TE TANGO TUTARA O TE TURE
(MINISTRY OF JUSTICE)
ANNUAL REPORT
2015-16
1
Contents
From the Secretary: ................................................................................................................................ 4
Introduction: ........................................................................................................................................... 5
Our Vision................................................................................................................................................ 5
Mission: ................................................................................................................................................... 5
Our Values ............................................................................................................................................... 5
Objectives: .............................................................................................................................................. 6
Our Operations ....................................................................................................................................... 6
Output 1: Court and Tribunals ................................................................................................................ 7
The Judiciary ....................................................................................................................................... 7
The Courts ........................................................................................................................................... 9
The Privy Council ............................................................................................................................. 9
Court of Appeal of the Cook Islands. .............................................................................................. 9
High Court of the Cook Islands,..................................................................................................... 10
The Civil Division ........................................................................................................................... 18
The Land Court Division. ............................................................................................................... 20
Stenographer’s Section ................................................................................................................. 23
The Children’s Court ......................................................................................................................... 24
Te Koro Akaau ............................................................................................................................... 24
The Coroner’s Court .......................................................................................................................... 25
Tribunals............................................................................................................................................ 25
(a).
Leases Approval Tribunal (“LAT”)...................................................................................... 25
(b)
Land Agents Registration Board (“LARB”) ......................................................................... 27
Land Information Division ..................................................................................................................... 27
Land Titles (“ROLT”) Section ............................................................................................................. 27
Land Trust Section............................................................................................................................. 29
The Land Survey Section ................................................................................................................... 30
The Registry Division: ............................................................................................................................ 31
Births, Deaths, and Marriages Registers Section (“BDM Section): ................................................... 31
The Company and Incorporated Societies Registers Section (“Companies Section”) ...................... 34
Prison Service ........................................................................................................................................ 35
Security Section:............................................................................................................................ 36
Support Services Section:.............................................................................................................. 39
Probation Service Division .................................................................................................................... 42
Report Preparation Section: ......................................................................................................... 43
Monitoring and Compliance Section: ........................................................................................... 44
2
Corporate Services Division .............................................................................................................. 47
Information Technology Section: .................................................................................................. 47
The Financial Services Section: ..................................................................................................... 47
Conclusion: ............................................................................................................................................ 51
3
From the Secretary:
It is my pleasure to present the Annual Report for the Te Tango Tutara o te Ture, or Ministry
of Justice (“the Ministry”) for the financial year 2015/16 (‘the reporting period”).
Like previous reports, the continuing demand for more court sitting days is ever on the
increase, leading to a total of 292 court days provided in the reporting period. Of these, 245
days were for criminal and civil matters, and 47 days for land matters. This is an increase of
66 days on the previous reporting period where a total of 226 days were provided, which 191
days was for criminal and civil matters and the other 35 days was for land matters.
This increase in the number of court sitting days is necessary to address the ever increasing
number of criminal informations, civil applications, and land applications filed before the
court.
The increase in the number of criminal informations is reflected also in the ever increasing
number of persons sentenced to custody and probation by the court. Despite submissions on
the increased numbers, the budget is still based on a baseline set ten years ago. In addition to
the lack of resources is the increase in the number of persons who are mentally challenged
that are placed in custody and on probation. If not addressed, it will have a huge impact on
the wellbeing of Prison Officers and Probation Officers.
In a developing country, land is an important asset in all forms of development. This
warranted the need for an updated and correct Register of Land Titles (“ROLT”). The Ministry
is focussing on reviewing its processes in regards entries onto the ROLT and is currently
updating the ROLT to ensure that entries are accurate. Parallel to reviewing the ROLT is the
need to update the land court transcripts in order to have court decisions mirrored on the
ROLT. This work will continue.
Despite these challenges, the Cook Islands is very fortunate to have a committed and
dedicated judiciary, both Judges and Justices of the Peace. Despite the limited resources, they
have excelled in the performance of their duties and functions. This is testament to the efforts
of Chief Justice Weston QC and his effort to improve the performance of the judiciary.
I am also thankful to the commitment and dedication of the staff of the Ministry. The Ministry
is looking forward to the passage of new legislations like the Family Law Act, Companies Act,
Private Property Securities Act, and the amendments to the Incorporated Societies Act. As
these new legislations will provide the Ministry with the opportunities to improve its
procedures and service to the public.
We look forward to the future.
Atawai Wolo Ye Maneke.
Tingika Elikana LLB, MBA.
Secretary
4
Introduction:
1.
Te Tango Tutara o te Ture, the Ministry of Justice (“the Ministry”), is a government entity that
has functions in both the Judiciary, and Executive arms of government.
2.
Its judicial functions and responsibilities includes;
a. Maintaining an efficient, effective and independent judiciary;
b. Improving access to the courts
c. Upholding and enhancing respect for the rule of law;
d. Upholding the principles of good governance.
It does this through the administration of the courts and the provision of logistic and support
to the judiciary.
3.
Its executive functions and responsibilities includes;
a. The development and implementation of policies giving effect to government plans
in regard the law and order sector;
b. Having effective and efficient systems in place;
c. Having accurate and trusted registers that are accessible to the public.
4.
The Ministry is headed by the Secretary who is appointed under the provisions of the Public
Service Act 2009.
Our Vision
5.
The Vision for the Ministry is:
“For a safe, secure, just and fair society with a trusted land management and
information and register systems”
Mission:
6.
The Mission for the Ministry is:
“To provide accurate, proficient and effective customer services through
administering just and equal laws that continue to promote a safe, secure,
stable and fair society, holding persons accountable for their actions, and to
provide a more reliable, accessible and sustainable land information and
administration system, working towards an electronic environment.”
7.
Both the Vision and Mission of the Ministry reflects its aspirations to be the number one
service provider in the Law and Order sector of government.
Our Values
8.
The Ministry prides itself on the following values, (“RISE”)
5
Respect –
a. We respect and value others and their assistance and contributions towards
our work
b. We share our knowledge and experience generously with others
c. We respect diversity and support one another
Integrity
d. We strive to be fair, honest, transparent and impartial and take personal
responsibility for our actions
e. We strive to set high standards for ourselves
f. We act without fear or favour
g. We make decisions on merit
Service
h. We are committed to delivering results within agreed timeframes
i. We strive to understand and meet the needs of those to whom we provide
services to.
j. We maintain and take good care of our relationships with others.
Excellence
k. We focus on quality and finding solutions
l. We encourage innovation to achieve better results
m. We aim to be efficient and effective
9.
The values of the Ministry are reflective of its aspirations to be a good public service provider.
Objectives:
10.
The Objectives for the Ministry in the reporting period are to;
a. Maintain the independence of the judiciary.
b. Enhance respect for the rule of law.
c. Hold offenders accountable.
d. Reduce the incidence of crime and its impact on the community.
e. Provide an accessible, trusted, and respected judicial system.
f. Provide an accurate, trusted, and sustainable land information system.
g. Provide an accurate, trusted, and sustainable Registry and Electoral Rolls.
11.
These are the same objectives of the Ministry over the years and reflects its core functions
and responsibilities within government.
Our Operations.
12.
The operations of the Ministry is divided into 6 Divisions, based on its key outputs. These are;
Output 1 – Court and Tribunals, Output 2 – Land Information, Output 3 – Registry, Output 4 –
Prison Services, Output 5 – Probation Service, and Output 6 – Corporate Services. Outside of
these Divisions is the Judiciary.
6
Output 1: Court and Tribunals
13.
The Courts and Tribunals Division is responsible for delivering Output 1 of the Ministry. Its
functions and responsibilities highlight the dual role that the Ministry performs in regards the
Judiciary and Executive arms of government.
14.
One of the key functions of the Division is maintaining the independence of the judiciary and
enhancing respect for the rule of law. Another is the administration and provision of logistical
support to both the Courts and Tribunals.
15.
The Division is headed by the Registrar of the High Court who is primarily responsible, in
consultation with the Chief Justice, for the allocation and distribution of cases and matters
before the courts.
The Judiciary
16.
The Judiciary is the third arm of government or the State. Its key functions are to interpret
and apply the laws passed by the Parliamentary arm of the State, and to review policies
developed and implemented by the Executive arm of the State. It is independent of both the
Parliament, and Executive arms of government.
17.
The Cook Islands Judiciary is headed by the Chief Justice Hon Mr Thomas Crowley Weston
Q.C1. He is appointed in accordance with the provision of Article 49(3) and Article 52(a) of the
Constitution of the Cook Islands (“the Constitution”).
18.
All other Judges of the Cook Islands are appointed under Article 49(3), Article 52 (b), and
Article 56 of the Constitution.
19.
Article 49(3) set out the requisite qualifications for becoming a Judge in the Cook Islands, while
Article 52(b) deals with the appointment of Judges to the High Court of the Cook Islands.
Article 56 deals with the appointment of Judges to the Appeal Court of the Cook Islands.
20.
The following are the Judges of the Court of Appeal during the reporting period:
The Hon Justice David Williams QC – President of the Court of Appeal.
The Hon Justice Sir Ian Barker KT, QC
The Hon Justice Sir Kenneth Keith KBE, QC
The Hon Justice Robert Fisher QC
The Hon Justice Barry Patterson CNZM, OBE, QC
The Hon Justice Douglas John White QC
21.
