development Company and Others
Crimes Act 1969
s407 Police v Henry and Turner s408 Tapaitau v Kenny
Electoral Act 1966
Public Moneys Act 1969
In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies
1976-1980 - INDEX OF SUBJECT MATTER
Administrative Law
See Judicial Review
Appeal
Security for costs
In re Henry
Full Court
In re Henry
Contempt of Court
R v Kenny, Little, Cook Islands Development Company and Others
Contract
Contract of employment - wrongful dismissal
Cameron v Mainline-Brown & Doherty Contractors Ltd.
Criminal Law and Procedure
Conspiracy
Police v Henry and Turner
Contempt of Court
R v Kenny, Little, Cook Islands Development Company and others
Non- publication of evidence in criminal proceedings
Tapaitau v Kenny
Sentencing
Police v Henry, Henry and Turner
Defamation
Parliamentary privilege - claim relating to conduct of Speaker
Story v CI Broadcasting Newspaper Corporation, Advocate-General and Williams
Election
Common law regulating elections applicable in Cook Islands except where altered by statute
In re Mitiaro Constituency
Corrupt Practices - Bribery
In re Mitiaro Constituency
In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies
Corrupt Practices - Treating
In re Te-Au-O-Tonga, Takitumu and Puaikura Constituencies
In re Mitiaro Constituency
Irregularities
In re Mitiaro Constituency
Standard of proof in election proceedings
In re Mitiaro Constituency
Income Tax
Burden of proof in objection to assessment
Cook Islands Motor Centre Ltd. v Collector of Inland Revenue
Expenditure "exclusively incurred" in production of income
Cook Islands Motor Centre Ltd. v Collector of Inland Revenue
Interpretation
Statutes
"Unsoundness of mind"
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
Judicial Review
Actions subject to judicial review
- decision of the Speaker as to whether to sign certificate that Bill has been passed by Parliament
Advocate-General and Davis v Story
Bias
- rule against bias applied to administrative decision
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
-reasonable appearance of bias invalidates decision
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
Discretion of court to decline relief
-decision would have been the same
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
-public interest
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
-acquiescence of plaintiff
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
Parliament
Defamation relating to conduct of Speaker - breach of parliamentary privilege- exclusive jurisdiction of Parliament to determine
Story v CI Broadcasting and Newspaper Corporation, Advocate-General and Williams
Speaker
- decision as to whether to sign certificate that bill has been passed by Parliament not immune from judicial review
Advocate-General and Davis v Story
- obligation to sign certificate that bill has been passed by Parliament
Advocate-General and Davis v Story
Vacation of seat of member - unsoundness of mind
Tangata v The Speaker, Deputy Speaker and Chief Electoral Officer
------------------------------------------------------------------------------------------------
1981-1985 - ALPHABETICAL INDEX
A
Auto Holdings Ltd v Silk & Boyd Ltd
Auto Holdings Ltd v Silk & Boyd Ltd (No 2)
B
BP South West Pacific Ltd v Collector of Inland Revenue
C
Chapman v Cook Islands Public Service Board of Appeal
Clarke v Karika
F
Foote v Rolls and Hibiscus House Ltd
Foote v Rolls, Hibiscus House Ltd and Rolls
Financial Enterprises Ltd v Native Landowners of Te Kauariki Pt Section 131 Matavera
H
Harnish v Kauvai and others
Heather v Fraser
Henry v Attorney-General
I
Ihaka v Nicholas and Nicholas
Ingram Te Upoko Te Pa Mataiapo v Amarama and Amarama
M
McDonald v Robati
Marine Resources (Cook Islands) Ltd v Solicitor-General
Marine Resources (Cook Islands) Ltd v Solicitor-General (No 2)
Matavera Constituency, In re
Mitchell v Land Owners of land of Aitutaki Airport
Mitiaro Constituency, In re
Mitiaro Trading Co Ltd v Estall, Strickland, Joseph, Henry and Strickland
O
Overseas Constituency, In re
P
Pauarii, In re Vaine Nooroa O Taratangi
Pauarii, In re Vaine Nooroa O Taratangi (No 2)
Pokoati, In re Taimata
Police v Ingram
Q
Queen's Representative, In re a Reference by
Queen's Representative, In re a Reference by (Supplementary Opinion)
R
Raina, In re Tanu, Deceased
Reference by Queen's Representative, In re
Reference by Queen's Representative, In re (Supplementary Opinion)
Rhodes v Mani Roi, In re Teaukura
Roi, in re Teaukura
Ruaau Constituency, In re
Ruaau Constituency (No 2), In re
Ruaau Constituency (No 3), In re
Ruaau Constituency (No 4), In re
S
Sandilands v Carlaw
Solicitor-General v Porter
Staples v Bertram and Mitchell
T
Takuvaine Constituency, In re
Teenui-Mapumai Constituency, In re
Tengatangi-Areora-Ngatiarua Constituency, In re
V
Vakatini, In re Ina
1981-1985 - CONSTITUTION AND LEGISLATION CITED
CONSTITUTION
