Cook Islands Industrial Unions Regulations 1947

  • revoked
  • Cook Islands Industrial Unions Regulations 1947: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Reprint
as at 20 September 2007

Cook Islands Industrial Unions Regulations 1947

(SR 1947/78)

  • Cook Islands Industrial Unions Regulations 1947: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Ministry of Island Affairs.


PURSUANT to the Cook Islands Act 1915, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.

1
  • (1) These regulations may be cited as the Cook Islands Industrial Unions Regulations 1947.

    (2) These regulations shall come into force in the Cook Islands other than Niue when publicly notified by the Council of State of the Cook Islands in such manner as he thinks proper and in the Island of Niue when publicly notified by the Cabinet of Ministers of Niue in such manner as he thinks proper.

    The reference to the Council of State of the Cook Islands was substituted,as from 4 August 1965, for a reference to the Resident Commissioner of Rarotonga by section 57(3) Cook Islands Amendment Act 1964 (1964 No 70).

    The words the Cabinet of Ministers of Niue referred to in subsection (2)(b) were substituted, as from 19 October 1974 for the words the Resident Commissioner of Niue pursuant to section 2(2)(c) Niue Amendment Act 1974 (1974 No 43).

2
  • These regulations shall bind the Crown.

3 In these regulations, unless the context otherwise requires,
  • Employer means any person employing any worker or workers

    Industrial dispute means any dispute arising between an employer or a registered union of employers and a registered union of workers in relation to any industrial matter

    Industrial Magistrate means a person appointed by the Minister to be an Industrial Magistrate for the purposes of these regulations

    Industrial matter means any matter affecting or relating to any work done or to be done by workers, or the privileges, rights, and duties of any employers or workers, not involving questions which are or may be the subject of proceedings for an offence; and includes all matters affecting the privileges, rights, and duties of any registered union or the officers of any such union

    Minister means the Minister of Foreign Affairs

    The reference to the Minister of Foreign Affairs was substituted, as from 8 November 1974, for a reference to the Minister of Island Affairs (as substituted by section 8(2) of the Maori and Island Affairs Department Act 1968) by section 2(4)(a) Cook Islands Amendment Act 1974 (1974 No 80).

    Person includes a corporation sole, and also includes a body of persons whether incorporated or not

    Registered union means a union registered under these regulations

    Worker means a person of any age and of either sex employed to do any work for hire or reward.

4
  • (1) The Minister may from time to time appoint a suitable person to be an Industrial Magistrate for the purposes of these regulations.

    (2) Any person so appointed may be appointed for a period or in relation to one or more disputes or matters specified by the Minister, and may be from time to time reappointed.

5
  • (1) The Council of State of the Cook Islands may from time to time appoint such person as he thinks fit, being a member of the Cook Islands Public Service, to be the Registrar of Unions of Rarotonga.

    (2) The Cabinet of Ministers of Niue may from time to time appoint such person as he thinks fit, being a member of the Cook Islands Public Service, to be the Registrar of Unions of Niue.

    (3) References in these regulations to the Registrar mean, in relation to any matter affecting the Cook Islands other than Niue, the Registrar of Unions of Rarotonga, and mean, in relation to any matter affecting the Island of Niue, the Registrar of Unions of Niue.

    The reference to the Council of State of the Cook Islands was substituted,as from 4 August 1965, for a reference to the Resident Commissioner of Rarotonga by section 57(3) Cook Islands Amendment Act 1964 (1964 No 70).

    The words the Cabinet of Ministers of Niue referred to in subsection (2)(b) were substituted, as from 19 October 1974 for the words the Resident Commissioner of Niue pursuant to section 2(2)(c) Niue Amendment Act 1974 (1974 No 43).

Industrial unions

6
  • Subject to the provisions of these regulations, any union of employers or workers formed for the purpose of protecting or furthering the interests of employers or workers in relation to industrial matters in the Cook Islands other than Niue, or in the Island of Niue, may, with the concurrence of the Minister, be registered as an industrial union under these regulations on compliance with the following provisions of these regulations.