The following are the Judges of the High Court of the Cook Islands during the reporting period:
1
His term as Chief Justice comes to an end on the 31 st October 2016, Sir Hugh Williams Q.C takes over as Chief
Justice from the 1 st November 2016.
7
The Hon Justice Sir John Hugh Williams KNZM, QC
The Hon Justice Christine Grice
The Hon Justice Colin Doherty
The Hon Justice Dame Judith Potter KNZM
The Hon Jane Hewat Lovell-Smith2
The Hon Patrick John Keane
The Hon Justice Patrick Savage
The Hon Justice Wilson Isaac
The Hon Justice Craig Tamihana Coxhead
22.
Justices Savage, Isaac, and Coxhead presides over land matters in the Land Division of the High
Court. Justice Coxhead is a new addition to the Land Division of the High Court of the Cook
Islands.
23.
All Judges, including the Chief Justice, of the Court of Appeal and High Court of the Cook
Islands are part timers. They attend to judicial matters in the Cook Islands when required to
do so, depending on their availability. Despite their part-time status, they have attended to
their judicial functions and responsibilities without failure. The Cook Islands are very fortunate
to have such dedicated and committed Judges presiding in both the Court of Appeal and the
High Court.
24.
Beside the Judges, Article 62 of the Constitution provides for the appointment of Justices of
the Peace. These are lay persons who have good standing in the community. These Justices of
the Peace may sit as a single Justice of the Peace or as three Justices of the Peace depending
on the applicable jurisdiction in regards the matter before the Court. The jurisdiction of single
or three Justices of the Peace are set out in section 19 and section 20 of the Judicature Act
1980-81. The exercise of those jurisdictions depends on the seriousness of the matter and the
potential penalty or award set out by legislation.
25.
Like the Judges, Justices of the Peace perform a vital role in the delivery of justice in the Cook
Islands. The Cook Islands are very fortunate to have such a group of dedicated and committed
Cook Islanders, who are willing to see that justice is applied fairly.
26.
It is an important aspect of any judicial system that all those who are engaged to deliver justice
must have the appropriate knowledge of the law and the skills to apply it. In that respect the
Ministry is indebted to the Pacific Judicial Development Program (PJDP) for its continued
support in the training and up-skilling of judicial and court officers. It also wishes to express
its gratitude to the New Zealand government for its continued financial assistance of the
program and the Australian Federal Court for its management of it. Annexed II is our response
to the PJDP indicators.
27.
The following table set out the number of training opportunities and seminars provided by
the PJDP in the reporting period.
2
Both Justice Jane Hewat Lovell-Smith and Justice Patrick John Keane were appointed on the 1 July 2016.
8
DATE
30 June 2015– 1 July 2015,
Auckland, NZ
29 -31 July 2015, Auckland, NZ
30-31 July 2015, Auckland, NZ
2 -4 November 2015, Sydney
Australia
2 -13 November 2015, Auckland
NZ
9 -13 November 2015, Auckland
NZ
28.
PJDP ACTIVITY
Institute of Judicial Studies (IJS) Evidence
and Procedure Seminar
SPC Regional Consultation on Human
Rights for Judges and Magistrates
Institute of Judicial Studies (IJS), Decision
Making Workshop
Chief Justices’ Leadership Workshop &
Programme Executive Council (PEC)
Meeting
Mentoring activity with the New Zealand
(Manukau) District Courts for Judicial and
Court Officers
Mentoring activity with the New Zealand
(Manukau) District Court for Judicial and
Court Officers
PARTICIPANTS
Carmen Temata JP
John Kenning JP, Georgina KeenanWilliams JP
John Whitta JP
John Kenning JP
Ma’Cherie Mani
Therese Matara
Carmen Temata JP
Georgina Keenan-Williams JP
The PJDP was also instrumental in the establishment of the Koro Akaau process, which will be
referred to later in this report.
The Courts
29.
The Cook Islands, despite the distance and costs, still uses the Privy Council as its final
appellate court; the Appeal Court as its appellate court; and the High Court as it general
jurisdiction court.
The Privy Council
30.
Article 59(2) of the Constitution of the Cook Islands provides a right of appeal to the Privy
Council. The Privy Council is the final Appellate Court for the Cook Islands. It is the highest
Court in the court structure of the Cook Islands. It is located in London and presided over by
Law Lords.
31.
In the reporting period, the Privy Council heard the case of Minister of Cook Islands
Superannuation Fund v Arorangi Timberland & Others. The Ministry is awaiting the decision
of the Privy Council. There were also two applications for leave to appeal to the Privy Council,
which were heard by the Court of Appeal. One was discontinued, Apex Agencies & Ors v CITC
Ltd, and the other Eliesa Sivaro v The Crown was dismissed.
Court of Appeal of the Cook Islands.
32.
The Court of Appeal of the Cook Islands was established by Article 56 of the Cook Islands
Constitution as a superior court of record. It has jurisdiction to hear and determine appeals
from a judgment of the High Court of the Cook Islands. It is the second highest court in the
Cook Islands.
33.
The Court of Appeal is supported by the Registrar of the High Court, the Deputy Registrars of
the High Court and staff of the Criminal, Civil, and Land Divisions.
9
34.
The Court of Appeal is always scheduled to have two, one week sessions in each financial year
or reporting period. In this reporting period, the Court of Appeal was convened from 16 -20
November 2015 and 13-17 June 2016.
35.
In the 16 -20 November 2015, session, the Court of Appeal dealt with the following appeals:
CA No
7/15
36.
38.
Respondent
The Crown
Area of Law
Criminal
–
appeal against
decision
of
Doherty J
Result
Dismissed
In the 13-17 June 2016 session, the Court dealt with the following appeals:
CA No
9/15
37.
Applicant
Taina Timoti
Applicant/s
The Green Room Ltd
Respondent/s
The Landowners of Nukupure
Section 3DI & 3D3, Ngatangiia
Area of Law
Land Law
Result
Dismissed
The following table set out the number of outstanding Court of Appeal cases:
Date Filed
28/5/15
CA No
CA 5/15
Applicant/s
Club Raro Ltd
Respondent/s
The Landowners
Area of Law
Land
08/10/15
CA 8/15
Popo Ben
Trainee Samson & Other
Chiefly Title
03/11/15
CA 10/15
Ora Fiduciary (CI)
Ltd & Other
MFEM
Taxation
Result
For hearing on 17/11/15 of
Application for Extension of
time
Application for leave to appeal
referred to a High Court Judge
for consideration
Application for leave to appeal
referred to a High Judge for
consideration
It is evident in the table above that the majority of outstanding appeals relate to land and
chiefly title matters.
High Court of the Cook Islands,
39.
The High Court of the Cook Islands is established under Article 47 of the Constitution of the
Cook Islands. It is divided into three divisions namely; Criminal, Civil, and Land. It is the Cook
Islands court of first instance, in the sense that all matters, whether criminal, civil, and land
are commenced in this court.
40.
As stated above the Registrar of the High Court, in consultation with the Chief Justice, allocate
fixtures of matters to be dealt with by the Court. The Chief Justice in consultation with the
Judges appoints a judge to preside over a session of the High Court. A session of the Court,
subject to availability of funds, is normally for two weeks.
41.
It is the practice to have the Criminal and Civil Divisions of the High Court share a session. The
Land Division, due to the number of applications, has its own session.
42.
The Chief Justice besides presiding over criminal and civil cases, also exercises a review
function for land cases under section 390A of the Cook Islands Act 1915. There is a need to
review the need for section 390A, taking into account the existence of appeal provisions.
10
The Criminal Division.
43.
The Criminal Division is headed by the Registrar of the High Court and supported by the
Deputy Registrar of the High Court – Criminal and Civil Division and Deputy Registrars of the
High Court in the Outer Islands.
44.
Beside the Deputy Registrar of the High Court – Criminal and Civil Division, the Division is
supported by a senior clerk and a clerk. In essence there are only three staff servicing the
Criminal and Civil Division of the High Court on Rarotonga and one on each of the Outer
Islands.
45.
In the reporting period the Criminal and Civil Division of the High Court, presided over by a
Judge, was convened during the following times:
Date
6 – 24 July 2015
14-25 Sept 2015
19- 21 Oct 2015
23 Nov – 4 Dec 2015
7 – 18 March 2016
23 May – 3 June 2016
Duration
3 weeks
2 weeks
3 days ( Special Sitting)
2 weeks
2 weeks
2 weeks
Presiding Judge
Justice Doherty
Chief Justice Weston
Chief Justice Weston
Justice Grice
Justice Porter
Justice Sir Hugh Williams
46.
In a session of the Criminal and Civil Division of the High Court, it is the practice to deal with
criminal matters in the first week followed by civil matters. Each session normally starts with
a jury trial.
47.
The following table set out the number and result of jury trials held during the reporting
period:
Date of Hearing
6-7 July 2015
CRN
611-612/13
14 – 16 Sep 2015
543/13
17-18 & 21 Sep 2015
23-25 Nov 2015
70/15
704/14
&
706/14
237-238/14,
240-246/14
720/14
7 – 11 Mar 2016
25-27 Jun 2016
48.
Charge
Possession of Cannabis
Possession of utensils
Dangerous Driving causing
Death (Vehicle manslaughter)
Careless Driving causing injury
Cultivation of Cannabis
Possession of utensils
Theft as a Servant
False Accounting (x8)
Dangerous Driving causing
bodily injury
Result
Guilty on both charges
Not Guilty
Guilty
Not guilty on both charges
Guilty on all charges.
