58 Tenure of office of Judges and Commissioners
(1) Except in the case of an appointment made under subclause (2) of this Article, no person who has attained the age of sixty-five years shall be appointed to or continue to hold office as a Judge of the High Court or of the Land Court.
(2) Any person of any age who is not ordinarily resident in the Cook Islands (as defined in subclause (2) of Article 28 hereof) and who is qualified for appointment may be appointed to hold office as a Judge of the High Court or of the Land Court for a term of years.
(3) Nothing done by a Judge of the High Court or of the Land Court in the performance of his functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this Article to retire or that his term of office has expired, as the case may be.
(4) A Judge or Commissioner of the High Court or of the Land Court may resign his office by writing under his hand addressed to the High Commissioner.
(5) A Commissioner of the High Court or of the Land Court shall not be removed from office as such except by the High Commissioner, acting on the advice of the Judicial Service Commission.
Schedule Article 58(4): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 58(5): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
59 Removal of Judges from office
(1) A Judge of the High Court, other than a Judge appointed under the provisions of Article 51 hereof, or a Judge of the Land Court may be removed from office by the High Commissioner only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed unless the question of the removal of that Judge from office has been referred to a tribunal appointed under subclause (2) of this Article and that tribunal has recommended that the Judge be removed from office for inability as aforesaid or misbehaviour.
(2) If the Premier advises the High Commissioner that the question of removing from office a Judge of the High Court or of the Land Court for inability as aforesaid or misbehaviour ought to be investigated, then,—
- (a) The High Commissioner shall appoint a tribunal consisting of a chairman and two other members; and
- (b) The tribunal shall inquire into the matter and report on the facts thereof to the High Commissioner and recommend to the High Commissioner whether or not that Judge should be removed from office; and
- (c) If the tribunal recommends that the Judge be so removed, the High Commissioner shall, by warrant, revoke the appointment of that Judge.