7
  • (1) An application for registration shall be made to the Registrar in writing, stating the name of the proposed industrial union, and signed by two or more officers of the union.

    (2) The application shall be accompanied by—

    • (a) A list setting out the name of each officer of the union and the office held by him:

    • (b) A list setting out the name of each member of the union and the locality in which he resides or exercises his calling, and the nature of the industry in which he is engaged or the calling which he exercises:

    • (c) Two copies of the rules of the union:

    • (d) A copy of a resolution passed by a majority of the members present at a duly assembled general meeting of the union to the effect that application be made for registration as an industrial union of employers or as an industrial union of workers, as the case may be.

8
  • The rules shall provide for—

    • (a) The name of the union, which shall be in one of the following forms as the case may require—

      namely, 'The Cook Islands (except Niue) Industrial Union of Employers'; 'The Cook Islands (except Niue) Industrial Union of Workers'; 'The Niue Industrial Union of Employers'; and 'The Niue Industrial Union of Workers':

    • (b) The objects of the union, which shall be in conformity with the purpose specified in Regulation 6 hereof, and shall not include any object incompatible therewith:

    • (c) The officers of the union, who shall include a president, a secretary, and persons to act with them as an executive committee, and may include other officers:

    • (d) The powers and duties of the officers, the mode of appointing officers, their tenure of office, and the removal of officers:

    • (e) The keeping of a register of members, and the way in which and the terms on which persons become or cease to be members, so that no person shall at any time become a member unless he is at that time an employer or a worker, as the case may be:

    • (f) Periodical dues to be paid by members, in addition to or without entrance fees and other sums, which dues and entrance fees and other sums (if any) shall not exceed such amounts as are considered by the Registrar to be reasonable:

    • (g) The manner of calling general and special meetings of members and meetings of the committee, the powers of each class of meeting, the quorum therefor, and the procedure thereat (including the method of voting):

    • (h) The way in which agreements and documents are made and executed on behalf of the union, and the way in which the union is represented in any negotiations or proceedings under these regulations:

    • (i) The custody and use of the seal, including power to alter or renew it:

    • (j) The accounts to be kept of the funds of the union, the officer responsible for keeping them, and the annual or other periodical audit of accounts:

    • (k) The application of the funds of the union for any of its objects as specified in the rules, and not for any other purpose:

    • (l) The inspection of the register of members and of the books of account of the union by every person having an interest in the funds of the union:

    • (m) The situation of the registered office of the union:

    • (n) The way in which the rules may be amended, repealed, or altered, subject to the provisions of these regulations.

9
  • If the Registrar is satisfied that the union is qualified to be registered and that these regulations have been complied with, he shall register the union as an industrial union pursuant to the application, and shall—

    • (a) Endorse on both copies of the rules his approval thereof:

    • (b) Prepare and sign two copies of a certificate of registration:

    • (c) Deliver to the applicants one copy of the rules and one copy of the certificate of registration:

    • (d) Retain in his office the other copy of the rules and the other copy of the certificate of registration:

    • (e) Record the situation of the registered office.

10
  • Every union registered under these regulations shall, as from the date of registration, become a body corporate by its registered name, having perpetual succession and a common seal, until the registration is cancelled as hereinafter provided.

11
  • Every registered union may sue or be sued by the name by which it is registered; and service of any document may be effected by delivering it to the president or secretary of the union, or by leaving it at the union's registered office, or by posting it to that registered office in a duly registered letter addressed to the secretary of the union.

12
  • All dues, fees, and other sums payable to a registered union by any member thereof under its rules may be recovered in the name of the union in any Court of competent jurisdiction by the secretary of the union, or by any other person authorized in that behalf by the executive committee or by the rules.

13
  • The liabilities of any person as a member of a registered union shall not be affected by reason merely that he is under the age of twenty-one years.