Guilty
The following table shows the number of outstanding jury trials at the end of the reporting
period:
CRN
243-247/15
136/16
Offence
Resisting Police, Obscene Language, Failed to give
particulars, Assault of Police Officer (2)
Driving under the influence of alcohol causing death, Driving
under the influence of alcohol causing bodily injury (2)
Possession of utensil
503-504
594/15
Using a document
Corrupt Practice by a Minister of the Crown3
378-380/15
Status
Set down for September 2016
session
Set down for November 2016
session
Set down as a backup trial for
September session
Set down for September session.
Set for July Session
3
The case was heard in July 2016 and the Minister was found guilty following a trial by jury. The matter is now
subject to an Appeal.
11
49.
Beside the hearings presided by a judge, weekly sittings of the Criminal and Civil Division of
the High Court presided by a single Justice of the Peace are also scheduled. Sittings presided
by three Justices of the Peace are held on a monthly basis.
50.
It is to be noted that despite the lack of legal qualifications, the number of appeals against the
decisions of Justices of the Peace in the reporting period is as set out below:
JP
Appeal
No
Nature of
Appeal
Date heard
Decision
Presided by
1
2/15
(CR No.
575/15)
13.11.15
Appeal allowed. Respondent remanded in
custody
H Williams J
2
3/15
(CR No
656/14)
1.6.16
Appeal allowed.
(Sentence and orders made would not have
been made had this charge and another
charge (CR 721/14) been dealt with together)
H Williams J
3
1/16
(Land
173/16)
Appeal against
granting bail by
Kenning JP on
12 November
2015
Appeal against
sentence of 1
month
imprisonment
imposed by
Temata JP on
15 December
2015
Appeal against
decision by
David JP made
on 20 April
2016
20.5/16
Dismissed
Isaac J
52.
1
11
15
1
2
4
7
19
2
2
2
14
1
1
-
1
2
Jun
Mar
-
May
Feb
-
Apr
Jan
Court of Appeal
5
Criminal & Civil Judge*
15
10
3
10
Land Judge
6
5
10
Criminal & Civil Single JP#
11
7
13
21
9
Land Single JP
1
Three JP
3
2
1
2
1
Registrar
1
1
4
1
*includes Judge and Jury trial days. #includes Arrests.
Dec
Nov
Oct
Jul
2015-16
Sept
The following table shows the number of days the criminal and civil division of the court was
convened. It also shows the number of days according to the jurisdiction of the person
presiding over the proceedings.
Aug
51.
No
Total
5
3
10
60
31
142
16
17
16
7
10
16
10
1
2
1
10
-
The following table shows the number of criminal information filed in each month during the
reporting period compared previous reporting periods;
Reporting
Period
2012-2013
2013-2014
2014 - 15
Number of information filed per month in the Criminal Division of the High Court
Jul
51
69
55
Aug
135
53
142
Sep
44
112
57
Oct
42
82
89
Nov
46
40
52
Dec
70
39
61
Jan
31
25
31
Feb
42
48
52
Mar
48
40
71
Apr
42
57
58
May
72
86
45
Jun
52
48
47
Total
675
699
760
12
2015-16
70
42
53
72
60
82
94
94
136
86
86
938
63
53.
It is evident from the above table that the number of information filed in the criminal division
of the High Court is on the increase. These do not include informations adjourned from
previous months.
54.
The following table set out the number of criminal information filed each month relating to
specific offences in the reporting period. It also provides a comparison with previous reporting
periods.
Burglary
2012-13
2013-14
2014-15
2015-16
Theft
2012-13
2013 -14
2014-15
2015-16
Theft as a
Servant
2012-13
2013-14
2014-15
2015-16
Common Assault
2012-13
2013-14
2014-15
2015-16
Assault on
Female
2012-13
2013-14
2014-15
2015-16
Cultivation
Cannabis
2012-13
2013-14
2014-15
2015-16
Possession/Use
of Cannabis
2012-13
2013-14
2014-15
2015-16
Excess
Breath/Blood
Alcohol (EBA)
2012-13
2013-14
2014-15
2015-16
Careless Driving
2012-13
2013-14
2014-15
2015-16
Driving While
Disqualified
Specific information/charge filed in the Court
Oct
Nov
Dec
Jan
Feb
Mar Apr
May
Jun
Total
2
2
2
1
2
15
6
2
4
1
2
-
48
43
37
37
1
2
2
5
5
4
1
2
1
3
2
2
4
3
5
23
25
21
39
2
-
4
4
1
-
3
3
-
3
-
17
10
7
13
3
4
5
2
6
2
5
3
3
1
1
6
1
2
-
2
3
23
29
7
40
3
9
4
6
2
2
4
3
4
10
1
3
8
2
3
5
4
1
5
8
5
5
7
3
2
4
2
46
46
42
48
2
2
-
1
1
-
-
-
-
-
1
-
4
1
2
2
1
1
-
1
2
-
2
1
1
1
2
3
1
1
1
-
2
-
2
-
-
13
4
8
3
10
14
24
8
9
1
54
11
8
4
12
12
16
17
19
4
3
6
10
9
6
7
10
12
1
12
11
9
1
16
7
15
7
5
22
7
11
3
6
115
78
166
122
-
2
2
1
2
3
-
1
4
1
4
1
3
1
3
2
13
26
19
25
Jul
Aug
Sept
9
1
8
3
4
-
4
4
4
2
2
6
2
3
8
8
5
9
4
5
5
1
2
3
6
1
4
3
5
4
1
2
3
2
5
1
1
1
6
2
3
5
1
3
6
3
1
1
1
5
3
4
1
2
1
1
2
3
1
2
6
-
-
2
1
2
4
1
2
3
-
2
4
5
2
2
2
1
1
2
2
2
2
1
4
2
2
5
1
2
6
3
2
2
4
2
5
6
1
1
2
3
4
4
2
7
10
3
8
8
-
1
1
-
-
1
1
-
1
-
2
1
-
7
8
10
5
9
22
1
2
3
2
2
1
1
-
6
2
2
-
2
4
2
2
1
2
1
2
-
4
9
2
1
13
2012-13
2013-14
2014-15
2015-16
1
3
2
4
2
4
9
2
1
3
8
1
4
7
3
2
1
2
4
2
7
1
2
4
21
2
1
5
21
1
1
4
9
1
3
4
2
4
2
6
20
23
30
103
2
3
5
55.
It is concerning to note an increase, compared to the last reporting period, in the number of
common assault and assault on female informations filed with the court. While there has been
a slight drop in the number of information relating to EBA, the increase in the number of
people driving while disqualified is a concern.
56.
The following table look at the total number of information dealt with by the court in each
month. These include adjourned information from previous months or reporting periods. The
tables also provides a comparison with other reporting periods;
Reporting
Period
Total Number of information heard in the Criminal Division of the High Court each month
Jul
Aug
Sep
Oct
Nov
Dec
Current
Previous
Total
51
54
105
135
122
257
44
53
97
42
39
81
46
42
88
70
29
99
Current
Previous
Total
69
68
137
53
66
119
112
78
190
82
88
170
40
63
103
39
39
78
Current
Previous
Total
55
123
178
135
264
399
57
240
297
89
197
286
52
134
186
61
99
160
Current
Previous
Total
70
95
165
42
146
188
53
89
142
72
112
184
60
69
129
82
113
195
Jan
Feb
2012-13
31
42
60
48
91
90
2013-14
25
48
73
63
98
111
2014-15
31
52
111
71
142
123
2015-16
94
94
75
158
169
252
Mar
Apr
May
Jun
Total
48
25
83
42
25
67
72
69
141
52
97
149
675
663
1338
40
86
126
57
73
130
86
81
167
48
56
104
699
834
1533
71
155
226
58
112
170
45
123
168
47
80
127
753
1709
2462
136
150
286
86
241
327
86
183
269
63
216
279
938
1647
2585
57.
The total number of information heard in the Court in each month equates to more than 40
cases per week. An increase of 10 more cases than the previous reporting period which was
30. This highlight the demand on the Ministry to provide more court sitting days.
58.
The lack of financial and human resources makes it difficult for the Ministry to provide as much
court sitting days to meet the demand. This affects the efficiency of the court in expeditiously
dealing with criminal cases. Any delays in disposing of criminal matters can affect both the
individual charged, the prosecuting agency and the Ministry.
59.
The following table set out how criminal cases were dealt with by the Court.
Custody
Probation
Fined
Convicted and Discharge
Discharge without Conviction
Section 113
Dismiss
Withdrawn
Adjourn
Total
How matters are dealt with by the Court 2015-16
Jul
14
Current
Previous
Aug
Current
Previous
Sep
Current
Previous
Oct
Current
Previous
Nov
Current
Previous
Dec
Current
Previous
Jan
Current
Previous
Feb
Current
Previous
Mar
Current
Previous
Apr
Current
Previous
May
Current
Previous
Jun
Current
Previous
70
95
48
49
1
6
3
12
2
1
1
-
6
4
2
21
9
42
146
28
96
12
2
8
3
-
14
12
11
2
53
89
29
53
5
1
6
1
1
-
12
5
6
11
12
72
112
48
73
2
15
-
2
7
-
22
8
6
1
60
69
33
62
6
-
-
2
-
1
-
16
2
3
4
-
82
113
56
73
1
5
5
1
-
26
7
12
9
94
75
82
62
1
2
1
-
3
1
-
-
9
7
1
-
94
158
51
135
5
2
-
1
1
-
36
5
6
2
5
136
150
117
120
5
-
1
4
-
-
18
12
9
-
86
241
58
156
31
2
1
7
2
5
-
-
10
32
5
13
2
6
86
183
61
166
2
1
3
-
-
-
21
7
1
3
1
3
63
216
41
135
5
18
5
1
2
-
2
12
21
9
28
60.
