Rules of the High Court of the Cook Islands 1916 (Reprint)

  • revoked
  • Rules of the High Court of the Cook Islands 1916 (Reprint): 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

Rules of the High Court of the Cook Islands 1916 (Reprint)

(SR 1962/204)

  • Rules of the High Court of the Cook Islands 1916 (Reprint): 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 Department of Island Territories


  • Preamble

    WHEREAS by section 118 of the Cook Islands Act 1915 it is enacted that the Governor in Council may make Rules of Court determining the practice and procedure of the High Court of the Cook Islands: And whereas by section 131 of that Act the Governor in Council is empowered to prescribe a scale of costs and Court fees to be paid in proceedings in that Court: And whereas by section 308 of the Customs Act 1913 it is enacted that the Governor in Council may make regulations prescribing the procedure in the said Court in proceedings under the Customs Act 1913, and modifying in their application to that Court any of the provisions of that Act relative to procedure:

    Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, do hereby, in pursuance of the Cook Islands Act 1915, and of the Customs Act 1913, and of all other powers and authorities enabling me in that behalf, make the following rules and regulations under those Acts; and, with the like advice and consent, I declare that these rules and regulations shall come into operation on the 1st day of April 1916.

1
  • These regulations may be cited as the Rules of the High Court 1916.

2
  • Every civil proceeding shall be instituted either by way of action, or by way of petition, or by way of motion, in accordance with the following rules.

3
  • The following proceedings shall be instituted by way of action:

    • (a) Every proceeding for the recovery of debt or damages:

    • (b) Every proceeding for the recovery of land or chattels:

    • (c) Every proceeding for injunction, prohibition, or mandamus:

    • (d) [Revoked]

    • (e) Every proceeding which by the law for the time being in force in New Zealand must, if instituted in the Supreme Court, be commenced by writ of summons or originating summons.

    Paragraph (d) was revoked by rule 15(a) of SR 1962/72:

4
5
  • All other civil proceedings not being proceedings for a decree of divorce or nullity of marriage may be commenced by way of motion.

    Rule 5 was amended, by rule 15(b) Rules of the High Court 1916, Amendment No 3 (SR 1962/72), by inserting the words not being proceedings for a decree of divorce or nullity of marriage.

Actions

6
  • Every action shall be commenced by filing with a Registrar of the Court a statement of claim intituled In the High Court of the Cook Islands, setting forth the names and descriptions of the plaintiff and defendant, the nature of the cause of action, and the relief claimed. Forms similar to those in Schedule 1 hereto may be used.

7
  • On the filing of the statement of claim the Registrar shall thereupon issue, under the seal of the Court, a summons to the defendant in Form 1 of Schedule 2, requiring the defendant to appear at the trial of the action at the time and place mentioned in the summons. A copy of the statement of claim shall be annexed to the summons.

8
  • The place of trial to be so appointed in the summons shall be in such island as the Registrar thinks fit, having regard to the residence of the parties to the action, the place where the cause of action has arisen, and any other relevant circumstances.

9
  • The time and place of the trial of the action shall be determined by the Registrar as he thinks fit, and shall be stated in the summons accordingly.

10
  • As against any defendant who consents to trial without summons, an action duly commenced by the filing of a statement of claim may be tried and determined without the issue or service of any summons.

11
  • No pleadings other than the statement of claim shall be required in any action.

12
  • The Court may require a plaintiff at or before the trial of the action to file a fuller and more explicit statement of his claim, and may stay further proceedings in the action until this has been done.

13
  • A plaintiff may at any time before or during the trial amend his statement of claim with the leave of the Court.

14
  • The summons to a defendant may, as the Registrar thinks fit be served either by an officer of the Court or by the plaintiff or his agent. Proof of service may be made either by affidavit or by a witness at the trial.

15
  • The summons shall be served on the defendant in person. Where there are more defendants than one, a separate summons shall, except in the case of a firm of partners, be issued and served on each defendant.

16
  • The summons may be served upon a corporation by leaving the same at any place of business of the corporation.

17
  • When partners are sued as partners they may be sued either in the firm name or in the names of the partners, and in either case the summons may be served by delivering it to any one of the partners or by leaving it at any place of business of the firm.

18
  • When a defendant is not in the Cook Islands but has in those islands an attorney or agent authorised to defend actions on his behalf, the summons may by leave of the Court be served upon such attorney or agent.