Art 13 In re a Reference by the Queen's Representative Art 34 In re a Reference by the Queen's Representative Art 41 Henry v Attorney-General Art 64(1)(b) Clarke v Karika Art 64(1)(e) Clarke v Karika
LEGISLATION STATUTES AND SUBSIDIARY LEGISLATION CITED
Cook Islands Act 1915 (NZ)
Art 34 Mitiaro Trading Co Ltd v Estall, Strickland, Joseph, Henry and Strickland s391 Ingram Te Upoko Te Pa Mataiapo v Amarama and Amarama s409 B Mitchell v Landowners of lands of Aitutaki Airport
Cook Islands Amendment Act 1950 (NZ)
s19 Mitchell v Landowners of lands of Aitutaki Airport s50 In re Teaukura Roi Ingram Te Upoko Te Pa Mataiapo v Amarama and Amarama
Cook Islands Commercial Fishing Regulations 1951 (NZ)
Marine Resources (Cook Islands) Ltd v Solicitor-General
Criminal Procedure Act 1980-81
s111 Police v Ingram
Customs Act 1911 (NZ)
ss46, 256, 257 Solicitor-General v Porter
Development Investment Act 1977
Foote v Rolls and Hibiscus House Ltd Foote v Rolls, Hibiscus House Ltd and Rolls
Electoral Act 1966
Rehearing of Te Puna Lands Act 1980
Clarke v Karika
Turnover Tax Act 1980
BP South West Pacific Ltd v Collector of Inland Revenue
1981-1985 - INDEX OF SUBJECT MATTER
Administrative law
Bias - rule against bias applied only where there is a duty to act judicially
McDonald v Robati
Excess of jurisdiction - discretion of Public Service Appeal Board cannot be fettered by qualifications fixed by Public Service Commissioner
Chapman v Cook Islands Public Service Board of Appeal
Natural justice and fairness
- not applicable to refusal to renew residence permit
McDonald v Robati
- reasons for decision not required to be given
McDonald v Robati
- rule against bias applied only where there is a duty to act judicially
McDonald v Robati
- reasons for administrative decisions not required to be given
McDonald v Robati
Adoption
Customary adoption - recognition by near family
In re Tanu Raina Deceased
In re Vaine Nooroa O Taratangi Pauarii
In re Vaine Nooroa O Taratangi Pauarii (No 2)
Appeal
Findings as to credibility of witnesses will not be lightly interfered with by appellate court
Staples v Bertram and Mitchell
Findings of fact will not be lightly interfered with by appellate court
In re Ina Vakatini
Ingram Te Upoko Te Pa Mataiapo v Amarama and Amarama
No appeal from refusal to cancel occupation order
In re Teaukura Roi
Order for security for costs may be appealed
Marine Resources (Cook Islands) Ltd v Solicitor-General (No 2)
Constitution
Amendment, procedures for
Henry v Attorney-General
Freedom from discrimination and right to equality of treatment
Clarke v Karika
Fundamental rights and freedoms provisions
- applicability to existing laws
Clarke v Karika
-interpretation
Clarke v Karika
Interpretation, principles of
Clarke v Karika
Henry v Attorney-General
Prime Minister, appointment of, procedures to be used to determine support of members of Parliament
In re a Reference by the Queen's Representative
In re a Reference by the Queen's Representative (No 2)
Contract
Collateral warranty
Mitiaro Trading Co Ltd v Estall, Strickland, Joseph, Henry and Strickland
Company not incorporated - contract made on behalf of unincorporated company void
Marine Resources (Cook Islands) Ltd v Solicitor-General
Illegality - effect of Cook Islands Commercial Fishing Regulations 1951 (NZ)
Marine Resources (Cook Islands) Ltd v Solicitor-General
- effect of Development Investment Act 1977
Foote v Rolls and Hibiscus House Ltd
Foote v Rolls and Hibiscus House Ltd and Rolls
Intention to form contract
Marine Resources (Cook Islands) Ltd v Solicitor-General
Mistake
Mistake of one party contributed to, or known by, the other
Heather v Fraser
Oppressive, unreasonable or improvident contract - relief under s45 Cook Islands Act 1915
Mitiaro Trading Co Ltd v Estall, Strickland, Joseph, Henry and Strickland
Rectification
Heather v Fraser
Criminal Law and Procedure
Costs against the prosecution - principles to be applied
Rhodes v Mani
Discharge of defendant before trial
Police v Ingram
Discretion of court to admit evidence, which is not strictly admissible, if no miscarriage of justice would be caused
Police v Ingram
Discretion of justice to direct that accused be discharged - test to be applied
Police v Ingram
False practices - ingredients of offence
Police v Ingram
Indecent documents - importation only an offence if for distribution, exhibition or sale - importation for own use not an offence
Solicitor-General v Porter
Customs Importation of indecent documents
Solicitor-General v Porter
Defamation
Making of defamatory statement - evidence inadequate
Staples v Bertram and Mitchell
Domestic Proceedings
Mistress- entitlement to property acquired during relationship
Sandilands v Carlaw
Election
Corrupt Practices - agency
In re Mitiaro Constituency
In re Ruaau Constituency (No 3)
- by unsuccessful candidate
In re Ruaau Constituency (No 4)
- bribery In re Tengatangi - Areora - Ngatiarua Constituency