It is evident from the above table that the total number of criminal information carried
forward into the next reporting period is 176. This is an increase of 79 from the previous
reporting period where the number of cases carried forward was 97. If this trend continues
into the next reporting period it can affect the efficiency of the judicial system.
61.
The following table set out the total number of information before the court each month and
the total number adjourned or cleared.
62.
Jul
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Total
2015-16
Total number of
information per month
165
188
142
184
129
195
169
252
286
327
269
279
2585
Total number adjourned
97
124
82
121
94
129
144
186
237
214
227
176
1831
Total Number cleared
68
64
60
63
35
66
25
66
49
113
42
103
754
The large number of adjourned cases is indicative of matters beyond the control of the staff
and does affect case management processes. Efforts are being made to reduce the number of
adjournments through better case management. Prosecution and Defence counsels have
15
been urged to assist in better case management, as it will only lead to a reduction in the time
period a case is active within the case management system.
63.
A key indicator of an efficient judicial system is the “life” of an information or application in
the system. The Ministry is currently collecting and collating the data to this effect. The intent
is to have matters not requiring a Judge disposed in less than 6 months and other matters
within 18 months.
64.
The following table shows the number of persons appearing in court each month for criminal
offences. It also differentiate between first and previous appearances:
Number of persons that appeared before the Court each month
65.
Period
Jul
Aug
Sep
Oct Nov Dec Jan Feb Mar Apr May
Number of persons appearing before the Court
Jun
Total
2013-14
2014-15
2015-16
45
36
47
43
35
34
70
49
45
66
76
44
26
34
45
29
48
63
26
40
31
52
43
80
No. of males
30
44
89
47
52
58
35
29
57
37
45
39
494
531
644
2013-14
2014-15
2015-16
40
30
43
39
32
31
61
41
39
47
65
35
24
30
37
25
38
54
21
34
29
36
38
63
No. of females
26
41
66
42
48
55
31
29
37
36
37
27
426
456
525
2013-14
2014-15
2015-16
5
6
4
4
3
3
9
8
6
19
11
9
2
4
8
5
4
3
4
20
1
8
12
68
75
119
2013-14
2014-15
2015-16
28
19
24
21
16
24
28
21
22
21
31
25
19
19
14
39
18
22
23
23
22
23
22
23
30
29
22
35
39
30
First appearance before the Court
24
24
29
18
26
29
271
273
338
2013-14
2014-15
2015-16
17
17
23
22
19
10
42
28
23
45
45
19
7
11
15
11
5
28
19
19
10
223
258
306
4
5
6
4
10
2
16
3
9
5
17
23
Has previously appeared
10
25
34
12
9
21
1
29
45
12
22
50
25
29
28
The following table set out the area of residence of people appearing before the Court,
compared with previous reporting period.
Reporting
Period
Place of Residence at time of filing information in the Criminal Division of the High Court 2015-16
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Total
214
Te Au o Tonga
2013-14
21
16
36
27
10
12
11
14
10
23
15
19
2014-15
20
20
18
28
29
27
14
23
16
21
20
16
252
2015-16
20
13
14
18
16
33
21
38
38
33
28
19
291
2013-14
13
14
17
18
4
11
7
15
9
7
10
9
134
2014-15
7
7
13
25
14
12
6
20
14
13
5
11
147
2015-16
13
11
15
15
15
12
11
22
25
11
17
12
179
2013-14
10
10
17
21
12
6
6
10
8
17
6
8
131
2014-15
7
8
16
22
8
9
11
9
13
16
4
18
141
2015-16
14
10
14
10
12
16
10
20
25
12
11
7
161
2013-14
1
1
-
-
-
-
1
-
1
-
3
1
8
2014-15
1
-
1
1
-
-
-
-
-
-
-
2
1
1
2015-16
Puaikura
Takitumu
Aitutaki
1
3
1
6
16
Atiu
-
2013-14
2014-15
1
-
-
-
-
-
1
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1
2015-16
-
2013-14
2014-15
2
1
-
-
-
-
-
Mauke
1
-
-
-
-
-
-
-
-
-
-
-
-
1
-
-
2
-
1
-
3
-
-
-
-
-
1
-
1
1
-
2015-16
2013-14
-
-
-
-
-
Mitiaro
-
2014-15
1
-
-
-
-
-
-
-
-
-
-
1
-
1
1
-
-
4
1
1
1
-
-
2015-16
-
2013-14
2014-15
1
-
-
-
Visitors
-
-
1
-
1
-
2
2015-16
-
1
6
66.
The majority of offenders come from the Te Au o Tonga area. This could be as a result of Te
Au o Tonga being the major business district for Rarotonga and where government premises
are located.
67.
The following table set out the age groups of people appearing before the Court:
Age Group
Jul
Aug
Sep
Oct
Nov
Dec
16-20
11
10
11
Male
9
9
10
Female
2
1
1
3
Jan
Feb
Mar
Apr
13
8
10
7
10
7
9
7
1
1
-
2
May
Jun
28
32
9*
16
9
26
22
9
14
6
10
-
2
3
21-30
21
19
23
17
21
32
17
33
35
8
26
18
Male
20
17
19
14
16
26
16
24
27
8
20
12
Female
1
2
4
3
5
6
1
9
8
-
6
6
31-40
9
5
6
7
5
8
10
11
13
20
3
5
Male
8
5
5
6
5
7
8
9
11
19
2
4
Female
1
-
1
1
-
1
2
2
2
1
1
1
41-50
4
3
3
5
6
6
5
2
7
13
5
3
Male
4
3
3
4
5
5
4
1
4
12
4
3
Female
-
-
-
1
1
1
1
1
3
1
1
-
51 >
2
2
-
2
5
7
4
6
2
8
6
4
Male
2
2
-
1
4
7
3
3
2
8
5
2
Female
-
-
-
1
1
-
1
3
-
1
1
2
*includes one juvenile
68.
The following graph highlight the age distribution of those appearing before the court.
17
Ages of those appearing before the Court.
40
35
30
25
20
15
10
5
0
Jul-15
Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16
16-20yrs
21-30yrs
31-40yrs
41-50yrs
51ys
69.
The majority of persons appearing before the Court come from the 16 – 30 age groups. These
are young men and women in their prime. It equates to about 62% of the total number of
person appearing before the Criminal Division of the High Court.
70.
As a Ministry that relies on trading revenue for funding of its operations, the collection of fines
and court costs, particularly court costs, is important in assisting the operations of the
Ministry. In the reporting period the amount of court cost collected in the reporting period is
approximately 68% of the total court cost imposed. The reason for the low collection rate is
attributable to the lack of personnel and transportation in this area.
71.
Further, those who are fined by the Courts are reluctant to pay their fines until served with a
Warrant of Commitment. Unfortunately the Ministry do not have sufficient staff that can be
called from other Divisions to serve Warrant of Commitment hence the need for the
employment of a bailiff within the Court and Tribunal Division to serve and enforce court
orders.
72.
Besides providing support and logistics to the judiciary, the Criminal Division is also
responsible for the management of the Law Trust Account. The Law Trust Account is a trust
account set up to receive and pay out to beneficiaries any reparation or compensation
ordered by the Court.
73.
Like the collection of fines and court costs, this area of the operation of the Division is affected
by the lack of resources. There is a lack of follow up to ensure that those ordered by the Court
to pay compensation do so in accordance with the order of the court. In some instances
people have left the country without complying with court orders.
The Civil Division
18
74.
The Civil Division is staffed by the same group of staff responsible for the operations of the
Criminal Division. Their primary function is to provide support and logistics to the judiciary
and ensure that the Civil Division of the High Court operates in an efficient and effective
manner.
75.
The following table set out the number of civil actions filed in the reporting period compared
with the previous reporting periods:
Period
2013-14
2014-15
2015-16
Total number of civil actions filed in each reporting period
Jul
12
28
17
Aug
6
13
18
Sep
6
19
20
Oct
22
24
12
Nov
15
11
25
Dec
13
7
15
Jan
10
15
12
Feb
12
7
19
Mar
14
12
11
Apr
6
13
12
May
10
14
13
Jun
6
10
15
Total
132
173
189
76.
Like the Criminal Division, there is an increase in the number of actions filed in the Civil Division
of High Court compared to the last reporting period.
77.
The following table set out specific actions filed in the Court with comparison to previous
reporting periods, where possible:
Period
78.