19
  • The summons may be served anywhere in the Cook Islands, but not elsewhere except in accordance with the provisions hereinafter contained for service outside those islands.

20
  • If it appears to the Court that reasonable efforts have been made to effect service of the summons, and either that the summons has come to the knowledge of the defendant or that prompt personal service thereof cannot be effected, the Court may order that the plaintiff be at liberty to proceed as if personal service had been effected, subject to such conditions as the Court thinks fit to impose.

21
  • A summons may be served out of the Cook Islands by leave of the Court

    • (a) Where the cause of action or some material part thereof has arisen in the Cook Islands:

    • (b) Where the subject-matter of the action is property situated in the Cook Islands:

    • (c) Where it is sought to compel or restrain the performance of any act in the Cook Islands:

    • (d) [Revoked]

    Paragraph (d) was revoked by rule 15(c) of SR 1962/72.

22
  • Every application for an order for leave to serve a summons out of the Cook Islands shall be supported by evidence by affidavit or otherwise, showing in what place or country the defendant is or probably may be found, and whether the defendant is a British subject or not, and the grounds on which the application is made.

23
  • If in any action a summons has become inoperative by reason of not being served in due time, or if for any other reason it is considered expedient to issue a further summons to the same defendant, a further summons may be issued accordingly in the same manner as if no previous summons had been issued.

24
  • No action shall be deemed improperly constituted because of the joinder of plaintiffs or defendants or of different causes of action; but the Court may, in any case in which such joinder is considered embarrassing or otherwise inexpedient, order any party or cause of action to be struck out.

25
  • Where there are numerous persons having the same interest in an action one or more of them may sue or be sued, or may be authorised by the Court to defend in such action, on behalf of or for the benefit of all persons so interested.

26
  • The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as appear to the Court to be just, order that the name of any party, whether a plaintiff or a defendant, improperly joined be struck out, and that the name of any person who ought to have been joined, or whose presence before the Court may be necessary to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the action, be added, whether as plaintiff or defendant.

27
  • No person shall be added as a plaintiff without his own consent.

28
  • Infants and lunatics may sue and be sued by a guardian ad litem admitted for that purpose by the Court.

29
  • A guardian ad litem may be removed by the Court upon sufficient cause being shown.

30
  • In case of the death, retirement, or removal of a guardian ad litem a fresh guardian shall be appointed by the Court.

31
  • A guardian ad litem shall not be permitted to retire without the leave of the Court.

32
  • The guardian ad litem shall be liable for the costs of the action.

33
  • In an action against an infant or a lunatic the statement of claim may be filed before the appointment of a guardian ad litem, but no further steps in the action shall be taken until such appointment has been made.

34
  • A summons to a witness in any civil proceeding may be in Form 2 in Schedule 2 hereto.

35
  • Any such summons may be served either by the proper officer of the Court or by the party at whose instance the witness is summoned or his agent.

36
  • Without the leave of the Court no such summons shall be issued requiring any witness to attend at any place outside the island in which he is resident or present at the date of the issue of the summons.

37
  • Witnesses in civil proceedings, whether summoned or not, shall be entitled to such payment in respect of their expenses and loss of time as the Court awards.

38
  • If the claim in any action is for a sum of money the defendant may, before trial of the action, pay into Court a sum of money by way of satisfaction, and give notice of such payment to the plaintiff.

39
  • Any money paid into Court as aforesaid may be paid out to the plaintiff or his duly authorised agent, but the receipt thereof shall not affect the right of the plaintiff to proceed with the action for the recovery of any further sum claimed and not so paid into Court.

40
  • The fact that money has been so paid into Court shall be taken into consideration in the award of costs as between the plaintiff and defendant.

41
  • The plaintiff may at any time before trial discontinue his action, either wholly or as to any cause of action, by filing in Court a memorandum of discontinuance.

42
  • A copy of such memorandum shall be served upon the defendant.

43
  • On any such discontinuance the Court may award to the defendant such costs of the action as it thinks fit.

44
  • The discontinuance of an action shall not be a defence to any subsequent action on the cause of action discontinued, provided that the costs of the previous action so awarded have been paid.

45
  • No judgment shall be given in any action by default, and every action shall be heard and determined in the ordinary course whether the defendant appears on the trial thereof or not.

46
  • If on the trial of any action the plaintiff does not appear, the Court may either adjourn the trial, or give judgment for the defendant, or nonsuit the plaintiff.

47
  • The plaintiff in any action may at any time before judgment elect to be nonsuited, and the Court may nonsuit the plaintiff without his consent.

