The Short Title of this Act is “The Cook and other Islands Government Act Amendment Act, 1904”; and it shall form part of and be read together with “The Cook and other Islands Government Act, 1901” (hereinafter referred to as “the principal Act”).

Notwithstanding anything to the contrary in “The Cook and other Islands Government Act Amendment Act, 1902” (limiting the duration of the principal Act), the principal Act and its amendments shall continue in force and be deemed to have continued in force as if such limit had not been imposed.

The Governor may from time to time, by notice in the Cook Islands Gazette, take any lands in the said Islands required for townships, landing-places, public fisheries, or any public work within the meaning of “The Public Works Act, 1894.”

On the gazetting of such notice the land referred to therein shall, by virtue of this Act, vest absolutely in His Majesty as lands of the Crown, freed and discharged from all claims, estates, and interests of any other person, and shall be held and administered for the purposes specified in the notice.

A copy of such notice shall be filed in the office of the Registrar of the Cook and other Islands Land Titles Court.

The Registrar shall give notice to every person who appears or is known to be the owner of the land so taken that a sitting of the said Court will be held, at a time and place specified in the notice, to determine the owners of the land, and the amount of compensation, if any, payable to them.

Such sitting of the Court shall not be held sooner than one month after the giving of such notice.

Any person who claims to be the owner of the land shall, before the date specified in the notice as aforesaid, file with the Registrar a statement in writing of the nature of his interest in the land, and the amount of compensation claimed for the same.

On the day specified as aforesaid the Court shall proceed to determine the owners of the land and the amount of compensation payable to them, and such compensation shall be payable out of the public revenues of the said Islands.

The Governor may from time to time make regulations prescribing the mode of making and assessing such compensation claims, and generally whatever he thinks necessary in order to give full effect to this section.

For the purposes of this section the term “owner” shall be deemed to include every person having any estate or interest in the land.

All lands taken under this section for townships shall be dealt with in manner prescribed by regulations to be made by the Governor.

With respect to any Crown lands proclaimed under section fifteen of the principal Act as a reserve for public pearl-shell fishing or public turtle fishing the following provisions shall apply:—

On and after the thirty-first day of March, one thousand nine hundred and five, the Arikis’ Courts in any of the said Islands to which a European Resident Agent has been appointed by the Governor shall be abolished.

The jurisdiction and powers of the Arikis’ Courts or a Judge thereof in any such island shall thereafter be exercised by such Resident Agent therein.

All references in any Ordinances of the said Islands to the Arikis’ Court or a Judge thereof shall in any such island be deemed to be references to such Resident Agent therein.

The foregoing provisions shall, on and after a date to be fixed by the Governor, apply to any of the said Islands to which a European Resident Agent is appointed after the coming into operation thereof.

On and after the thirty-first day of March, one thousand nine hundred and five, each of the existing Island Councils shall consist of nine members, and shall be constituted as follows:—

This section shall not apply to the Island of Niue.