Number of specific actions filed in a reporting period
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Plaint or Claim
Mar
Apr
2012-13
2013-14
2014-15
2015-16
2
2
2
-
2
2
3
1
1
-
2
1
-
1
4
1
-
1
1
1
2
22
2
1
1
2
-
2013-14
2014-15
2015-16
1
-
1
1
1
1
2
1
1
-
1
2
5
1
1
2
Divorce
-
3
-
2012-13
2013-14
2014-15
2015-16
1
1
1
2
2
1
1
2
1
1
4
1
2
2
1
1
3
1
2
1
2
4
1
Custody of Child
2014-15
2015-16
-
1
1
-
1
1
-
1
Non-Molestation
2013-14
2014-15
2015-16
1
2
2
1
2
2
1
2
1
-
1
1
3
3
4
3
3
3
Company Re-instatement
1
-
1
1
3
May
Jun
Total
2
2
1
1
1
1
-
20
21
20
3
1
1
1
3
-
2
-
12
10
10
3
1
1
1
1
-
2
-
1
-
13
11
10
14
1
-
1
3
-
1
-
5
6
-
-
2
-
3
-
6
9
12
The following table set out the total number of actions dealt with by the Court in each month,
including those from previous months and reporting periods.
Total Number of actions heard in the Civil Division of the High Court each month
Status of
action
Jul
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
2013-14 Reporting Period
Apr
May
Jun
Total
13
10
12
14
8
3
6
14
21
13
18
28
2014-15 Reporting Period
6
2
8
10
8
18
6
3
9
132
84
216
13
1
14
14
6
20
10
8
18
173
75
248
Current
Previous
Total
12
10
22
6
7
13
6
7
13
22
22
15
16
31
Current
Previous
Total
28
3
31
13
13
19
16
35
24
2
26
11
15
26
7
5
12
15
2
17
7
7
12
17
29
19
2015-16 Reporting Period
Current
Previous
Total
79.
17
2
19
18
4
22
20
5
25
12
8
20
25
6
31
15
26
41
12
2
14
19
5
24
11
26
37
12
3
15
19
13
32
15
14
29
195
114
309
As raised in previous report, one of the issues facing the Civil Division of the High Court is the
number of cases relating to the offshore industry. The inter-jurisdictional issues surrounding
these cases can be complex and can have an impact on the capacity and capability of the
Ministry and the Judiciary to deal with it. Further, delays in dealing with them are inevitable
as our courts frequently have to await the outcome of overseas courts before dealing with the
cases or vice versa.
The Land Court Division.
80.
The Land Court Division is headed by the Registrar of the High Court supported by a Deputy
Registrar of the Land Division of the High Court, on Rarotonga, and the Deputy Registrars of
the High Court in the Outer Islands.
81.
Beside the Deputy Registrar of the Land Division of the High Court on Rarotonga, there are
two senior clerks and two clerks to support the functions and responsibilities of the Land Court
Division. A key function of the Section is to provide support to the judiciary and to make sure
that the Land Division of the High Court operates in an efficient and effective manner.
82.
In the reporting period the Land Division of the High Court, presided over by a Judge, was
convened during the following times;
83.
Date
Duration
Presiding Judge
17-21 Aug 2015
1 week
Justice Savage
7-11 Sep 2015
5-16 Oct 2015
1 week (Special Sitting)
2 weeks
Justice Isaac
Justice Savage
9-20 May 2016
2 weeks
Justice Isaac
The following table set out the total number of applications received by the Land Division of
the High Court in the reporting period.
Total number of applications received by the Land Division in the reporting period
Period
2013-14
2014-15
2015-16
Jul
58
68
87
Aug
94
80
62
Sep
138
236
70
Oct
32
55
63
Nov
55
89
101
Dec
59
36
33
Jan
95
41
55
Feb
92
78
73
Mar
74
85
229
Apr
78
57
102
May
97
107
84
Jun
60
57
133
Total
932
989
1092
84.
The increase in the number of applications received by the Land Division of the High Court is
as a result of more people trying to secure land either for private or commercial purposes. It
highlight the need for more court sitting days of the Land Division of the High Court presided
by a Judge.
85.
In the reporting period the Land Division of the High Court, presided by a Justice of the Peace,
was convened to address simple applications while serious applications were left for a Judge
to deal with.
20
86.
The following table provides a breakdown of the total number of applications received by the
Land Division of the High Court for lands on Rarotonga, Aitutaki, Mauke, and Atiu in the
reporting period and previous reporting periods.
Period
87.
Aug
2013-14
2014-15
2015-16
46
41
53
48
42
47
77
123
47
27
38
47
43
71
55
45
25
15
2013-14
2014-15
2015-16
12
25
30
42
34
12
58
104
22
5
13
9
10
15
43
14
11
14
11
11
17
Atiu
2013-14
2014-15
2015-16
2
-
4
1
-
3
9
1
3
2
2
2
9
4
1
2
4
Mauke
2013-14
2014-15
2015-16
2
3
3
-
1
1
1
-
Total
46
54
130
43
46
77
68
82
50
41
41
57
639
646
668
12
19
5
27
25
94
31
11
25
29
20
26
18
16
76
269
304
373
2
3
7
5
2
2
-
4
3
1
-
15
31
32
3
1
1
1
1
3
2
-
-
-
9
6
19
80
75
28
55
30
60
Aitutaki
3
3
Jun
5
The majority of applications received by the Land Division are for Rarotonga, Aitutaki and Atiu
lands. This is reflective of the economic activities on those islands.
2012-13
2013-14
2014-15
2015 -16
2012-13
2013-14
2014-15
2015-16
2012-13
2013-14
2014-15
2015-16
2012-13
2013-14
2014-15
2015-16
2012-13
2013-14
2014-15
2015-16
2012-13
2013-14
2014-15
2015-16
88.
Sep
Total number of applications received by the Land Division
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Rarotonga
Jul
Total number of application in regard specific matters received by the Land Division of the High Court
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Total
Succession
24
34
33
40
52
49
72
60
18
21
37
41
481
34
50
68
12
26
29
67
39
16
54
61
32
488
36
48
95
27
19
20
42
35
12
12
53
28
427
45
39
27
31
95
21
38
34
131
33
52
83
629
Occupation Right
7
4
9
8
41
11
9
17
12
11
2
16
147
4
20
14
7
2
8
6
22
12
4
6
5
110
9
10
52
8
4
10
10
13
9
9
14
10
158
15
7
11
3
1
5
10
45
10
11
19
137
Section 390A Review
1
1
2
1
2
3
10
2
1
3
6
2
1
2
2
3
10
1
1
Partitions
4
2
1
1
1
11
1
1
22
3
2
1
3
1
4
14
1
3
2
2
1
1
10
1
3
3
7
Confirmation of resolutions
6
4
1
12
15
6
11
1
9
5
13
9
92
8
2
13
7
7
3
5
14
3
5
8
10
85
7
11
37
1
4
1
7
7
7
13
2
97
11
7
16
12
6
5
8
8
29
32
7
13
154
Ex-parte application to enforce security
2
3
2
1
4
1
2
6
8
2
4
35
3
6
1
2
11
3
1
2
5
3
1
38
2
2
1
1
2
1
2
11
1
1
1
2
1
1
7
The following table compares the total number of applications received in specific matters
compared with previous reporting periods;
21
89.
The following table set out the total number of applications heard by the Court during the
reporting period:
Jul
Aug
Sep
Rarotonga
Aitutaki
Total
-
14
14
6
6
Rarotonga
Aitutaki
Total
-
74
2
-
74
2
Total number of applications heard by the Land Division
Oct
Nov
Dec
Jan
Feb
Mar
Apr
2014-15
176
7
234
2
4
2
368
544
7
234
2
4
2
2015-16
89
6
4
367
No Court sitting in Aitutaki or other Outer Islands.
89
7
234
2
4
367
May
Jun
Total
198
198
177
177
820
368
1,188
143
2
687
143
2
687
90.
As seen in the table above land matters In Aitutaki and on the outer islands are yet to be
addressed. This is a resource issue and the Ministry will continue to seek funding for land court
sittings in the Outer Islands, particularly in the Northern Group 4.
91.
The following table set out the manner in which these applications were dealt with by the
Court.
Decisions
Ordered
Dismissed/Withdrawn
Adjourned
Date to be set
Reserve Decision
Total
How applications were dealt with by the Court
Jul
Aug
Sep
Oct
Nov
Dec
Jan
14
6
429
5
209
7
1
95
1
25
13
14
6
544
7
234
-
Feb
2
2
Mar
3
1
4
Apr
2
2
May
91
7
90
10
198
Jun
139
7
31
177
Total
900
22
243
13
10
1,188
92.
The large number of adjournments are due to no appearance by the applicants and also noncompliance with procedures and processes.
93.
The non-availability of transcripts of previous proceedings is also a factor in the number of
adjournments in the Land Division of the High Court.
94.
In the overall operations of the High Court, the following graph set out the total number of
matters filed with the Court:
4
In the 2012-13 reporting period, the number of outstanding cases in the Northern Group was listed at
paragraph 44, as follows:
(i)
Manihiki 73 – the earliest being filed in 1993
(ii)
Rakahanga 17 – the earliest being filed in 1994
(iii)
Penrhyn 69 – the earliest being filed in 1993
These number have increased as a result of the Renewable Energy Project and need addressing.
22
Total Number of Matters Filed
1200
1092
1000
989
932
800
938
760
699
600
400
200
189
173
132
0
2013-14
2014-15
Criminal Informations
2015-16
Civil Applications
Land Applications
95.
It is evident that the demand for more court days is ever increasing both in the Criminal and
Land Divisions of the High Court.
96.
The following graph set out the total number of matters heard by the court. This include
adjourned matters.
Total Number of Matters heard by the Court
3000
2500
2585
2462
2000
1533
1500
1188
1000
687
637
500
309
248
216
0
2013-14
2014-15
Criminal Informations
97.
