Abstract
The Cook Islands are a self-governing parliamentary democracy in free association with New Zealand. The Islands became independent in 1965. The Head of State is Queen Elizabeth II, represented by the Governor-General of New Zealand (art. 2 Const.). The Parliament of the Cook Islands consists of 24 Members elected by universal suffrage. The Government is lead by the Prime Minister. The Cook Islands consist of 15 small islands, the capital Avarua is situated on Rarotonga Island. In 2008, the population was estimated at 20,000 respectively at 11,488, with a population density of 83.5 persons/km2. Ethnic groups include the Cook Island Maori (Polynesians), representing 87.7 % of the population, 5.8 % part Cook Island Maori (sic!) and 6.5 % others. Languages spoken are English (official language) and Maori. Due to the Islands’ small size there is no further administrative division.
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Notes
- 1.
In consultation with the Cook Islands, New Zealand is responsible for foreign affairs and defence.
- 2.
UN estimate 2008, respectively CIA World Factbook July 2010 estimate.
- 3.
UN estimate 2008.
- 4.
According to the 2001 Census.
- 5.
These were added in 1981, cf New Zealand Law Commission (2006), p. 36.
- 6.
On the Cook Islands Public Service Board of Appeal.
- 7.
The Cook Islands have become the first Pacific Island country to develop a rights-based disability policy and action plan. Cf New Zealand Law Commission (2006), p. 68.
- 8.
Except in the case of proceedings for an offence against the Official Secrets Act 1951.
- 9.
It is stipulated that the provisions of that Act apply as if the Ombudsman were a Minister.
- 10.
This work includes the preparation of agencies for the implementation of the OIA, e.g. record keeping and good records management practices, and raising public awareness.
- 11.
Cf www.ombudsman.gov.ck/index.php/about-us.html for details.
- 12.
Cf APOR Manual 2009, p. 69.
- 13.
Part I “Departments” stands for Ministries and Departments, including inter alia Corrective Services and the Police Department. Part II inter alia includes the Transport Licensing Authority, the Cook Islands Broadcasting & Newspaper Corporation, the Island Councils, Airport Authority and the Parole Board.
- 14.
In 2009, under the heading “Cook Islands Ombudsman says OIA has made workload manageable” Radio New Zealand International reported: “Inefficient record keeping in government entities is being seen as a major challenge to administering the Official Information Act in the Cook Islands. Ombudsman Janet Maki says given there are no information standards, many departments need better systems of record keeping and information management. She says since the OIA came into law in February this year, staggering its implementation across government entities by getting at least six departments up to par every three months, has made the workload manageable. ‘The platform to any FOI (Freedom of Information) legislation is that you have good records that you can access quite easily and readily. And at the moment for some of the departments they would have difficulty in doing that.’ Janet Maki says another challenge is a lack of resources, but both the Ombudsman’s office and Archives office in New Zealand have offered help.” Source: http://www.rnzi.com/pages/newsphp?op=read%26id=48689, posted on 26.08.2009, accessed on 17.08.2011.
- 15.
However, the Ombudsman can investigate complaints about advice provided to Government Ministers by Government agencies and any complaint that relates to a request for official information.
- 16.
To improve readability, the text only refers to “matter”. However, this term includes any decision, recommendation, act, or omission.
- 17.
The term “qualified person” is defined in s2 OIA and comprises a Cook Islander, a permanent resident, or any other natural person who is resident in the Cook Island and has been so for not less than three years, and a corporate body, wherever incorporated, which has had a place of business in the Cook Islands for not less than three years.
- 18.
Cf APOR Manual 2009, p. 67.
- 19.
The Minister of Justice may exclude the right of access “to any specified premises or class of premises”, if he or she is convinced that this might prejudice “the security, defence, or international relations of the Cook Islands, including the Cook Island’s relations with the Government of any other country or with any international organisation” (s24(3) OA).
- 20.
If dealing with an organisation listed in Part II of the Schedule; in this case, a copy shall also be sent to the responsible Minister.
- 21.
The Cook Islands use New Zealand currency, New Zealand Dollar.
- 22.
Both the DoJL and the Crown Law Office are listed in the Schedule to the OA, Part I.
- 23.
Cf Sect. 3.2.6.2, p. 55 for more details.
- 24.
Cf www.ombudsman.gov.ck/index.php/about-us.html for details.
References
Commonwealth Ombudsman (2009) Australasia and Pacific Ombudsman Region Information Manual 2009. Commonwealth Ombudsman, Canberra. www.ombudsman.gov.au/docs/APOR-Manual_20091009.pdf. Accessed 10 Nov 2011
New Zealand Law Commission (2006) Converging Currents-custom and human rights in the pacific, study paper, 1776; 17, Wellington
Further Reading
Overview of Legislation: www.ombudsman.gov.ck/index.php/legislation/ombudsmans-act.html?start=1 and www.ombudsman.gov.ck/images/stories/oi_act_2008.pdf
Constitution: www.parliament.gov.ck/Constitution.pdf
Annual reports: Currently not available online.
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Frahm, M. (2013). Cook Islands: Ombudsman. In: Australasia and Pacific Ombudsman Institutions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33896-0_16
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DOI: https://doi.org/10.1007/978-3-642-33896-0_16
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