Cook Islands Maintenance Enforcement Regulations 1948

  • revoked
  • Cook Islands Maintenance Enforcement Regulations 1948: 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 Maintenance Enforcement Regulations 1948

(SR 1948/134)

  • Cook Islands Maintenance Enforcement Regulations 1948: 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 Foreign 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.

Part 1
General

1
  • These regulations may be cited as the Cook Islands Maintenance Enforcement Regulations 1948.

2
  • These regulations shall come into force in the Cook Islands on the 15th day of September, 1948.

3
  • In these regulations, if not inconsistent with the context,—

    Act means the Cook Islands Act 1915

    Application includes a complaint; and applicant includes a complainant

    Certified copy, in relation to an order of a Court, means a copy of the order certified by the proper officer of the Court to be a true copy

    Cook Islands provisional order means an order made pursuant to Regulation 23 hereof

    Judge includes every person exercising judicial powers in any overseas Court

    Overseas Court means any Court in His Majesty's dominions (including New Zealand) or in any British protectorate, mandated territory, or place where His Majesty exercises judicial powers or in Western Samoa

    Overseas Court: this definition was amended, as from 27 February 1967, by regulation 2 Cook Islands Maintenance Enforcement Regulations 1948, Amendment No 1 (SR 1967/24), by inserting the words or in Western Samoa.

    Overseas maintenance order means an order which is—

    • (a) Made by any overseas Court; and

    • (b) Made for the periodical payment of sums of money towards the maintenance of the wife of the person against whom the order is made or of any dependant of such person whom that person is liable to maintain according to the law in force in the place where the maintenance order is made; and

    • (c) Made either before or after the coming into force of these regulations; and includes an overseas provisional order:

    Overseas provisional order means an overseas maintenance order appearing from the terms thereof to be provisional, and to have no effect, or not to have complete effect, unless and until confirmed by some other Court.

4
  • These regulations shall not apply to affiliation orders nor to any order (not being a Cook Islands provisional order) for payment by the person against whom the order is made of sums of money towards the maintenance of a dependant whom that person is liable to maintain only by reason of the existence of any affiliation order or order in the nature of an affiliation order.

    Regulation 4 was amended, as from 27 February 1967, by regulation 3 Cook Islands Maintenance Enforcement Regulations 1948 Amendment No 1 (SR 1967/24), by inserting the words (not being a Cook Islands provisional order).

5
  • All the provisions of the Act shall apply to an order made under these regulations as fully as to maintenance orders made under the Act.

6
  • On the registration of an overseas maintenance order (other than an overseas provisional order) or on the confirmation of an overseas provisional order the High Court shall, on the registration or confirmation, and unless satisfied that it is undesirable to do so, direct, pursuant to section 561 of the Act, that all payments due under such order shall thereafter be made through the Registrar of the High Court or such other person as the Court may specify for the purpose.

7
  • It shall be presumed, until the contrary is proved, and without the necessity of proving any seal or signature, that the seal of any Court purporting to be affixed to any document is the seal thereof and was lawfully affixed thereto, and that the signature appearing on any document and purporting to be that of a Judge or officer of any Court is the signature of such Judge or officer, and that such Judge or officer had the judicial or official capacity which he purports to have, and that such document was lawfully and properly signed by the person purporting to sign it.

8
  • It shall be presumed, until the contrary is proved, that the Court purporting to make any overseas maintenance order had full power and jurisdiction to make such order in the terms in which it purports to be made, including jurisdiction over any person against whom it is made or whom it purports to bind so far as such jurisdiction appears to be exercised, whether provisionally or otherwise, by the terms of the order.

9
  • Every deposition verified as prescribed in these regulations, and every verifying certificate, shall be received in evidence according to its tenor.

Part 2
Enforcement of overseas maintenance orders

10
  • Any officer of the Government or other person may apply to the High Court for registration of an overseas maintenance order.

11
  • The person making such application shall file in the High Court the overseas maintenance order verified under the seal of the overseas Court or under the signature of a Judge, or a copy of such order certified as a true copy under the seal of the overseas Court or under the signature of a Judge or officer of that Court.

12
  • The High Court may order that such overseas maintenance order be registered accordingly, and shall thereupon endorse such order or certified copy with a statement under the seal of the High Court to the effect that the order, or the order whereof it is a copy, is registered in the High Court pursuant to the Cook Islands Maintenance Enforcement Regulations 1948.

13
  • An overseas maintenance order (other than an overseas provisional order) when registered as aforesaid shall, from the date of registration, be of the same force and effect and all proceedings may be taken thereon, including proceedings by reason of any default arising after the date when the order was originally made, but prior to the date of registration, in the same manner as if it had been a maintenance order made by the High Court under the authority of the Act and as if the High Court had jurisdiction to make all order in the terms thereof.

Part 3
Confirmation of overseas provisional orders

14
  • Any officer of the Government or other person may apply to the High Court for confirmation of an overseas provisional order registered as aforesaid.

15
  • The person making such application shall file in the High Court the depositions of witnesses taken by the overseas Court when making the overseas provisional order, and a statement of the grounds on which the overseas provisional order might have been opposed, or a copy of such depositions and statement respectively.