2015-16
Land Application
Civil Applications
The drop in the number of land cases heard by the Land Division of the High Court from the
previous reporting period is attributed to the fact that the Land Division did not sit in Aitutaki
during the reporting period and also the Land Division spent more time dealing with
traditional chiefly titles and investigation of titles to land.
Stenographer’s Section.
23
98.
The Stenographers Section is an important part of the operations of the High Court of the
Cook Islands. The Section is responsible for providing to the court and persons appearing
before the court the transcripts of the proceedings. These have to be provided in a timely
manner and all transcripts must be an accurate record of the proceedings. Any delays or errors
in the transcripts can affect the expeditious determination of any case before the court.
99.
The Ministry currently employs two stenographers to transcribe the recordings of proceedings
in the High Court. However as can be seen by the increase in the number of criminal
informations, civil and land applications, the two stenographers are struggling to meet the
demand for timely transcripts. This has an impact on the ability of lawyers to meet the court
deadlines and also provide informed decisions for their clients.
100.
The number of outstanding transcripts date back to 2003. The others are on the For The
Record (FTR) system commencing in 2008. Due to limited resources it is taking time for these
to be transcribed. The Ministry understand the frustration of members of the public who
cannot access transcripts in preparation for land cases.
101.
The lack of funding to employ qualified stenographers affects the ability of the Ministry to
address the problem. Despite repeated requests for funding, funding was not provided5.
The Children’s Court
102.
The Children’s Court is established as a Division of the High Court of the Cook Islands under
section 19 of the Prevention of Juvenile Crimes Act 1968. Its jurisdiction is limited to those
young persons over the age of 14 years and under the age of 16 years.
103.
The following table set out the number of complaints filed in the Children’s Court in the
reporting period compared to previous reporting periods:
Number of complaints filed in the Children’s Court
2012-13
2013-14
2014-15
2015-16
104.
Jul
1
3
-
Aug
13
2
Sep
14
9
4
1
Oct
5
1
8
-
Nov
5
-
Dec
13
1
6
Jan
4
1
1
-
Feb
5
5
3
7
Mar
1
3
1
Apr
21
2
4
2
May
1
16
-
Jun
3
2
-
Total
85
25
37
19
The reduction in the number of complaints filed in the Children’s Court is probably due to the
introduction of Te Koro Akaau process.
Te Koro Akaau
105.
5
As a response to concerns about the number of young person being involved in criminal
activities, the Ministry launched the Koro Akaau (The Enclosure of Resolving Matters). This is
Funding for two stenographers for two years is included in the 2016-17 reporting period.
24
a process within the Children Court, modelled on the New Zealand Pasifica or Rangatahi Court.
It was launched on the 25 September 2015.
106.
A key element of the Koro Akaau concept is the introduction of the Uipaanga Kopu Tangata
(Meeting of the Family). This meeting involves the nuclear and extended families of the child,
the traditional leaders of the village/island, key leaders of the community including church
leaders. The complainant may also involve themselves in this meeting. The underlying
principle is that the community should participate in resolving the complaint.
107.
The main function of the meeting is to discuss the complaint and collectively design an action
plan that will provide the best solution to be followed by the child or young person in
correcting the wrong. The inclusive nature of the process, through the Uipaanga Kopu Tangata
enables the participation of community leaders with the family in resolving the matter. It is
evident form the data collected that the process is providing some positive result.
108.
It has always been envisaged to have the Koro Akaau convened in the Vaka’s rather than the
Court House at Avarua. Unfortunately, due to a lack of resources, the Koro Akaau has not been
able to convene in the Vaka’s. Despite that, some of the processes and philosophy associated
with Te Koro Akaau concept has already been implemented within the operations of the
Children’s Court.
The Coroner’s Court
109.
The Coroner’s Court is a specialist court presided over by a Coroner, appointed under section
2 of the Coroners Act 1979-80. The main function of the Coroner is to “inquire into the manner
of death of any person in any case where this Act requires that the death be reported to the
Coroner”.
110.
The current Coroners on Rarotonga are Mr Nooapii Tearea and Mr John Kenning JP. In the
case of the Outer Islands, Justices of the Peace on the island exercise the functions of the
Coroner.
111.
The following table set out the number of deaths reported to the Coroner in the reporting
period:
Number of deaths
112.
Jul
6
Aug
3
Sep
4
Oct
1
Nov
1
Dec
1
Jan
2
Feb
2
Mar
3
Apr
1
May
4
Jun
1
Total
29
In the reporting period the Coroner, upon application, authorised the burials at sea. This has
created some concern within the community. This may be a matter to be addressed by the
government.
Tribunals
(a).
Leases Approval Tribunal (“LAT”)
25
113.
The Leases Approval Tribunal (“LAT”), is established under section 4 of the Leases Restrictions
Act 1976. Its main function is to “consider applications for approval of leases, assignment of
leases, and subleases and to grant its approval in any case where it is satisfied that the criteria
for such approval have been satisfied or met.”
114.
In the reporting period, the LAT dealt with the following number of applications:
Type of Lease
Residential
Commercial
TOTAL
115.
Jul
32
14
46
Number of Applications received by the Leases Approval Tribunal 2015-16
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
22
31
36
28
10
20
38
46
24
37
4
7
11
2
6
6
12
5
4
1
26
38
47
30
16
26
40
51
28
38
Aug
19
3
22
Total
343
75
418
The following table set out a comparison with previous reporting periods:
Type of Lease
2013-14
2014-15
2015-16
2013-14
2014-15
2015-16
Number of Applications received by the Leases Approval Tribunal
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Residential Leases
24
20
24
20
25
15
33
20
8
7
27
24
33
42
17
16
16
15
26
13
33
32
32
19
22
31
36
28
10
20
38
46
24
Commercial Leases
15
10
10
8
8
12
2
6
10
3
4
5
6
7
1
5
3
2
8
7
3
3
14
3
4
7
11
2
6
6
12
5
4
Total
Jun
13
20
37
236
287
343
3
3
1
91
53
75
116.
There is an increase in the number of residential application compared to the last reporting
period. There is also a drop in the number of commercial applications as well.
117.
The following table set out the number of applications based on the gender status of
applicant/s:
Type of Lease
Female
Male
Joint
Business
TOTAL
Jul
11
9
13
13
46
Number of Applications received by the Leases Approval Tribunal 2015-16
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
5
10
9
10
3
7
18
20
11
15
5
5
16
6
4
7
15
13
5
14
12
16
11
12
3
6
7
12
8
8
4
7
11
2
6
6
10
6
4
1
26
38
47
30
16
26
50
51
28
38
Aug
4
3
11
4
22
Total
123
102
119
74
418
118.
There are more joint applications than individual applicants. It should be noted that of the
individual applicants, there are more females than males.
119.
The following table set out the specific applications received by the LAT
Feb
Mar
1
14
5
1
4
1
10
3
12
5
9
6
21
19
23
7
17
4
5
9
6
1
22
2
7
18
2
26
1
9
23
6
12
2
13
17
6
Total
Jan
11
Jun
Dec
1
11
May
Nov
6
Apr
Oct
4
11
3
15
12
Sep
Extension and Variation
Lease
Sublease
Assignment
Deed of Mortgage
Deed of Easement
Deed of Cancellation
Aug
Number of Applications Received by the Leases Approval Tribunal 2015-16
Jul
Type of Application
26
Deed of Surrender
Sublease or Assign
Sale & Purchase
TOTAL
120.
1
45
21
26
38
57
19
2
16
26
50
51
28
38
The following table set out how these applications were dealt with by the LAT.
Total Applications
Approved
Withdrawn/Dismissed
Adjourned
Jul
46
45
Aug
22
21
1
1
Sep
26
26
How applications were dealt with by LAT 2015-16
Oct
Nov
Dec
Jan
Feb
Mar
Apr
38
47
30
16
26
50
51
38
43
28
16
25
49
51
1
1
1
3
2
May
28
25
Jun
38
23
Total
3
121.
It is an essential requirement of the LAT process that before a lease application is submitted
that it be accompanied by a resolution of a Meeting of Assemble Owners.
122.
The following table set out the number of MOAO meetings convened during the reporting
period.
Rarotonga
Aitutaki
Atiu
Mauke
TOTAL
Jul
15
2
Aug
13
1
Sep
13
1
17
14
1
15
Number of Meeting of Assembled Owners 2015-16
Oct
Nov
Dec
Jan
Feb
Mar
Apr
22
6
13
13
20
12
20
2
2
1
1
1
1
1
24
7
13
16
22
13
20
May
27
3
1
31
Jun
32
2
Total
1
35
123.
As stated earlier the large number of MOAO on Rarotonga indicative of the number of land
activities on Rarotonga compared to the other islands.
(b)
Land Agents Registration Board (“LARB”)
124.
The LARB was established under Land Agents Registration Act 2009. Its members are
appointed under section 3 of that Act. Its main function is to “consider applications for
registration as Land Agent for the purpose of appearing in the Land Division of the High Court
as an advocate or representative of any other person”.
125.
In the reporting period the LARB renewed the licences of four Land Agents on Rarotonga and
one on Aitutaki.
Land Information Division
126.
The Land Information Division is responsible for the delivery of Output 2 of the Ministry. Its
major responsibility is to ensure the accuracy of information regarding the Register of Land
Titles, Unclaimed Monies and Land Survey Information. The Division is split into three
sections; Land Titles, Land Trust, and Survey.
