Niue Constitution Act 1974

Oath of Allegiance and Judicial Oath

54 Oath of Allegiance and Judicial Oath
  • (1) Every Judge or Commissioner of the High Court, every Justice of the Peace for Niue, every Judge or Commissioner of the Land Court, and every Judge of the Land Appellate Court who is not also a Judge of the Land Court (being persons appointed to those offices on or after Constitution Day) shall, before performing the functions of his office, take and subscribe the Oath of Allegiance and the Judicial Oath prescribed in subclauses (2) and (3) of this Article, respectively, before the following persons:

    • (a) In the case of the Chief Justice or of any other Judge or any Commissioner of the High Court, before a Judge of the High Court or before the Premier:

    • (b) In the case of the Chief Judge or any other Judge or any Commissioner of the Land Court, or of a Judge of the Land Appellate Court, before a Judge of the High Court or of the Land Court, or before the Premier:

    • (c) In the case of any Justice of the Peace for Niue, before any Judge or Commissioner of the High Court.

    (2) The Oath of Allegiance shall be in the following form—

    I, ...................., swear by Almighty God that I will be faithful and bear true allegiance to Her (or His) Majesty [Specify the name of the reigning sovereign as thus: Queen Elizabeth the Second] Her (or His) heirs and successors, in accordance with the Constitution and the law. So help me God.

    (3) The Judicial Oath shall be in the following form—

    I, ...................., swear by Almighty God that I will well and truly serve Her (or His) Majesty [Specify as above] Her (or His) heirs and successors, in accordance with the Constitution and the law, in the office of ....................; and I will do right to all manner of people, without fear or favour, affection or ill will. So help me God.

    (4) No proceedings before any judicial officer or officers to whom this Article applies shall be questioned in any Court solely on the ground that any one or more of those judicial officers have failed to comply with a requirement of this Article.