In re Teenui - Mapumai Constituency
- Mapumai Constituency
In re Matavera Constituency
In re Mitiaro Constituency
- treating In re Tengatangi - Areora - Ngatiarua Constituency
In re Teenui - Mapumai Constituency
In re Ruaau Constituency (No 3)
In re Matavera Constituency
In re Mitiaro Constituency
Irregularities - kinds of irregularities
In re Ruaau Constituency
In re Ruaau Constituency (No 2)
In re Overseas Constituency
- material effect upon election
In re Overseas Constituency
Opening of ballot box - person entitled
In re Ruaau Constituency
Recount, finality of
In re Ruaau Constituency (No 2)
Unsuccessful candidate - corrupt practices by
In re Ruaau Constituency (No 4)
Unsuccessful petition - costs will be awarded against petitioner if no adequate grounds
In re Matavera Constituency
Evidence
Discretion of court to admit evidence provided no miscarriage of justice would be caused
Police v Ingram
Interpretation
Constitution
- fundamental rights provisions not retrospective
Clarke v Karika
- principles of interpretation
Henry v Attorney-General
Lease - "gross receipts derived from or arising out of" leased land
Financial Enterprises Ltd v Native Landowners of Te Kavariki Pt Section 131 Matavera
Statutes
Crown not bound except by express words or necessary implication
Mitchell v Landowners of land of Aitutaki Airport
Mandatory or directory
In re Overseas Constituency
Particular statutes are not revoked by later general statutes
Mitchell v Landowners of land of Aitutaki Airport
Judicial review
Bias - rule against bias applied only where there is a duty to act judicially
McDonald v Robati
Excess of jurisdiction - discretion of Public Service Appeal Board cannot be fettered by qualifications fixed by Public Service Commissioner
Chapman v Cook Islands Public Service Board of Appeal
Natural justice and fairness - not applicable to refusal to renew residence permit
McDonald v Robati
reasons for decision not required to be given
McDonald v Robati
- rule against bias applied only where there is a duty to act judicially
McDonald v Robati
Reasons for administrative decisions not required to be given
McDonald v Robati
Lease or Sublease
Amount of rent payable - percentage of "gross receipts derived from or arising out of demised land"
Financial Enterprises Ltd v Native Landowners of Te Kauariki Pt Section 131, Matavera
Consent to assignment cannot be unreasonably withheld
Harnish v Kauvai and others
Crown as lessee not bound by s409 B Cook Islands Act 1915
Mitchell v Landowners of land of Aitutaki Airport
Leasehold settled on trust void for breach of rule against perpetuity
In re Taimata Pokoati
Mistake, of one party as to term
Heather v Fraser
Term, dispute as to length
Heather v Fraser
Validation by legislation
Mitchell v Landowners of land at Aitutaki Airport
Occupation order
Annulment of occupation order obtained by fraud - proof of fraud
Ingram Te Upoko Te Pa Mataiapo v Amarama and Amarama
Consent of "majority of the owners" - meaning of this phrase
Ihaka v Nicholas and Nicholas
Direct issue only entitled to succeed
In re Teaukura Roi
Discretion of court to make occupation order
Ihaka v Nicholas and Nicholas
No appeal from refusal to cancel occupation order
In re Teaukura Roi
Perpetuity, rule against
Effect of breach
In re Taimata Pokoati
Practice
Non-suit of plaintiff - lack of evidence
Auto Holdings Ltd v Silk & Boyd Ltd
Order for security for costs may be appealed
Marine Resources (Cook Islands) Ltd v Solicitor – General (No2)
Revenue Turnover Tax - liability to pay
BP South West Pacific Ltd v Collector of Inland Revenue
Succession Order
Adopted children, some related by blood, others not
In re Tanu Raina Deceased
Custom adoption must be recognized by near family
In re Tanu Raina Deceased
In re Vaine Pauarii
In re Vaine Pauarii (No 2)
Direct issue only entitled to succeed
In re Teaukura Roi
Title
Entitlement of eldest child unless unsuitable
In re Ina Vakatini
Torts
Liability of employer for negligence of employee outside course of normal duties
Auto Holdings Ltd v Silk & Boyd Ltd (No 2)
Negligence - lack of evidence - non-suit
Auto Holdings Ltd v Silk & Boyd Ltd
Trust
Breach of rule against perpetuity
In re Taimata Pokoati
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1986-1990 - ALPHABETICAL INDEX
A
Arthur v Police
Arthur v Police (No 2)
Arthur v Police (No 3)
C
Cook Islands Motor Centre Limited v Mariki Associates Limited
G
Graham v Graham
H
Harmon v Kikorio and Estall
I
Ingram v Davis and Robati
K
Kikorio v Harmon and Estall
M
Mairi v Toma, Turua and Returning Officer, In re Manihiki Constituency
Manihiki Electoral Roll, In re
Manihiki Constituency, In re
Marine Resources (Cook Islands) Ltd v Solicitor-General
Marsters v Arthur, Unuia, Turua and Maurangi, In re Overseas Constituency
Meripa Investment Partnership v Kairua and Maripa Ltd
N
Ngatipa Section 166, In re
Ngametua and Taimau v Moeau
O