48
  • After a nonsuit the plaintiff shall not be debarred from commencing a further action on the same cause of action, all the costs of the first action having been first paid.

49
  • No action shall be tried by a jury.

50
  • The parties to any action may concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court.

51
  • Every such special case shall concisely state such facts and documents as may be necessary for the decision of the questions raised therein.

52
  • On the argument of the special case the Court shall be at liberty to draw from the facts and documents so stated any inference of fact which might have been drawn therefrom if proved at the trial.

53
  • On the argument of the questions of law raised in such special case the Court may give judgment in the action, or may order the issues of fact or any of them to be tried before giving judgment.

54
  • Every judgment debt in excess of £100 shall carry interest at the rate of 6 per cent per annum from the time of judgment being given until the same is satisfied, and such interest may be levied under any writ of execution upon such judgment.

Execution

55
  • A writ of sale may be in Form 3 in Schedule 2 hereto.

56
  • A writ of possession may be in Form 4 in Schedule 2 hereto.

57
  • A charging order under section 139 of the Cook Islands Act 1915 may be made by the Court ex parte on the application of the judgment creditor, and shall specify the property to which it relates.

58
  • So long as any such order remains in force the amount of the judgment debt shall constitute an equitable charge upon the property specified in the order.

59
  • For the purpose of enforcing any such charge the Court may from time to time, and either on the making of the charging order or any time thereafter, on the ex parte application of the judgment creditor, make such order or orders as it thinks fit against all persons concerned

    • (a) For the appointment of a receiver of the rents, profits, or revenues of any property so charged; or

    • (b) For the payment into Court in satisfaction of the judgment of any such rents, profits, or revenues, or of any moneys subject to the charge; or

    • (c) For the sale of any such property by an officer of the Court. Disobedience to any order so made shall constitute a contempt of Court.

60
  • Any charging order, or any order so made in pursuance of a charging order, may be at any time cancelled or varied on the application either of the judgment debtor or the judgment creditor, or of any other person concerned.

61
62
63
  • Every such judgment summons shall be served in the same manner as a summons to a defendant on the commencement of an action, and all the provisions of these rules as to the place and time of the hearing of an action shall apply also to the hearing of the application in respect of which such judgment summons is issued.

Motions

64
  • Every civil proceeding not required to be commenced by way of action or petition may be commenced by way of motion.

65
  • Every interlocutory motion may be made either verbally in open Court or by filing with a Registrar an application setting forth briefly the nature and grounds of the relief sought by the applicant.

66
  • Every originating motion shall be made by filing with a Registrar an application setting forth briefly the nature and grounds of the relief sought by the applicant.

67
  • Motions may be made in the forms set forth in Schedule 3 hereto, or in forms to the like effect.

68
  • Except where otherwise provided, or where the Court is satisfied that the nature of the motion is such that it may properly be made and determined ex parte, every motion shall be heard and determined only after due notice has been given to such persons as the Court may consider entitled thereto. All persons to whom notice has been given by the direction of the Court, or who appear on the hearing of the motion, shall be deemed to be parties to the proceeding.

69
  • Every proceeding which may be commenced by originating motion may, if the applicant thinks fit, be commenced by way of action instead.

70
  • Applications under section 359 of the Cook Islands Act 1915 for the assessment of compensation shall be made by motion by the Minister of the Cook Islands, or by the Resident Commissioner, or by any person claiming such compensation or any share thereof; and notice of such application shall be given to such persons interested as the Court directs.

71
  • Applications under Part 20 of the Cook Islands Act 1915 for an affiliation order or maintenance order may be made by motion, with notice thereof to the defendant, except in cases in which the Court is authorised to hear the application ex parte under section 557 of the said Act.

Probate and letters of administration

72
  • Probate of any will may be granted by the Court in Form 7 in Schedule 2 hereto.

73
  • Letters of administration of the estate of an intestate may be granted by the Court in Form 8 in Schedule 2 hereto.

74
  • Letters of administration with the will annexed may be granted by the Court in Form 9 in Schedule 2 hereto.

75
  • The security to be given by an administrator may be in Form 10 in Schedule 2 hereto.

76
  • In the case of a person residing out of the Cook Islands, administration, with or without a will annexed, may be granted to his attorney acting under a power of attorney.