14
  • A registered union may purchase or take on lease, in the name of the union, any house or building, and any land not exceeding 5 acres, and may sell, mortgage, exchange, or let the same or any part thereof; and no person shall be bound to inquire whether the union has authority for any such sale, mortgage, exchange, or letting; and the receipt of the union shall be a discharge for the money arising therefrom.

15
  • (1) Application may at any time be made to the Registrar in writing signed by an officer of a registered union for approval of an amendment, repeal, or alteration of the rules of the union.

    (2) Every such application shall be accompanied by—

    • (a) Two copies of the amendment, repeal, or alteration:

    • (b) A copy of a resolution passed in accordance with the rules as theretofore in force adopting the amendment, repeal, or alteration.

    (3) If the Registrar is satisfied that the application has been duly made and that the amendment, repeal, or alteration has been duly made, and that the rules as altered will continue to comply with these regulations, he shall endorse on both copies of the amendment, repeal, or alteration his approval thereof, and return one copy to the union, and retain the other copy in his office.

    (4) No amendment, repeal, or alteration of the rules of a registered union shall have any power or effect until it is approved by the Registrar.

16
  • A printed copy of the rules of a registered union shall be delivered by the secretary to any person requiring the same on payment of a sum not exceeding 10¢.

    The expression 10¢ was substituted, as from 10 July 1967, for the expression 1s pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

17
  • (1) A certificate of registration purporting to be issued under these regulations shall, in the absence of proof to the contrary, be evidence of the fact of the registration of the union to which the certificate relates, and of the validity thereof.

    (2) A copy of the rules of a registered union, or of any amendment, repeal, or alteration thereof, bearing the Registrar's approval shall, in the absence of proof to the contrary, be evidence of the terms of the rules, amendment, repeal, or alteration and that they have been duly made and continue in force.

18
  • (1) Every registered union shall forthwith after the end of every calendar year deliver to the Registrar a statement of the receipts and disbursements of the funds of the union in that year duly audited in accordance with the rules.

    (2) The Registrar shall publish every such statement in such manner as he thinks proper.

19
  • (1) The Registrar may, by notice in writing published in such manner as he thinks proper, cancel the registration of a union—

    • (a) At the request of the union evidenced in such manner as the Registrar may require:

    • (b) If in his opinion the certificate of registration has been obtained by fraud or mistake:

    • (c) If in his opinion the union or the officers or members thereof have wilfully violated any of the provisions of these regulations or wilfully acted otherwise than in conformity with the rules of the union:

    • (d) If in his opinion the union has ceased to exist:

    Provided that the Registrar shall not cancel the registration of a union on a ground specified in paragraph (c) or paragraph (d) hereof until after he has, in such manner as he thinks proper, given notice of his intention to do so, specifying the date after which and the ground on which he intends to act, and has considered any evidence on the matter that the union or any officer or member may tender to him on or before the date so specified.

    (2) Every notice of cancellation shall, unless an appeal has been instituted as hereinafter provided, take effect at the expiration of twenty-eight days after the notice of cancellation is given.

20
  • (1) Any person aggrieved by the refusal of the Registrar to register a union or to approve any amendment, repeal, or alteration of the rules of a registered union, or by the cancellation by the Registrar of the registration of a union, may, within twenty-eight days after the date of the refusal or of the giving of the notice of cancellation, appeal by motion to the High Court.

    (2) On any such appeal the High Court may uphold the decision of the Registrar and dismiss the motion, or may vary or set aside the decision of the Registrar and make an order to take effect in place of the decision of the Registrar, and may give such other directions as it thinks fit.

Settlement of industrial disputes

21
  • (1) The Council of State of the Cook Islands may from time to time appoint such person as he thinks fit, being a member of the Cook Islands Public Service, to be the Industrial Relations Officer of Rarotonga.

    (2) The Cabinet of Ministers of Niue may from time to time appoint such person as he thinks fit, being a member of the Cook Islands Public Service, to be the Industrial Relations Officer of Niue.

