(3) No person shall be qualified for appointment as a member of a tribunal under this Article, unless—
- (a) He holds or has held office as a Judge of the Supreme Court of New Zealand or of the Court of Appeal of New Zealand or an equivalent office in any other part of the Commonwealth or in an approved country; or
- (b) He has been in practice as a barrister in New Zealand or in any other part of the Commonwealth or in an approved country, or partly in New Zealand and partly in any other part of the Commonwealth or in an approved country, for a period of, or periods amounting in the aggregate to, not less than seven years.
(4) For the purposes of this Article, the High Commissioner, acting in his discretion, may designate as an approved country any country which in his opinion has a legal system similar to that existing in New Zealand.
(5) No business shall be transacted by a tribunal appointed under this Article unless all three members are present, and all questions proposed for decision by the tribunal shall be decided by the votes of a majority of those members.
(6) Subject to this Article, the tribunal shall determine its own procedure.
(7) If the question of removing from office a Judge of the High Court or of the Land Court has been referred to a tribunal under subclause (2) of this Article, the High Commissioner, acting on the advice of the Premier, may suspend the Judge from performing the functions of his office, and any such suspension may at any time be revoked by the High Commissioner, acting on the advice of the Premier, and shall in any case cease to have effect if the tribunal does not recommend to the High Commissioner that the Judge be removed from office.
Schedule Article 59(1): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 59(2): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 59(2)(a): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 59(2)(b): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 59(2)(c): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 59(4): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 59(7): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
60 Salaries of Judges
(1) The salaries of the Judges of the High Court or of the Land Court shall be determined by enactment, and shall be charged on the Cook Islands Government Account.