77
  • Every executor or administrator shall, within 12 months after the grant of probate or letters of administration, or within such further period as the Court on application may direct, lodge with the Registrar a full and distinct account in writing of his administration of the estate. The account shall be verified by affidavit.

78
  • If an executor or administrator makes default in filing such an account within the time aforesaid, or if any account so filed is insufficient, the Court may on the application of any person interested, or on the application of the Registrar, order the executor or administrator to file an account or a further account within such time as the Court in such order appoints, and disobedience to such order shall be a contempt of Court.

Proceedings under the Customs Act 1913

79
    • (a) Every penalty imposed by the Customs Act 1913 and recoverable in the High Court may be recovered by action in the name and on behalf of His Majesty as a debt due to the Crown.

    • (b) The High Court may give leave to serve out of the Cook Islands the summons in any action for the recovery of any such penalty or any duty under the Customs Acts.

    • (c) The judgment in an action for the recovery of any such penalty may be enforced by way of proceedings for contempt of the High Court, and the failure of the defendant to satisfy such judgment shall constitute a contempt of Court accordingly.

    • (d) Any person imprisoned for such contempt shall be released from custody on satisfaction of the judgment.

    • (e) Proceedings for contempt shall not preclude any other method of execution which would otherwise be available.

80
  • Every criminal prosecution in the High Court for an offence against the Customs Act 1913 shall be commenced by an information laid by a Collector of Customs in accordance with the ordinary criminal procedure of the High Court.

81
  • Every person arrested in the Cook Islands for an offence against the Customs Act 1913 in pursuance of section 243 of that Act shall be brought before a Judge or Commissioner of the High Court of the Cook Islands, who shall exercise the powers conferred by that section upon a Magistrate.

82
    • (a) Proceedings in the High Court under the Customs Act 1913 for the condemnation of goods seized as forfeited shall be instituted by way of motion by a Collector of Customs, anything in the Customs Act 1913 to the contrary notwithstanding.

    • (b) Notice of the proceedings shall be given to such persons and in such manner as the Court directs, and it shall be sufficient if public notice is given by advertisement or otherwise at or near the place of seizure.

    • (c) Any person claiming to be interested in the goods may appear to oppose the application, and shall thereby become a party to the proceedings.

    • (d) If any person appears to oppose the application the Court shall hear and determine the matter and acquit or condemn the goods, but if no person so appears judgment of condemnation shall be given.

    • (e) In this regulation the term goods includes any boat, vehicle, or other thing forfeited under the Customs Acts.

Jurisdiction of Commissioners

83
  • A Commissioner of the High Court shall have jurisdiction

    • (a) In actions for the recovery of any debt or damages not exceeding £50 in amount:

    • (b) In actions for the recovery of chattels not exceeding £50 in value:

    • (c) In criminal proceedings for any offence punishable by fine only:

    • (d) In criminal proceedings for any offence punishable by imprisonment for not more than one year:

    In paragraphs (a) and (b) the expression in square brackets was substituted for the expression £20 by rule (a) of Amendment No 1 of the Rules of the High Court 1916.

    Paragraph (e) was added by rule (b) of Amendment No 1 of the Rules of the High Court 1916.

84
  • A Commissioner of the High Court shall not have power to impose any fine exceeding £10 or to impose any term of imprisonment exceeding three months, whatever may be the maximum fine or term of imprisonment provided by law for the offence.

85
  • Save as aforesaid, a Commissioner shall not exercise any of the powers or functions, whether judicial or administrative, of a Judge of the High Court.

86
  • In these rules the term Judge includes a Commissioner of the High Court in respect of all matters within the jurisdiction of a Commissioner.

Criminal proceedings

87
  • An information of a criminal offence may be in Form 1 in Schedule 4 hereto.

88
  • The summons to the defendant in a criminal proceeding may be in Form 2 in Schedule 4 hereto.

89
  • The summons to a witness in a criminal proceeding may be in Form 3 in Schedule 4 hereto.

90
  • A warrant issued by a Magistrate for the arrest of any person suspected of a criminal offence may be in Form 4 in Schedule 4 hereto.

91
  • A warrant issued by a Judge of the Court for the arrest of an accused person may be in Form 5 in Schedule 4 hereto.

92
  • A Magistrate's warrant for the committal for trial or the release on bail of a person arrested on suspicion of a criminal offence may be in Form 6 in Schedule 4 hereto.

93
  • The recognisance to be entered into by a prisoner admitted to bail by a Magistrate may be in Form 7 in Schedule 4 hereto.