Oneroa Constituency, In re
Overseas Constituency, In re
P
Patu v Rarere
Police v Ruaporo
R
Robati v Toma
Rua and Kimiia v Maoate
Ruaroa and Vaipapa Section 89D, In re
Rubena v Cook Islands Police
S
Samuel v Kora and Manarangi
T
Tapetukura Rangatira, In re
Toeta and Toeta v Department of Electric Power Supply
Toka v Crown Solicitor
W
Wichman v Wichman
1986-1990 - CONSTITUTION AND LEGISLATION CITED:
CONSTITUTION
Art 1 Robati v Toma Art 16(2)(e) Toka v Crown Solicitor Art 28 In re Manihiki Electoral Roll Art 45 Rua and Kimiia v Maoate Art 60 In re Manihiki Constituency Art 60(3) Rubena v Cook Islands Police
LEGISLATION
Cook Islands Act 1915 (NZ)
s390A Ngametua and Taimau v Moeau s428 Ngametua and Taimau v Moeau
Court of Appeal Rules 1981
Rule 12 Harmon v Kikorio and Estall
Criminal Procedure Act 1980-81
ss99, 100, 137 Rubena v Cook Islands Police
Criminal Procedure Act 1980-81
s111 Arthur v Police
Electoral Act 1966
s7(1)(e) Rua and Kimiia v Maoate s7(1)(f) Robati v Toma s8 In re Manihiki Electoral Roll In re Manihiki Constituency s10 Samuel v Kora and Manarangi s69 In re Oneroa Constituency s70 In re Oneroa Constituency s76 In re Overseas Constituency s82 In re Manihiki Constituency
Electoral Amendment Act 1986-87
s3 Rua and Kimiia v Maoate
Evidence Act 1968
s22(3) Arthur v Police
Judicature Act 1980-81
s54 Marine Resources (Cook Islands) Ltd v Solicitor-General
Outer Islands Local Government Act 1976
s10, 10A Samuel v Kora and Manarangi
1986-1990 - INDEX OF SUBJECT MATTER
Appeal
Assessment of matters of fact will not be lightly interfered with by appellate court
Kikorio v Harmon and Estall
Assessment of damages will not be lightly interfered with by appellate court
Kikorio v Harmon and Estall
Leave of High Court to appeal to Court of Appeal - refused
Toka v Crown Solicitor
No right to appeal from decision in respect of election petition
In re Manihiki Constituency
Security for costs - failure to provide security within the prescribed time - effect on appeal
Harmon v Kikorio and Estall
Special leave to appeal to Court of Appeal under Article 60(3) of Constitution
Rubena v Cook Islands Police
Contract
Company not incorporated – contract made on behalf of unincorporated company
Marine Resources (Cook Islands) Ltd v Solicitor-General
Deposit, recovery by party in breach of contract
Patu v Rarere
Hire Purchase Agreement - failure to insure fully
Cook Islands Motor Centre Ltd. v Mariki Associates Ltd
Illegality - effect of Cook Islands Commercial Fishing Regulations 1951 (NZ)
Marine Resources (Cook Islands) Ltd v Solicitor-General
Intention to form contract
Marine Resources (Cook Islands) Ltd v Solicitor-General
Misrepresentation
Meripa Investment Partnership v Kairua and Meripa Ltd
Partnership contract - partners to act "in spirit of mutual cooperation, helpfulness and understanding" - breach of term
Meripa Investment Partnership v Kairua and Meripa Ltd
Unconscionable and unfair contract
-not established
Meripa Investment Partnership v Kairua and Meripa Ltd
Unincorporated company; contract made on behalf of
Marine Resources (Cook Islands) Ltd v Solicitor-General
Criminal Law and Procedure
Discharge of accused before trial
Arthur v Police
Arthur v Police (No 3)
Leave of High Court to appeal to Court of Appeal - principles applicable
Toka v Crown Solicitor
"Possession" of narcotic
Arthur v Police (No 3)
Special leave by Court of Appeal to appeal to that Court - principles applicable
Rubena v Cook Islands Police
Custom
See: Occupation Order
Partition Order
Succession Order
Title
Damages
Assessment by appellate court
Kikorio v Harmon and Estall
Use of awards by courts in other countries
Kikorio v Harmon and Estall
Domestic Proceedings
Custody of children
Graham v Graham
Matrimonial property
Entitlement of wife to property acquired during marriage, constructive trust
Wichman v Wichman
Election
Appeal
-leave to appeal from decision of court on election petition
In re Manihiki Constituency
Corrupt Practices
- Bribery
In re Oneroa Constituency
- Treating
In re Oneroa Constituency
Local government election - decision by Director of Outer Island Affairs based on gross error of law - set aside by certiorari
Samuel v Kora and Manarangi
Elector, qualifications of-
- residence
In re Manihiki Electoral Roll
Evidence
Accomplice - evidence not accepted without corroboration
Police v Ruaporo
Admissibility of letter by counsel in place of affidavit
Ingram v Davis and Robati
Assessment of evidence by appellate court
Kikorio v Harmon and Estall
Certificate as to analysis of drugs - admissibility
Arthur v Police
Chemical test for drugs administered by police - admissibility
Arthur v Police (No 2)
Corroboration - evidence by accomplice not corroborated - no conviction
Police v Ruaporo
Identification - R v Turnbull principles applied
Police v Ruaporo
Hire Purchase
Failure of hirer to insure fully
Cook Islands Motor Centre Ltd v Mariki Associates Ltd.