    (3) References in these regulations to the Industrial Relations Officer mean, in relation to any matter affecting the Cook Islands other than Niue, the Industrial Relations Officer of Rarotonga, and mean, in relation to any matter affecting the Island of Niue, the Industrial Relations Officer of Niue.

    The reference to the Council of State of the Cook Islands was substituted,as from 4 August 1965, for a reference to the Resident Commissioner of Rarotonga by section 57(3) Cook Islands Amendment Act 1964 (1964 No 70).

    The words the Cabinet of Ministers of Niue referred to in subsection (2)(b) were substituted, as from 19 October 1974 for the words the Resident Commissioner of Niue pursuant to section 2(2)(c) Niue Amendment Act 1974 (1974 No 43).

22
  • Any registered union or any employer, being a party to an industrial dispute, may refer the dispute to the Industrial Relations Officer.

23
  • The Industrial Relations Officer may if he thinks fit, and shall if any party to the dispute requires him to do so, appoint for the purposes of any dispute so referred to him a conciliation committee consisting of an equal number of persons nominated by each party to the dispute, the number in each case to be determined by the Industrial Relations Officer.

24
  • It shall be the duty of the Industrial Relations Officer and of the conciliation committee (if any) to endeavour to bring about a settlement of the dispute, and to this end they shall, in such manner as they think fit, carefully inquire into the dispute and all matters affecting the merits and the right settlement of the dispute.

25
  • The Industrial Relations Officer shall preside at all meetings of the conciliation committee, and shall regulate the procedure of the committee in such manner as he thinks fit.

26
  • (1) If no voluntary settlement of the dispute can be brought about, the dispute shall be determined by the unanimous decision of the members of the conciliation committee and the Industrial Relations Officer, or, if there is no conciliation committee or if no such unanimous decision can be obtained, by the decision of the Industrial Relations Officer.

    (2) Notice of every such determination shall be given by the Industrial Relations Officer in such manner as he thinks proper.

27
  • (1) Any party to a dispute who is aggrieved by the determination of the dispute as aforesaid may, within fourteen days after the date of the first notice of the determination, appeal by notice in writing given to the Council of State of the Cook Islands or the Cabinet of Ministers of Niue, as the case may require.

    (2) Every such appeal shall be determined by an Industrial Magistrate.

    (3) On any such appeal the procedure shall be such as the Magistrate determines, and the Magistrate may uphold the determination appealed against and dismiss the appeal, or may vary or set aside the determination and make an order to take effect in place of the determination, and may give such other directions as he thinks fit.

    The reference to the Council of State of the Cook Islands was substituted,as from 4 August 1965, for a reference to the Resident Commissioner of Rarotonga by section 57(3) Cook Islands Amendment Act 1964 (1964 No 70).

    The words the Cabinet of Ministers of Niue referred to in subsection (2)(b) were substituted, as from 19 October 1974 for the words the Resident Commissioner of Niue pursuant to section 2(2)(c) Niue Amendment Act 1974 (1974 No 43).

28
  • Where the determination of a dispute is appealed against as aforesaid, it shall be deemed to be suspended pending the determination of the appeal.

29
  • Every determination of a dispute and every order made on appeal against any such determination shall be binding on every party to the dispute and, in the case of a union, on every member of the union, unless it is for the time being suspended as aforesaid, or set aside on appeal or by a subsequent determination under these regulations or by agreement of the parties to the dispute.

30
  • Every person who acts in contravention of or fails to comply in any respect with any determination or order that is for the time being binding on him as aforesaid shall be guilty of an offence punishable by a fine not exceeding $20.

    The expression $20 was substituted, as from 10 July 1967, for the expression £10 pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 29th day of May, 1947.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Cook Islands Industrial Unions Regulations 1947. It incorporates all the amendments to the Cook Islands Industrial Unions Regulations 1947 as at 20 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint
(most recent first)
  • Cook Islands Amendment Act 2007 (2007 No 49): section7(2)