94
  • Assessors in a criminal trial may be appointed by warrant in Form 8 in Schedule 4 hereto.

95
  • A conviction may be formally drawn up and sealed in Form 9 in Schedule 4 hereto.

96
  • A warrant of commitment to prison for default in the payment of a fine may be in Form 10 in Schedule 4 hereto.

97
  • A search warrant may be in Form 11 in Schedule 4 hereto.

98
  • The remuneration and allowances payable to an assessor in a criminal trial shall be such as the Court in each case thinks fit and directs, but shall not exceed 30s. per day in addition to travelling expenses actually incurred and paid.

    The expression 30s. was substituted for he expression 1Os. by rule 18 of SR 1962/72.

99
  • The expenses of a witness at a criminal trial, to be certified by the Judge for payment out of the Cook Islands Treasury, shall be such as the Judge thinks fit, not exceeding 30s. a day in addition to travelling expenses actually incurred and paid.

    The expression 30s. was substituted for the expression 1Os. by rule 19 of SR 1962/72.

Miscellaneous

100
  • There shall be payable in respect of proceedings in the Court the fees set forth in Schedule 5 hereto. Such fees shall be paid by means of stamps, in accordance, so far as may be, with the practice in force for the time being in New Zealand.

101
  • If it appears to the satisfaction of the Court that any party is unable or ought not to be called upon to pay any of the fees mentioned in the said Schedule 5, the Court may dispense with the payment thereof or may reduce the amount thereof.

101A
  • In any appeal from the judgment of a Commissioner of the High Court to a Judge of the High Court—

    • (a) If it appears to any Commissioner or Registrar of the Court, or to any Justices of the Peace for the Cook Islands other than Niue or for Niue, acting together, that the appellant is unable to pay the fees payable in respect of the appeal, the Commissioner or Registrar or Justices of the Peace may dispense with the payment of the fees or may reduce the amount thereof:

    • (b) If the appellant succeeds in his appeal, the fees paid by him shall be returned to him.

    This rule was inserted by rule 16 of SR 1962/72.

102
  • The Court or the proper officer thereof may refuse to take any step in the course of any proceedings until the proper fee therefor, together with all other fees already due and unpaid in respect of the same proceedings, have been fully paid.

103
  • Such variations in the forms prescribed in the Schedules hereto may be made as the circumstances of any particular case may require.

104
  • All documents filed in or issued from the Court may be either in the English language or in the Native language of the Cook Islands.

105
  • Non-compliance with any of these rules shall not render the proceedings void, but the proceedings may be set aside, either wholly or in part, as irregular, or amended, or otherwise dealt with in such manner and on such terms as the Court may deem just.

106
  • The jurisdiction of the Court in any proceeding may be exercised from time to time by any of the Judges of the Court and at any time or place, notwithstanding that the proceeding may not have been duly continued by adjournment from time to time or from place to place.

107
  • If at the time and place of trial stated in any summons or notice to a defendant or other party in any civil or criminal proceeding, or in any summons to a witness, or at the time and place to which the trial or hearing of any action, prosecution, or other proceeding has been adjourned, a Judge of the High Court is not present, a Registrar, if present, may adjourn the Court to another time and to the same or any other place. If within one hour after the time so stated in any such summons or notice, or appointed by any adjournment, a Judge is not present and no adjournment by the Registrar has taken place, the Court shall be deemed to be adjourned to the same place on the next succeeding day at the hour stated in the summons or notice, or at any other hour so appointed by adjournment, and so on from time to time. On every such adjournment the summons or notice shall have the same effect as if the time and place to which the Court is adjourned had been set forth in the summons or notice.

108
  • The High Court Act 1898 and all amendments thereof, and all rules and regulations made thereunder, are hereby repealed in respect of every island included in the Cook Islands.

109
  • In these rules the term Court or High Court means the High Court of the Cook Islands.


Schedule 1

.

In the High Court of the Cook Islands. Between AB, of Rarotonga, Native, Plaintiff, and CD, of Rarotonga, Native, Defendant. THE plaintiff claims the sum of £10 due to him as the price of goods sold and delivered by him to the defendant, particulars whereof are as follows: [Or] The plaintiff claims £50 as damages for an assault committed against him by the defendant on the ............ day of ............ 19....., at.................. [Or] The plaintiff claims possession of certain chattels wrongfully detained by the defendant - namely, [Or] The plaintiff claims the sum of £100 as damages for a breach of contract committed by the defendant under the following, circumstances: [Setting out the facts].