Failure of owner to sell damaged vehicles for commercially reasonable price
Cook Islands Motor Centre Ltd v Mariki Associates Ltd
Husband and Wife
Constructive Trust
Wichman v Wichman
Insurance
Failure of hirer to insure fully
Cook Islands Motor Centre Ltd v Mariki Associates Ltd
Interpretation
Statutes
Definitions of terms in Constitution and Act not applicable
Robati v Toma
Inconsistency between Act and subsidiary legislation - former prevails
Harmon v Kikorio and Estall
"Reside"- meaning of term
Robati v Toma
Judicial Review
Action subject to judicial review - decision by Chief Administration Officer upon dispute as to election
Samuel v Kora and Manarangi
Certiorari
- gross error of law constitutes excess of jurisdiction
Samuel v Kora and Manarangi
- failure to consider relevant question constitutes excess of jurisdiction
Samuel v Kora and Manarangi
Privative clause, effect of
Samuel v Kora and Manarangi
Negligence
Careless driving
Kikorio v Harmon and Estall
Negligent joining of electrical wires
Toeta and Toeta v Department of Electric Power Supply
Negligent mis-statement
Marine Resources (Cook Islands) Ltd v Solicitor-General
Parliament
Vacation of seat of member
- non attendance without permission of Speaker
Rua and Kimiia v Maoate
- non residence in Cook Islands
Robati v Toma
Partition Order
- principles to be applied
In re Ruaroa and Vaipapa Section 89D
Practice
Striking out
Excessive delay in bringing proceedings
Ingram v Davis and Robati
Succession Order
Misdescription of succession order as an amendment of title does not derogate from its effect as a succession order
Ngametua and Taimau v Moeau
Revocation of order if based on error
In re Ngatipa Section 166
Succession order may be made in respect of land which was investigated before Cook Islands Act 1915
Ngametua and Taimau v Moeau
Title
Succession to deceased Rangatira who has died without issue - election not in accordance with custom
In re Tapetukura Rangatira
Torts
Malicious prosecution - struck out for delay in bringing proceedings
Ingram v Davis and Robati
Negligent driving of motor vehicle
Kikorio v Harmon and Estall
Negligence
Government actions in dealing with fishing company
Marine Resources (Cook Islands) Ltd v Solicitor-General
Temporary join in electricity cable causing fire
Toeta and Toeta v Department of Electric Power Supply
Negligent mis-statement
Marine Resources (Cook Islands) Ltd v Solicitor-General
Trust
Constructive trust-husband and wife
Wichman v Wichman
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1991-1995 - ALPHABETICAL INDEX
A
Akania v Akania
Amoa v Police Department
Anderson v Arnold, Brown & Gibson, Tylor and Short & Tylor
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency (No 2)
Attorney-General v Goodwin and Cook Islands Public Service Association
B
Bishop v The Crown
Brown and Atkins v Police Department
C
Clarke v Cook Islands Airport Authority
Cook Islands Police v Ngau
Cook Islands Police v Richmond
D
Department of Trade, Labour and Transport v South Seas International Ltd
F
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 2)
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3)
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 4)
G
Goodwin and Cook Islands Public Service Association v Attorney-General
Goodwin and Cook Islands Public Service Association v Attorney-General (No 2)
I
Inland Revenue v P.N.T Enterprises Ltd
J
Jonassen v GA Henry
K
Kaputa Mataiapo Title of, In re, Tou v Toeta
Kikorio v Harmon and Estall
M
Maoate v Minister of Finance
Miller and Howard v Napa and Ivanson, and Fine Foods Ltd
Miri, In re Metuavaine
Moeau v Ngametua and Taimau
Morris v Attorney-General
Morris v Tapaitau, In re Penrhyn Constituency
N
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
Neale v Cook Islands Police Department
O
Overseas Constituency, In re, Arthur v Williams, Mataio and Elikana
Overseas Constituency, In re, Arthur v Williams, Mataio and Elikana (No 2)
P
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd (No 2)
Penrhyn Constituency, In re, Morris v Tapaitaui
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No. 3)
Preston and Preston v Tierney
