As part of the Cook Islands 60th Legacy Programme, Cook Islands Parliament recently hosted a history presentation on the Governance of the Cook Islands.

Tangata Vainerere, Clerk of Parliament, welcomed members of the public to learn about the history of governance in the Cook Islands.

The presentation last week included an explanation of the legislative system and a public tour around the Parliament Chambers.

Vainerere explained that before having contact with Europeans, Cook Islands was not connected like it is today- islands in the past were independent, with the exemption of the Ngaputoru islands- Atiu, Mitiaro and Mauke.

They were governed before the arrival of Christianity by the paramount chief of Atiu, “That is why they are called the Ngaputoru, the three branches, in those days each Island was governed by the dominant chief or Ariki of that island, including Rarotonga,” he said.

Then on October 26, 1821, Christianity arrived to the Cook Islands on the island of Aitutaki, from that moment, missionaries also arrived and started introducing a governance system- called a secular governance system, to regulate the conduct and the behaviour of the people.

Clerk Vainerere then further explained that to formalise that arrangement, in 1827, they introduced the Blue Laws- a set of rules approved by the Christian church in collaboration with the Ariki’s to conduct or regulate the behaviour of the people.

The Reverend John Williams and the Reverend Charles Pittman introduced the Blue Laws in 1827 with 45 articles.

These articles set rules for the people, with a system of judgment in place for those who broke them. A judge would hear the case and decide the punishment, with the court having the power to agree or disagree with the accusation.

Vainerere detailed that punishments under the Blue Laws included beatings or caning, sometimes up to 10 or 20 times. Another form of punishment involved building a wall at a specific area.

The walls built as punishment are still visible today at the Avarua CICC Church, located on both sides of the road. The height of the wall to be built was determined by the judge, after which the individual was released from their punishment.

The Blue Laws operated from 1827 to 1888 when a new law was introduced, where the Cook Islands was ceded to the British. During this time Cook Islands was relying on Britain as the French were targeting the country.

The French set foot on Rarotonga requesting to “look after” the Cook Islands, however, British missionaries were already in the country, which they convinced the Ariki’s to decline the French’s offer and turn to England for protection.

“That is how we became British subjects,” he said.

He said on June 11, 1901, the British handed the Cook Island to New Zealand, when New Zealand took over; they began to make new laws.

And the first law became the Cook Islands Amendment Act of 1915 and is still enforced to this day.

He said the Parliament of New Zealand created the Laws to regulate the Cook Islands and from then onwards the Cook Islands operated under the act and the other laws that were made after that.  

In 1965, the Cook Islands achieved self-governance and adopted a new constitution, which remains in effect today.

“That constitution was adopted on the 4th of August 1965. So, it became our laws to govern ourselves from that day until today,” Vainerere said.

He outlined the design for the governance system, which consists of three branches of power: the executive, judiciary, and legislative.

The legislative branch, Parliament, is responsible for making laws. The executive government branch, through the Prime Minister, Cabinet officials, and Ministers, designs the laws. Parliament receives these new laws, enacts them in the Parliament chambers, and then returns them to the executive government for implementation.

The judiciary branch comes into play when a person breaks the law. Each ministry, department, or Crown agency administers laws specific to its area. When a law is broken, the police investigate, and the accused are sent to court.

“And that’s when it’s called the judiciary,” Vainerere said.

Meanwhile, the History presentation was designed for Tereora College and Nukutere College students; however, it was also designed as an educational programme for anyone interested.