16
  • The High Court may issue a summons calling upon the person against whom any overseas provisional order is made or whom it purports to bind to appear before the High Court to show cause why such order should not be confirmed.

17
  • At the hearing such person may raise any defence which he might have raised in the original proceedings in the overseas Court had he been a party thereto, but no other defence.

18
  • The statement referred to in Regulation 15 hereof shall be conclusive evidence that the grounds therein set out are grounds on which the overseas provisional order might have been opposed or on which a defence might have been raised in the original proceedings in the overseas Court.

19
  • If at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the High Court that the overseas provisional order ought not to be confirmed, the Court may confirm the order either without modification or with such modifications as to the Court, after hearing the evidence, may seem just.

20
  • If the person against whom the summons was issued appears at the hearing and satisfies the High Court that for the purpose of any defence it is necessary to remit the case to the overseas Court for the taking of any further evidence, the Court may so remit the case and adjourn the proceedings for the purpose.

21
  • An overseas provisional order confirmed as aforesaid shall, from the date of confirmation, be of the same force and effect, and all proceedings may be taken thereon by an officer of the Government or any other person in the same manner (subject to the next succeeding clause hereof), as if it had been a maintenance order made by the High Court under the authority of the Act, and as if the High Court had jurisdiction to make an order in the terms thereof.

22
  • Where, on application for rescission or variation of an overseas provisional order confirmed as aforesaid, the High Court is satisfied that it is necessary to remit the case to the overseas Court for the purpose of taking any further evidence, the Court may so remit the case and adjourn the proceedings for that purpose.

Part 4
Cook Islands provisional orders

23
  • Where any application is made to the High Court for a maintenance order against any person not resident in the Cook Islands, and it appears that an overseas Court may have jurisdiction to confirm such order, the High Court may, in the absence of that person, if, after hearing the evidence, it is satisfied of the justice of the application, make any such order as it might have made if a summons had been duly served on that person and he had failed to appear at the hearing.

24
  • An order made under the last preceding clause hereof shall be termed a Cook Islands provisional order, and shall be provisional only, and shall have no effect unless and until confirmed by a competent overseas Court, and shall contain words to the following effect: This order is provisional only and shall have no effect unless and until confirmed by a competent Court in the country where the defendant is for the time being resident.

25
  • On the hearing of an application under Regulation 23 hereof the evidence of any witness who is examined shall be put into writing and such deposition shall be read over to and signed by him.

26
  • The High Court shall also prepare a statement of the grounds on which the making of the order might have been opposed if the person against whom an order is made had been duly served with a summons and had appeared at the hearing, and also such information as the Court possesses for facilitating the identification of that person and ascertaining his whereabouts.

27
  • The Registrar shall deliver to a Resident Commissioner a certified copy of the order, the original depositions so taken, the statement prepared as aforesaid, and the said information as to identification, including in particular the originals of any certificates of marriage, birth, or baptism, or any other documents that may assist in identification, and the said documents shall be transmitted in the appropriate manner to the Government of the place in which the person affected is believed to be resident for the purpose of confirmation of the order by a competent overseas Court.

28
  • Where a Cook Islands provisional order has been remitted by an overseas Court to the High Court for the purpose of taking further evidence the High Court may, upon reasonable notice to the person applying for the Cook Islands provisional order, proceed to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application.

29
  • If upon the hearing of such evidence it appears to the High Court that the Cook Islands provisional order ought not to have been made the Court may rescind that order, but in any other case the depositions taken on the hearing of such further evidence shall be dealt with in like manner as the original depositions.

30
  • The powers of the High Court under section 560 of the Act to cancel, vary, or suspend any maintenance order or substitute a new maintenance order therefor shall be exercisable in respect of a Cook Islands provisional order notwithstanding the confirmation thereof by any overseas Court:

    Provided that a certified copy of any order made under the authority of this clause shall be sent to a Resident Commissioner for transmission in the appropriate manner to the Government of the place in which the original Cook Islands provisional order was confirmed:

    Provided also that an order cancelling or suspending any Cook Islands provisional order shall take immediate effect according to its tenor, but an order varying any Cook Islands provisional order or substituting a new Cook Islands provisional order therefor, but not cancelling or suspending a Cook Islands provisional order, shall not have any effect unless and until confirmed by an overseas Court in like manner as the original order.

31
  • The applicant shall have the same right of appeal against a refusal to make a Cook Islands provisional order as he would have had against a refusal to make an order if a summons had been duly served on the person against whom the order is sought to be made.

32
  • A Cook Islands provisional order may be made in the like terms and with the like restrictions as a maintenance order under the Act.

33
  • The powers conferred by Regulation 23 hereof shall not restrict the powers of the High Court to make a maintenance order under the powers conferred by section 557 of the Act.

T J SHERRARD,

Clerk of the Executive Council.

Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 12th day of August, 1948.


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 Maintenance Enforcement Regulations 1948 . It incorporates all the amendments to the Cook Islands Maintenance Enforcement Regulations 1948 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)