Privileges Standing Committee and the Speaker v Robati
Pukeiti v Cook Islands Police Department
R
Rakahanga Constituency, In re, Piho, v Robati, Mataio and Elikana
Rakahanga Constituency, In re (No 2), Robati v Piho, Mataio and Elikana
Rakahanga Constituency, In re (No 3) Piho v Robati, Mataio and Elikana
Rakahanga Constituency, In re (No 4), Robati v Piho, Mataio and Elikana
Rakahanga Electoral Roll, In re
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2)
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 4)
Robati v Privileges Standing Committee and the Speaker
Ross Holmes Law Partnership v Collector of Inland Revenue
S
Stace v Pierre and Mitchell
Stace v Pierre and Mitchell (No 2)
T
Tierney v Anderson
Tierney v Preston and Preston
Tou v Toeta, In re Mataiapo Title of Kaputa
1991-1995 - CONSTITUTION AND LEGISLATION CITED
CONSTITUTION
Art 1(1) In re Rakahanga Electoral Roll Art 27(2) Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency Art 27(2)(k) Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency Art 28(2)(b) Arthur v Williams, Mataio and Tangimetua, In re Overseas Consituency Art 28B(1) Goodwin v CIPSA and Attorney-General In re Rakahanga Electoral Roll Art 36 Robati v Privileges Standing Committee and the Speaker Art 64(1)(1) Amoa v Police Department Art 65(1)(b) In re Metuavaine Miri Art 65(1)(d) Robati v Privileges Standing Committee and the Speaker Art 65(1)(e) Robati v Privileges Standing Committee and the Speaker Art 65(1)(g) Robati v Privileges Standing Committee and the Speaker
LEGISLATION
13 Eliz Ch 5, 1571
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3)
Acts Interpretation Act 1924
s20(e) Preston and Preston v Tierney Tierney v Preston and Preston
Business Development Fund Act 1984
Department of Trade, Labour and Transport v South Seas International Ltd
Crimes Act 1969
s144(1)(b) Amoa v Police Department
Criminal Procedure Act 1980-81
s105(1) Inland Revenue v P.N.T Enterprises Ltd Brown and Atkins v Police Department
Declaratory Judgments Act 1994
Maoate v Minister of Finance
Development Investment Act 1977
Preston and Preston v Tierney Tierney v Anderson Tierney v Preston and Preston
Electoral Act 1966
Electoral Amendment Act 1993
Goodwin and CIPSA v Attorney-General Goodwin and CIPSA v Attorney-General (No 2)
Evidence Act 1968
ss3, 22 Brown and Atkins v Police Department
Evidence Amendment Act (No 2) 1986-87
Amoa v Police Department
Illegal Contracts Act 1987
Preston and Preston v Tierney Tierney v Preston and Preston
International Trusts Act 1984
Judicature Act 1980-81
s24(1) Inland Revenue v P.N.T. Enterprises Ltd s57 Kikorio v Harmon and Estall s76 Cook Islands Police v Ngau
Judicature Amendment Act 1991
s15A(1) Inland Revenue v P.N.T Enterprises Ltd
Legislative Assembly Powers and Privileges Act 1967
Robati v Privileges Standing Committee and the Speaker
Transport Act 1966
s76 Cook Islands Police v Richmond
Transport Act 1986
Neale v Cook Islands Police Department
Turnover Tax Act 1980
Ross Holmes Law Partnership v Collector of Inland Revenue
Workers Compensation Ordinance 1964
Morris v Attorney-General
1991 - 1995 INDEX OF SUBJECT MATTER
Appeal
Appeal under s76 Judicature Act 1980-81 subject to principle against double jeopardy
Cook Islands Police v Ngau
Assessment of damages will not be lightly interfered with by appellate court
Kikorio v Harmon and Estall
Leave of Court of Appeal to appeal to Privy Council
- counsel's authority to agree to order as to payment of costs
Moeau v Ngametua and Taimau
- leave refused - issue as to non-publication of judgment not an issue of great general public importance
515 South Orange Grove Owners Association and Others v Orange Grove Partners (No 4)
- leave refused-plaintiff undertook to discontinue proceedings
Privileges Standing Committee and the Speaker v Robati
- substantial question of law involved even although Constitution could be amended
Attorney-General v Goodwin and CIPSA
Leave of High Court to appeal to Court of Appeal-refused
Stace v Pierre and Mitchell
Bailment
Duty of care of gratuitous bailee
Clarke v Cook Islands Airport Authority
Constitution
Decision of Privileges Standing Committee of Parliament void if inconsistent with Constitution