Land Titles (“ROLT”) Section
27
127.
The Land Titles Section is responsible for the management of the Register of Land Titles
(“ROLT”). These includes ensuring that all entries onto the ROLT are accurate and are in a
timely manner. With the exception of the islands of Pukapuka, Mangaia and Mitiaro, these
entries form the basis for any investigation into the availability of lands in the Cook Islands.
128.
The Ministry has, in the past, sought funding to ensure the accuracy and timelines of entries
onto the ROLT. This has not been forthcoming until recently. Funding for the engagement of
three clerks for two years will be available in the 2016-17 financial year.
129.
The following table shows the number of court decisions received by the Land Titles Section
for entry onto the ROLT.
2012-13
2013-14
2014-15
2015-16
2012-13
2013-14
2014-15
2015-16
2012-13
2013-14
2014-15
2015-16
Jul
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Total number of Court orders, decisions, and Deeds received for entry onto the ELROT
10
67
65
72
57
20
75
189
73
152
127
139
56
52
54
117
37
290
370
33
272
250
68
63
40
207
46
55
166
9
31
149
57
13
26
42
39
34
71
7
92
118
7
4
Total number of land parcels affected by the orders, decisions and deeds
266
249
130
260
76
95
304
356
226
501
567
353
159
111
146
132
62
261
167
29
908
370
228
211
162
319
49
68
122
9
81
154
66
348
2193
283
55
77
212
87
128
300
219
233
Total number of landowners affected by the orders, decisions, and deeds
752
959
418 1301
595
651 1786 3646
859 2842 4127
1925
354
491
608 1244
377 1825 1145 1005 3689 2602
1152
1786
848 1353
58
144
513
0
156
599 2316
775 10269
955
445
16
356
183
110
752
804 1138
Jun
Total
92
43
67
140
1090
1710
958
593
264
98
367
426
3294
2796
1836
4561
2120
484
4860
1824
20056
15280
13785
17627
130.
While the number of applications or decision received by the ROLT section is less than
previous years, the number of entries has actually increased. In the last reporting period the
number of applications/decisions received by the Titles Section form the Land Division of the
High Court was 958, the total number of lands affected was 1,836 and 13,785 landowners,
131.
In the reporting period, the number of land affected was 4,561 and 17,627 landowners, a total
of 22,188 entries. An increase of 6,567 entries on top of the last reporting period.
132.
In order to address the timeliness issue, the Ministry had reviewed its processes to minimise
the time taken from when the court made a decision and the time the effect of the decision
is entered onto the ROLT. This has resulted in the Land Court Division being responsible for
the preparation, signing and sealing of court orders before the files are transferred to the Land
Titles Section for entry on the ROLT. The Land Titles Section focus more on entries onto the
ROLT and are relieved of preparing, signing and sealing court orders.
133.
The following table set out a comparison of the current period with the previous period in
regards to certain documents registered with the Land Titles Section.
Period
Jul
Aug
Sep
Oct
2013-14
2014-15
2015-16
12
1
14
6
4
5
2
2
9
4
4
1
2013-14
10
9
10
5
Number of Documents Registered
Dec
Jan
Feb
Mar
Deed of Lease
3
2
4
3
13
9
9
3
3
5
1
9
8
7
Deed of Mortgage
8
13
1
2
8
Nov
Total
Apr
May
Jun
4
4
4
6
6
3
4
16
49
56
85
9
5
1
81
28
2014-15
2015-16
4
15
2
15
7
13
13
6
7
4
2013-14
2014-15
2015-16
18
9
18
5
9
16
8
3
9
7
8
6
6
10
4
2013-14
2014-15
2015-16
11
2
9
4
1
3
7
2
7
4
5
3
3
5
8
16
8
1
40
13
5
Discharge Mortgage
8
2
1
9
8
2
31
17
3
Assignment of Lease
6
1
6
3
1
6
9
4
7
15
1
7
12
5
8
15
86
153
4
8
13
16
2
5
2
10
3
6
7
13
83
85
138
4
6
10
9
1
7
6
1
2
2
7
58
39
68
134.
It is evident that there is an increase in the number of Deed of Leases, Deed of Mortgages,
and Discharge of Mortgages registered with the section.
135.
It is important, not only for the Ministry but for the Cook islands, that the ROLT is updated.
The necessary resources must be provided. With the number of development project being
implemented in the Cook Islands, an updated and accurate ROLT is important.
Land Trust Section
136.
Section 492 of the Cook Islands Act 1915 provides that “unless in any case the Court otherwise
directs, all proceeds derived from any alienation of Native land confirmed by the Court after
the commencement of this section shall be paid into [[the Land Court]]”.
137.
The following table set out the number of monies receipted by the Land Trust Section in the
reporting period. The commission’s paid forms part of the trading revenues of the Ministry.
Month
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
TOTAL
138.
Total number of receipts
34
106
46
28
43
27
41
37
57
29
45
44
537
Total Rental
Amount
58,496.10
835,273.13
127,746.71
69,973.00
66,869.64
55,504.72
70,225.65
57,147.92
119,389.08
134,753.97
109,968.69
88,562.47
1,793,911.08
Commission
2,746.89
7,669.27
6,385.47
3,046.71
3,626.18
2,891.36
3,441.29
2,827.65
5,352.34
6,644.68
5,510.02
4,686.12
54,827.98
Bank Fees
10.00
15.00
25.00
Total Amount
Received
61,242.99
842,942.40
134,132.18
73,019.71
70,495.82
58,396.08
73,666.94
59,975.57
124,751.42
141,398.65
115,478.71
93,263.59
1,848,764.06
As can be seen form the above table, the total amount of monies received by the Land Trust
Account in the reporting period was $1,848,764.06. As will be seen in the following table the
total amount paid out is out is $1,090,114.24. The left over sum of $758,649.82 is still retained
in the Land Trust Fund and capable of being claimed by landowners. If it is unclaimed within
3 years, it is then paid to MFEM as unclaimed monies. The landowners can still claim for the
monies if they can prove their entitlement to the money.
Month
Jul
Aug
Sep
Oct
No of cheques issued
44
44
36
57
Total Amount Paid
310,472.45
64,872.11
37,911.37
55,758.07
29
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
TOTAL
139.
55
44
40
28
49
49
46
35
527
71,253.68
256,124.27
48,718.76
42,214.24
55,810.63
66,222.83
39,857.62
40,898.21
1,090,114.24
The following graph set out the number of monies received by the Land Trust Section over the
years:
Number of Receipts and Payment over 4 years
2,000,000.00
1,848,764.06
1,800,000.00
1,600,000.00
1,400,000.00
1,394,405
1,200,000.00
800,000.00
600,000.00
1,090,114.24
1,064,434.44
1,000,000.00
748,162.77
926,719.36
795,611.74
422,110.70
400,000.00
200,000.00
0.00
2012-13
2013-14
Receipts
2014-15
2015-16
Payments
140.
Beside the receipt and payment of monies from the Land Trust Fund, the Land Trust Section
is also responsible for the management of the unclaimed monies in the Land Trust Fund. It is
to ensure that unclaimed monies are paid to the Ministry of Finance and Economic
Management (“MFEM”) on a timely basis in accordance with the Ministry of Finance and
Economic Management Act 1996 and the Unclaimed Monies Act 1970.
141.
Due to lack of resources, the Ministry were unable to pay any of the unclaimed monies to
MFEM.
The Land Survey Section
142.
The Land Survey Section is headed by the Chief Surveyor. The Chief Surveyor is supported by
two other staff, the Geographical Information System and Cadastral Manager, and the
Cadastral Clerk
30
143.
The following table set out the work of the Land Survey Section in the reporting period,
compared to the previous reporting period;
Period
July
Aug
Sept
2013-14
2014-15
2015-16
9
15
4
6
2
14
25
2
17
2013-14
2014-15
2015-16
4
3
8
7
9
7
5
5
6
2013-14
2014-15
2015-16
10
1
1
2
7
2
2
2013-14
2014-15
2015-16
1
1
1
1
1
1
1
-
2013-14
2014-15
2015-16
24
18
17
15
12
57
38
13
32
Number of incidents recorded by the Land Survey Section.
Oct
Nov
Dec
Jan
Feb
Mar
Apr
Plans Examined
11
3
17
1
8
22
15
7
7
5
19
9
13
3
4
9
8
10
7
8
10
Plans drawn by Land Survey Section
21
7
7
10
7
5
15
8
14
10
10
7
12
8
6
14
12
19
23
13
8
PDF file copies
6
3
4
4
2
4
10
1
6
1
3
3
2
1
1
8
2
Photocopies
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
Inquiries
39
14
25
16
20
30
35
33
22
19
42
25
35
19
22
28
25
36
46
41
32
May
Jun
Total
7
5
16
7
7
22
131
94
129
21
7
18
21
7
15
130
100
149
2
2
1
2
4
1
45
29
24
1
1
1
1
1
1
12
10
12
31
23
5
31
25
48
318
286
389
144.
The ability of the Survey Section is affected by the lack of resources. The Section does not have
a transport and also surveying equipments. It relies on the goodwill of the Chief Surveyor and
other Private Surveyors for the use of their equipments to verify land survey information.
145.
There is a need to equip the Land Survey Section with proper survey equipments and an
appropriate transport.
146.
There is a need to link the land survey information with the ROLT so that it becomes a hub of
information on land in the Cook Islands. This can only happen with sufficient resources.
