Dear Editor, President Trump was asked if he had to “uphold the Constitution” and he said “I don’t know”. In the Cook Islands it’s worse than that, there is no assurance that all individuals are treated equally under the law with equal protection.

Take the ban on e-cigarettes, they allow tourists to import them but not locals, you can’t do that, it’s unconstitutional.

They banned tobacco in some Southern Group islands, you can’t do that (in designated public places), it’s unconstitutional.

If the Parliament can write and get away with one arbitrary law (unconstitutional) it emboldens them to enforce other arbitrary laws, potentially leading to a slippery slope where arbitrary rule becomes normalised. And if we the public tolerate one violation of the law, it becomes easier for the government to disregard other laws and norms, ultimately undermining the rule of law.

The Ministry of Health banned ‘imitation tobacco products’ because these products are regarded to be a health risk, and the ban aims to restrict their availability.

The World Health Organisation considers tobacco a narcotic drug due to its high addictive and detrimental health effects.

With tobacco there is about a 30 per cent chance you get addicted.

Pakalolo (cannabis) is a narcotic drug where there is about a 9 per cent chance to develop a pakalolo use disorder.

Yet they allow recreational use of the narcotic drug cigarettes and ban the recreational use of the less addictive narcotic drug pakalolo.

You can’t do that, it’s unconstitutional.

Tobacco can be legally grown in the Cook Islands but pakalolo cultivation is prohibited. You can’t do that, it’s unconstitutional.

The manufacturing, importation, sale and distribution of ‘imitation tobacco products’ is prohibited and a person who breaches this commits an offense and is liable on conviction to imprisonment or a fine or both.

The manufacturing, importation, sale and distribution of recreational pakalolo is prohibited and every person who contravenes this commits an offense and is liable on conviction to imprisonment and a fine. Even though ‘imitation tobacco products’ are more addictive and detrimental to your health than pakalolo, a person convicted of any pakalolo offense is not given a choice to only pay a fine.

You can’t do that, it’s unconstitutional.

The vape ban in the Cook Islands is enforced by the MOH by the Health Protection Unit that is actually confiscating vapes, and letting people off with a warning, demonstrating the enforcement effort.

No warning is given to a person who breaches the laws on pakalolo.

You can’t do that it’s, unconstitutional.

The prohibition of vapes in the Tobacco Act is administered by the MOH.

The prohibition of pakalolo in the Drugs Act is administered by the MOH.

Although both Acts are administered by the MOH, the MOH enforces the more addictive and dangerous vapes than pakalolo, where the police enforce the laws on pakalolo.

You can’t do that it’s, unconstitutional.

The real point I’m making here is that unconstitutional laws are standard in the Cook Islands because our system of government is a cross between a pseudo democracy and feudalism.

A case in point is the Friends of Fiji were victorious in the High Court when they challenged the government’s unconstitutional stance for giving New Zealand citizens preferential treatment over other nations in its Permanent Resident Act.

Before the case went to court, PM Brown called it a political stunt.

That is the mentality of a King in a feudal system.

Heads of Ministry’s act like feudal lord’s within their own fiefdom who make decisions without clear justification, leading to unconstitutional judgements and orders.

The lack of a clear formalised legal system within each of these fiefdoms creates opportunities for HOM’s to exercise their power in ways that are not just and fair, resulting in unconstitutional laws that punish our society.

Steve Boggs.