Robati v Privileges Standing Committee and the Speaker
Fundamental rights and freedoms
- provision against cruel and unusual treatment
In re Metuavaini Miri
- provision protecting security of the person
Amoa v Police Department
Interpretation, principles of
Robati v Privileges Standing Committee and the Speaker
Goodwin and CIPSA v Attorney-General (No 2)
Statute void because inconsistent with Constitution
Goodwin and Cook Islands Public Service Association v Attorney-General
Goodwin and Cook Islands Public Service Association v Attorney-General (No 2)
Contract
Breach of contractual duty of solicitors alleged-allegations not upheld on facts
Anderson v Arnold, Brown & Gibson, Tylor and Short & Tylor
Deed of indemnity for receiver-extent of liability
Tierney v Anderson
Illegality
-effect of Development Investment Act 1977
Preston and Preston v Tierney
Tierney v Preston and Preston
- effect of Illegal Contracts Act 1987
Preston and Preston v Tierney
Tierney v Preston and Preston
- effect of Turnover Tax Act 1980
Ross Holmes Law Partnership v Collector of Inland Revenue
Interpretation - party to insure to "full insurable value" - meaning of term
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
Miller and Howard v Napa and Ivanson and Fine Foods Ltd
Criminal Law and Procedure
Abuse of process -filing of information alleging conspiracy
Stace v Pierre and Mitchell
Stace v Pierre and Mitchell (No 2)
Appeal
- appeal under s76 Judicature Act 1980-81 subject to principle against double jeopardy
Cook Islands Police v Ngau
Conspiracy
Stace v Pierre and Mitchell
Stace v Pierre and Mitchell (No 2)
Costs against the prosecution - principles to be applied
Bishop v Then Crown
Disclosure by police of convictions of prosecution witnesses
Amoa v Police Department
Discretion of Justice to require matter to be dealt with by Judge - s24(1) Judicature Act 1980-81
Inland Revenue v P.N.T. Enterprises Ltd
DNA analysis -admissibility
Amoa v Police Department
Sentencing - principles to be applied
In re Metuavaine Miri
Bishop v The Crown
Custom
See: Title
Damages
Assessment by appellate court
Kikorio v Harmon and Estall
Indemnity - extent of liability to indemnify
Napa and Ivanson v Fine Foods Ltd and Miller and Howard
Miller and Howard v Napa and Ivanson and Fine Foods Ltd
Use of awards by courts in other countries
Kikorio v Harmon and Estall
Domestic Proceedings
Exclusive possession of matrimonial home pending hearing
Akania v Akania
Non-molestation order pending hearing
Akania v Akania
Elections
Breach of secrecy provisions of Electoral Act
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2)
Candidate, qualifications of
- residence
In re Rakahanga Electoral Roll
Corrupt practices
Allegations not investigated by court because of difficulty and divisive effect
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency
Corrupt practices - Bribery
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3)
Corrupt practices - undue influence
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3)
Costs-allegations not substantiated - liability for costs
Morris v Tapaitau, In re Penrhyn Constituency
- entitlement of chief electoral officer when not named as a party
Morris v Tapaitau, In re Penhryn Constituency
- entitlement of party to costs for off-shore counsel
Morris v Tapaitau, In re Penrhyn Constituency
Election Petition
- must specify grounds relied on, and failure to do so deprives court of jurisdiction to deal with such matters
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 2)
Robati v Piho, Mataio and Elikana, In re Rakanhanga Constituency (No 4)
- ineligibility of a signatory
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency
- requirement that enquiry must be commence within 14 days directory only
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency
Evidence of breaches of law insufficient
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency (No 2)
Illiterate Voters
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3)
Robati v Piho, Mataio and Elikana, In re Rakahanga Constituency (No 4)
Irregularities-do not invalidate elections unless they had a material effect upon the results.
