Court seeks resignation

Press, 2 August 1983, Page 16

Court seeks resignation

NZPA special correspondent Rarotonga The Prime Minister of the Cook Islands, Mr Geoffrey Henry, will have to resign his office and seek re-ap-pointment through a vote in Parliament, according to a Court of Appeal decision given in Rarotonga. Delivering the decision, the Cook Islands’ Chief Justice, Sir Graham Speight, ruled that Mr Henry was required under the Cook Islands Constitution to resign from the Prime Ministership within seven days of the Parliamentary session opening. A New Zealand Sunday newspaper says that Mr Henry will abide by the ■decision and resign. The Court of Appeal, which reserved its decision at a sitting in Auckland last month, comprised Sir Graham, Mr Justice Keith, ' and Mr Justice Dillon. Its decision says that the appointment of the Prime Minister must be made through a vote of confidence by the majority of members present at aJParliamentary sitting, and that the person presiding only has a casting vote if he or she is an elected member. Mr Henry’s Cook Islands

Party was elected in April, unseating the Democratic Party, led by Sir Thomas Davis, and taking a narrow majority in the 24-seat Parliament. He was subsequently appointed Prime Minister by the Queen’s representative in the Cook Islands, Sir Gavin Donne. The Parliament sat for one day, June 24, and then resumed for its official opening on Thursday. Sources say the decision means Mr Henry will need tp resign by tomorrow.

If he wishes to take the matter further, an appeal would need to go to the Privy Council. The Court of Appeal hearing arose when the Cook Islands’ Solicitor-General, Mr Michael Mitchell, applied for an interpretation of sections 13 and 14 of the Consitution, at the direction of Sir Gavin. At issue was a section dating to 1964, which said that the appointment of a Prime Minister in office at the start of the first session of a newly-elected Parliament should be terminated by the Queen’s representative by the seventh day of the session, if the Prime Minister had not already resigned.