  • The words [or] the plaintiff claims a divorce from the defendant on the ground of her adultery with one EF were omitted by rule 15(d)

Schedule 2

Form 1
Summons to a defendant

.

Form 2
Summons to witness

.

Form 3
Writ of sale

.

Form 4
Writ of possession

.

Form 5
Motion for order for payment of judgment debt

.

Form 6
Judgment summons

.

Form 7
Probate

.

Form 8
Letters of administration without a will

.

In the High Court of the Cook Islands. In the matter of the estate of ..................., deceased intestate. To ................... , widow [or as the case may be] of deceased. WHEREAS the said ..................... lately departed this life intestate: You are therefore by these presents constituted administrator of the estate of the said deceased, you having been first sworn well and faithfully to administer the same. Given under the seal of the High Court of the Cook Islands at ..............., this ............. day of ................., 19...... [SEAL]

Form 9
Letters of administration with the will annexed

.

In the High Court of the Cook Islands. In the matter of the will of ......., deceased. To ................ , widow [or as the case may be] of deceased. WHEREAS the said ...................... lately departed this life leaving a will which has been duly proved in this Court and a copy of which is hereunto annexed: And whereas no executor is named in that will or the executors named in that will have not applied for probate: You are therefore by these presents constituted administrator with the will annexed of the estate of the said deceased, you having been first sworn well and faithfully to administer the same. Given under the seal of the High Court of the Cook Islands at ................, this ............... day of ..................., 19....... [SEAL]

Form 10
Administration bond

.

In the High Court of the Cook Islands. In the matter of the estate of ...................., deceased KNOW all men by these presents that we ...................... are held and firmly bound unto the Registrar of the High Court at Rarotonga [or at Niue] in the sum of .........................., for which payment well and truly to be made to the said Registrar we do and each of us doth bind ourselves and each of us, and the executors and administrators of us and of each of us, jointly and severally, firmly by these presents. Whereas by order of this Court of the ................... day of 19 ....., it is ordered that letters of administration of the estate of ...................., deceased, be granted to the said ..................... on his giving security for the due administration thereof: and whereas ...................... has sworn that to the best of his knowledge and belief the said estate is under the value of £.......... : Now, the condition of the above-written bond is that if the above-bounden ............. well and truly administers the said estate according to law and renders to this Court a true and just account of his administration on or before the ..................... day of ................, 19....., then this bond shall be void and of none effect, but otherwise shall remain in full force. Signed the ................. day of ...................., 19......., in the presence of—

Schedule 3
Forms of motions

.

In the High Court of the Cook Islands. In the matter of the will of A B, of ...................., deceased. The applicant, C D, of ..................., claims probate of the will of the above-named deceased, who died at .................. on the ..................day of ....., 19, on the ground that he is the executor named in the said will. [Or] In the High Court of the Cook Islands. In the matter of A B, a minor. The applicant, C D, of ..................., claims the custody of A B, a minor, on the ground that the minor is the child of the applicant and that possession of the minor is wrongfully detained by E F of ................. [Or] In the High Court of the Cook Islands. In the matter of A B, a prisoner. THE applicant, A B, of ....................., claims release from detention in the prison at .................., on the ground that he is there detained unlawfully under a warrant issued without jurisdiction. [Or] In the High Court of the Cook Islands. In the matter of A B, a person of unsound mind. THE applicant, C D, Chief Medical Officer of Rarotonga, claims an order committing the said A B to medical custody, on the ground that he is of unsound mind. [Or] THE applicant, A B, of ....................., claims a maintenance order against the defendant in favour of the applicant and her children, on the ground that the defendant, being the husband of the applicant, has failed to provide her and her children with adequate maintenance.

Schedule 4

Form 1
Information (Section 284)

.

Form 2
Summons to accused (section 285)

.

In the High Court of the Cook Islands. Between A B, Informant, and C D, Defendant. WHEREAS an information has been laid against you by the above-named informant that on the ....... day of ........, 19...., at ......., you did [Setting out charge as stated in information]: You are therefore summoned to appear before this Court on ......... the .......... day of ........, 19....., at ..... o'clock in the noon, at [Place of trial], there to answer the charge so made against you. Dated this ...... day of ........, 19...... Judge of the High Court. [SEAL] To the above-named defendant.

Form 3
Summons to witness in criminal proceedings

.