Arthur v Williams, Mataio and Tangimetua, In re Overseas Constituency (No 2)
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3)
Security for costs of election petition - not returnable if allegations not sustained
Morris v Tapaitau, In re Pehryn Constituency
Standard of proof to be adopted
Piho v Robati, Mataio and Elikana, In re Rakahanga Constituency (No 3)
Statute requiring public servants to resign before standing for election unconstitutional
Goodwin and CIPSA v Attorney- General (No 2)
Evidence
Certificate of calibration of radar testing device - admissibility
Brown and Atkins v Police Department
Certificate of doctor as to medical condition - admissibility
Morris v Attorney General
Convictions of prosecution witnesses must be disclosed to defence
Amoa v Police Department
Corroboration of evidence of complainant not necessary - Evidence Amendment Act (No 2) 1986-87
Amoa v Police Department
DNA analysis - admissibility
Amoa v Police Department
Driving under influence of liquor so as to be incapable of proper control - evidence of expert usual but not necessary
Neale v Cook Islands Police Department
Pukeiti v Cook Islands Police Department
Radar testing device - admissibility
Cook Islands Police v Richmond
Insurance
Duty to insure to "full insurable value" - meaning
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
Miller & Howard v Napa and Ivanson and Fine Foods Ltd
International Trusts
Fraud
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd (No 2)
515 South Orange Grove Owners Association and Others v 515 Orange Grove Partners and Others
515 South Orange Grove Owners Association and Others v 515 Orange Grove Partners and Others (No 2)
515 South Orange Grove Owners Association and Others v 515 Orange Grove Partners and Others (No 3)
Limitation of actions
Pacific Heritage Bank v Radke, Blandar Limited Partnership and Trust Corp Ltd (No 2)
Publication of judgments - prohibited without leave of court - leave granted
515 South Orange Grove Partners Association and Others v 515 Orange Grove Partners and Others (No 3)
Interpretation
Constitution
Goodwin and CIPSA v Attorney-General
Contracts
"full insurable value"
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
Statutes
Liberal interpretation
Cook Islands Police v Richmond
Mandatory or directory
Arthur v Williams, Mataio and Tangimetoa, In re Overseas Constituency
"May" may be interpreted as meaning "shall"
Department of Trade, Labour and Transport v South Seas International Ltd
Parliamentary debates may be referred to in order to determine purpose of statute
515 South Orange Grove Association and Others v Orange Grove Partners and Others (No 3)
Purposive approach
515 South Orange Grove Owners Association and Others v Orange Grove Partners and Others (No 3)
Retrospective operation
Tierney v Preston and Preston
Judicial Review
Discretion of court to decline relief - delay
Jonassen v GA Henry
Justices of the Peace
Jurisdiction to deal with breaches of Income Tax Act 1972
Inland Revenue Department v P.N.T. Enterprises Ltd
Lease or Sublease
Duty of sublessee to insure "to full insurable value"
Napa and Ivanson v Fine Foods Ltd and Miller & Howard
Miller and Howard v Napa and Ivanson and Fine Foods Ltd
Legal Practitioners
Breach of duty to client
- not upheld on facts
Anderson v Arnold, Brown & Gibson, Tylor and Short & Tylor
Implied authority of counsel
Moeau v Ngametua and Taimau
Liability to indemnify for failure to insure
Napa and Ivanson v Fine Foods Ltd and Miller and Howard
Miller and Howard v Napa and Ivanson and Fine Foods Ltd
Liability to pay turnover tax
Ross Holmes Partnership v Collector of Inland Revenue
Limitation of action
International Trusts - see International Trusts
Negligence
Gratuitous bailee
Clarke v Cook Islands Airport Authority
Parliament
Decision of Privileges Standing Committee void if inconsistent with Constitution
Robati v Privileges Standing Committee and the Speaker
Extent of parliamentary immunity from court proceedings
Robati v Privileges Standing Committee and the Speaker
Practice
Costs - election petition. see Elections
Counsel - implied authority to agree to order as to costs
Moeau v Ngametua and Taimau
Disclosure by police to defence of convictions of prosecution witnesses
Amoa v Police Department
Filing of criminal information - abuse of process
Stace v Pierre and Mitchell
Stace v Pierre and Mitchell (No 2)
Publication of Judgments relating to international trusts - see International Trusts
Striking out - principles to be applied
Robati v Privileges Standing Committee and Speaker
Maoate v Minister of Finance
Public Service
Statute requiring public servants to resign before standing for election unconstitutional
Goodwin and CIPSA v Attorney-General
Receiver
Breach of duty to take legal advice - not upheld
Tierney v Anderson
Revenue
Amount of tax may be fixed by subsidiary legislation
Department of Trade, Labour and Transport v South Seas International Ltd
Minister may make regulations prescribing business license fees
Department of Trade, Labour and Transport v South Seas International Ltd
Jurisdiction of Justices to deal with revenue matters
Inland Revenue v P.N.T. Enterprises Ltd
Turnover tax
Ross Holmes Law Partnership v Collector of Inland Revenue
Road Traffic
Certificate of calibration of radar equipment - admissibility
Brown and Atkins v Police Department
Driving under the influence of drink so as to be incapable of proper control evidence by doctor or expert usual but not necessary, but absence may cause insufficient proof of offence
Neale v Cook Islands Police Department
Pukeiti v Cook Islands Police Department
Radar testing device - admissibility
Cook Islands Police v Richmond
Title
Bloodlink not essential
In re Kaputa Mataiapo, Tou v Toeta
Investiture not essential
In re Kaputa Mataiapo, Tou v Toeta
Res judicata does not apply to a decision as to succession to land, but evidence given in proceedings for succession to land is relevant and cogent
In re Kaputa Mataiapo, Tou v Toeta
Succession to land not essential
In re Kaputa, Mataiapo, Tou v Toeta
Torts
Negligence of bailee
Clarke v Cook Islands Airport Authority
Trusts
Constructive trustee - international trust company
515 South Orange Grove Owners Association and Others v Orange Grove Partners
Workers Compensation
Lump sum payment for permanent partial incapacity - payable even though worker has returned to work
Morris v Attorney-General
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