In the High Court of the Cook Islands. Between A B, Informant, and C D, Defendant. WHEREAS an information has been laid against the above-named defendant that on the ................ day of ................, 19...., at ....................., he did [Setting out charge as in information]: And whereas it has been made to appear to me that you are able to give evidence relative to the charge so made. You are therefore hereby summoned to appear before the High Court on ............... , the ................. day of .................., 19....., at ............... o'clock in the ............ noon, at [Place of trial], there to testify what you know concerning the said charge [and you are hereby required to bring with you and produce to the Court the following documents, namely ................]. Herein fail not at your peril. Judge [or Registrar] of the High Court. [SEAL] To [Name and description of witness]

Form 4
Magistrate's warrant for arrest of accused

(Section 282)

.

WHEREAS it has been made to appear to me that C D, of .................... is justly suspected of the murder of E F [or of having stolen the goods of E F, or otherwise setting out the offence]: You are therefore hereby authorised and directed forthwith to arrest the said C D and bring him before a Judge of the High Court of the Cook Islands or a Magistrate, there to be dealt with according to law; and for so doing this shall be your warrant. Dated this ................. day of .................., 19...... Resident Commissioner or Registrar of the High Court, or Medical Officer, or as the case may be]. To all constables in the Cook Islands.

Form 5
Judge's warrant for arrest of accused

(Section 285)

.

In the High Court of the Cook Islands. Between A B, Informant, and C D, Defendant. WHEREAS information has been laid against the above-named defendant that on the ............... day of ..................., at .................., he did [Setting out charge as in information]: You are hereby required and authorised to arrest the said defendant and bring him forthwith before a Judge of this Court, there to answer the charge so made against him, and for so doing this shall be your warrant. Dated this .... day of ......., 19....... Judge of the High Court. [SEAL] To all constables in the Cook Islands.

Form 6
Warrant for committal to prison or release on bail

(Section 283)

.

WHEREAS A B has been brought before me in custody charged with the offence of stealing the goods of C D [or as the case may be]: Now, therefore, I hereby commit the said A B to the prison at ................., there to await his trial for the said offence before the High Court of the Cook Islands. [Or] Now, therefore, I hereby admit the said A B to bail, with two sureties [or as the case may be] in the sum of ................. pounds to appear before the High Court of the Cook Islands at the next sitting of that Court held by a Judge thereof [or by a Commissioner thereof] in the Island of ............... for trial for the said offence. Dated this ....................... day of .................., 19....... Resident Commissioner [or Registrar of the High Court, or Medical Officer, or as the case may be].

Form 7
Recognisance of prisoner admitted to bail

(Section 283)

.

KNOW all men by these presents that we [Defendant and his sureties] are held and firmly bound unto His Majesty the King in the sum of .................. pounds, for which payment to be well and truly made to His Majesty we do and each of us doth bind ourselves and each of us, and the executors and administrators of us and of each of us, jointly and severally, firmly by these presents. Whereas the above-named defendant has been arrested on a charge of ............... , and has been admitted to bail to await his trial for that offence before the High Court of the Cook Islands: Now, therefore, the condition of this bond is that if the said defendant appears before the said Court in due course for trial for the said offence at the next sitting of the said Court held by a Judge thereof [or by a Commissioner thereof] in the Island of .................., then this bond shall be void and of no effect, but otherwise shall remain in full force. Signed this .................... day of ................., 19..., in the presence of ................

Form 8
Warrant of appointment of assessors

(Section 295)

.

In the High Court of the Cook Islands. Between A B, Informant, and C D, Defendant. WHEREAS C D is accused in this Court of the murder of EF [or as the case may be]: And whereas (in pursuance of an order made by this Court in that behalf) the trial of the said accused must take place before assessors: Now, therefore, I do hereby appoint as assessors for the said trial the persons following, being duly qualified by law in that behalf: ............. Dated this .... day of ........., 19........ Judge. [SEAL]

Form 9
Conviction (section 308)

.

In the High Court of the Cook Islands. Between A B, Informant, and C D, Defendant. BE it remembered that on the ................ day of .................., 19......, at .............., C D, ............., is convicted before this Court ................. on the information of A B, ................, for that on the ............... day of ................., 19...., at ..............., he did [Set out the offence]; and it is adjudged that the said C D for his said offence shall be imprisoned in the prison at .................. for the space of ................. Given under my hand and the seal of the said Court, the day and year first above written. Judge of the High Court. [SEAL]

Form 10
Warrant of commitment for default in payment of fine

(Section 273)

.

In the High Court of the Cook Islands. Between A B, Informant, and C D, Defendant. WHEREAS on the ................... day of ................., 19..., the above-named defendant was convicted in this Court of the offence of .................., and sentenced to pay a fine of .............. : And whereas the said fine remains unpaid: It is ordered that the said defendant be imprisoned for the term of ................... from the date of this order, or until the said fine shall be sooner paid. Dated this .............. day of ................, 19...... Judge. [SEAL]

Form 11
Search warrant (section 314)

.

WHEREAS it has been made to appear to me, on the oath of A B, that there is reasonable ground for believing that there are in the dwelling-house of C D (or as the case may be) at ................. certain goods in respect of which an offence has been committed against the Customs Act 1913 (or as the case may be): Now, therefore, I hereby authorise you to search such dwellinghouse for such goods and to seize the same and bring them before me; and for so doing this shall be your warrant.Dated this ................ day of ................, 19..... Collector of Customs [or as the case may be]. To E F, Constable.

Schedule 5
Court fees

  • Schedule 5 was substituted for the original Fifth Schedule by rule 17(1) Rules of the High Court 1916, Amendment No 3 (SR 1962/72).

Civil Proceedings
1.In Actions Where a Sum of Money or Any Property is Claimed:
 Sum of Money or Value of the Land or Chattel Claimed
 Not Exceeding £10Not Exceeding £20Not Exceeding £50Not Exceeding £100Not Exceeding £250Exceeding £250
   £ s d£ s d£ s d£ s d£ s d£ s d
 (1)Filing statement of claim and issue of summons0 3 00 5 00 10 00 15 01 0 01 5 0
 (2)Filing counterclaim (on amount of counterclaim)0 2 00 3 00 5 00 7 60 10 00 12 6
 (3)Hearing or rehearing and judgment (on claim or counter-claim)0 3 00 5 00 10 00 15 01 0 01 5 0
2.In All Other Actions and Proceedings:£ s d
 (1)Filing and hearing statement of claim and issue of summons0 10 0
 (2)Service of any summons, notice, or other process0 2 0
 (3)For each additional summons in any proceedings0 2 0
 (4)Sealing of any judgment, order, writ of execution, or other document (other than a summons)0 3 0
 (5)Copy of any document or notes of evidence-per folio of 72 words (minimum 3 folios)0 0 8
 (6)Filing of any notice of motion, affidavit, petition (other than a petition for divorce), or other document0 3 0
 (7)Hearing of any motion or petition (other than a petition for divorce)0 5 0
 (8)Filing petition for divorce or nullity of marriage and supporting affidavit0 10 0
 (9)Hearing of petition for divorce or nullity of marriage1 0 0
 (10)Stating case for Supreme Court1 0 0
 (11)Hearing application for leave to appeal to Supreme Court0 10 0
 (12)Sealing order granting leave to appeal to Supreme Court1 0 0
 (13)Filing motion for probate or letters of administration0 10 0
 (14)Sealing any probate or letters of administration:
  Where the net value of the estate does not exceed £5001 0 0
  Where the net value of the estate exceeds £500 but does not exceed 1,0001 10 0
  Where the net value of the estate exceeds £1,0002 0 0
 (15)Execution of any writ of execution or warrant0 3 0
No fees shall be payable in proceedings under Part 20 of the Cook Islands Act 1915.
Criminal Proceedings
No fees shall be payable in any criminal proceedings commenced by the information of an officer of police or any other employee of the Cook Islands Public Service.
In all other cases a fee of 10s. shall be payable on the information.
If the accused is convicted, the fee so paid shall be refunded to the informant.
Appeals from Commissioners of the High Court (Whether in Civil or Criminal Proceedings)
 £. s. d
 (1)Filing notice of appeal0 5 0
 (2)Hearing of appeal0 10 0
No fees shall be payable in respect of appeals in proceedings commenced by an officer of police or any other employee of the Cook Islands Public Service.

J F ANDREWS,

Clerk of the Executive Council.


Issued under the authority of the Regulations Act 1936.

Date of notification of principal regulations in Gazette: 9 March 1916.


Contents

  • 1General

  • 2About this eprint

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


Notes
1 General
  • This is an eprint of the Rules of the High Court of the Cook Islands 1916 (Reprint). It incorporates all the amendments to the Rules of the High Court of the Cook Islands 1916 (Reprint) 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)