The Registry Division:
147.
The Registry Division is primarily responsible for the management of key Registers managed
by the Ministry. The Division is divided into two sections. The Births, Deaths and Marriages
Registers Section (BDM Section) and the Companies and Incorporated Societies Registers
Section (Companies Section).
148.
The Division is currently headed by the Registrar of the High Court and supported by a Deputy
Registrar of Births, Deaths, Marriages, Companies, and Incorporated Societies. The same
Deputy Registrar also performed the functions of a Deputy Registrar of the High Court.
149.
The Secretary of Justice is the Registrar-General and Chief Registrar of Electors.
Births, Deaths, and Marriages Registers Section (“BDM Section):
150.
The functions and responsibilities of the BDM Section is to ensure that all births, deaths, and
marriages in the Cook Islands are correctly registered into their respective registers in
31
accordance with the Birth and Registration Act 1973 and the Marriage Act 1973. Not only must
they be recorded but also to ensure that any errors and mistakes are eliminated or corrected
in a timely manner.
151.
The following table set out the total number of Births, Deaths, and Marriages reported to the
BDM Section for registration on each island during the reporting period.
Island
Rarotonga
Aitutaki
Mangaia
Atiu
Mauke
Mitiaro
Manihiki
Rakahanga
Penrhyn
Palmerston
Pukapuka
Nassau
TOTAL
Legend:
Number of Births, Deaths & Marriages recorded in the reporting period
Births
Deaths
Marriages
M
F
Total
M
F
Total
R
V
Total
100
109
209
48
24
72
63
549
612
8
2
10
12
9
21
14
16
30
6
5
11
2
2
3
3
6
1
1
2
1
3
3
3
6
2
2
1
1
4
1
5
2
2
3
3
110
113
223
81
48
129
79
565
644
M = Male, F = Female, R = Resident, V = Visitor.
152.
As noted above the majority of births takes place on Rarotonga. The small number of births in
the outer islands is attributed to a Ministry of Health policy where new mothers are referred
to Rarotonga for monitoring during the period leading to giving birth.
153.
It should also be noted that the majority of marriages is between visitors to the Cook Islands.
As can be seen in the following table, this number is dropping and will impact the trading
revenue of the Ministry.
154.
The following table set out a comparison with previous reporting periods of the number of
Births, Deaths, and Marriages reported to the BDM Section. It breaks the information
according to gender, and in the case of marriages, it breaks it into resident and visitors.
Reporting Period
2012-13
2013-14
2014-15
2015-16
155.
M
141
120
112
110
Births
F
132
112
121
113
Total
273
232
233
223
M
66
89
63
81
Deaths
F
46
49
50
48
Total
112
138
113
129
R
43
70
75
79
Marriages
V
Total
752
795
670
740
664
739
565
644
The same information is illustrated in the following graph.
32
Number of Births, Deaths & Marriages Reported
900
795
800
740
739
700
644
600
500
400
300
273
200
233
232
138
112
223
113
129
2014-15
2015-16
100
0
2012-13
2013-14
Births
156.
Deaths
Marriages
The following graph provides the total number of marriage and the split between resident and
visitors marriages;
Number of Marriages.
900
800
795
752
740
739
670
700
664
644
565
600
500
400
300
200
100
79
75
70
43
0
2012-13
2013-14
Total Number of Marriages
157.
2014-15
Visitors
2015-16
Residents
The following table shows the number of Births, Deaths, and Marriages certificate issued in
the reporting period. It also provides a comparison with the two previous reporting periods:
Period
2012-13
2013-14
2014-15
2015-16
Total number of Birth, Death and Marriage certificates issued in the reporting period.
Jul
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
Birth Certificates
285
350
229
266
275
230
343
277
245
282
279
313
241
280
316
238
399
387
295
237
201
166
146
175
163
195
227
122
224
119
128
239
217
207
208
192
275
228
233
254
May
Jun
Total
269
205
93
216
239
145
132
214
3290
3335
1963
2611
33
2012-13
2013-14
2014-15
2015-16
50
64
25
15
57
31
17
24
39
37
36
40
23
22
20
47
35
45
14
54
2012-13
2013-14
2014-15
2015-16
85
74
67
39
117
99
39
65
108
103
70
81
97
92
68
115
101
95
45
70
Death Certificates
45
37
41
34
65
26
17
22
34
28
37
34
Marriage Certificates
70
74
72
61
73
60
39
42
47
44
75
76
34
65
15
40
37
47
17
32
42
30
16
30
24
14
21
50
464
480
254
431
79
76
32
72
89
82
41
58
116
79
41
73
77
47
69
79
1085
941
600
847
158.
It is clear from the table above, that the number of certificates issued by the Ministry is
declining, this will have an impact on the ability of the Ministry to reach its trading revenue
targets.
159.
It should be noted that the Ministry is in negotiation with the Family Search organisation, an
organisation associated with the Church of Latter Day Saints, to enable the transformation of
historical records on microfilms onto a digital platform6. If successful, it will enable members
of the public to access historical records on the Ministry website and that of Family Search.
The issuing of official and certified copies will still be undertaken by the Ministry.
160.
The Ministry is also in negotiation with the Ministry of Internal Affairs (NZ) for the exchange
of death and name change information between the two registries7. Currently, if a Cook
Islander born in the Cook Islands dies or change his/name while in New Zealand, those
information is not shared with the Ministry. This leave a “hole” in that person’s record on the
Registry, and where the person dies, that fact is not recorded on his record with the Ministry.
The negotiated agreement will enable the receipt of death or name change information by
the Ministry and the entry of those information onto the registry to complete the information.
The Company and Incorporated Societies Registers Section (“Companies Section”)
161.
The functions and responsibilities of the Company Section is to ensure that all companies and
incorporated societies operating in the Cook Islands do so in compliance with the provisions
of the Companies Act 1970-71 and the Incorporated Societies Act 1994.
162.
The following table shows the work of the section in ensuring compliance by companies with
the provisions of the Companies Act in the reporting period.
Approval of Name
New Registration
Annual Registration paid
Charges
Satisfaction of Charge
Registration of Chattels
Satisfaction/Renewal of
Chattels
Penalty Fees Imposed
Searches
Jul
9
3
78
5
2
12
2
Aug
11
6
28
4
4
20
1
Sept
7
7
26
3
1
25
5
Oct
8
6
12
9
3
7
3
Nov
9
9
3
1
12
1
Dec
4
4
2
3
4
16
1
Jan
11
7
10
15
2
Feb
13
12
8
1
27
1
Mar
15
16
25
6
2
8
3
Apr
15
11
142
2
4
2
1
May
15
13
224
1
15
2
Jun
7
4
239
3
1
28
4
Total
124
98
797
38
21
187
26
2
10
4
10
6
1
6
5
20
2
3
14
1
13
6
6
10
8
4
10
30
111
6
The Agreement was signed in September 2016, and work has started on transferring historical land, birth,
death and marriage records onto a digital platform.
7
The Agreement was signed in September 2016.
34
163.
164.
The following table shows the number of new registered companies, compared with previous
reporting periods. It also shows the number of companies that renewed their registrations.
Jul
Aug
Sept
2012-13
2013-14
2014-15
2015-16
6
7
3
4
7
8
6
7
3
9
7
8
2012-13
2013-14
2014-15
2015-16
66
111
78
77
65
32
28
20
28
21
26
42
Oct
Nov
Dec
Jan
Feb
Mar
Apr
New Companies Registered in the reporting period
7
6
7
4
8
9
5
8
9
7
8
10
6
5
6
9
4
7
12
16
11
7
10
10
4
9
9
4
Companies that renewed registrations in the same period
22
3
1
11
13
38
212
27
6
9
9
13
16
144
12
3
2
10
8
25
142
35
14
6
6
13
15
139
May
Jun
Total
4
3
13
15
5
8
4
5
71
88
98
92
240
249
224
223
170
239
239
190
869
876
797
780
The following table is provided to highlight the participation of women in economic activities
in the Cook Islands. As can be seen there is a significant number of women involved in
business, either as Directors, Secretary’s, or Shareholders.
Directors
Secretary
Shareholders
Total
31
34
65
85
110
195
73
107
180
196
235
431
117
80
197
264
238
502
107
78
185
238
207
445
2012-13
Male
Female
Total
24
41
65
30
35
65
Male
Female
Total
62
104
166
61
24
85
Male
Female
Total
119
98
217
28
60
88
Male
Female
Total
106
65
171
25
64
89
2013-2014
2014 -2015
2015-16
165.
The Ministry is currently engaged in a project to introduce an online company’s register. This
project is funded by the ADB and the New Zealand ODA fund. It is hoped that a new Companies
Act, a new Personal Property Securities Act (a first for the Cook Islands) and amendments to
the Incorporated Societies Act, will be passed in the next reporting period to enable work on
an online companies and incorporated society’s registry to begin.
166.
The number of new Incorporated Societies registered during the reporting period is 17, less
4 from the previous reporting periods 21.
Prison Service
167.
The Prison Service Division is primarily responsible for the administration of the Arorangi
Prison. The Division is broken into two main sections, Security Section, and the Support
Services Section. Its functions and responsibilities are set out in the Prisons Act 1967.
168.
The Division is headed by the Superintendent of Prisons and supported by 20 prison officers.
35
Security Section:
169.
The Security Section is primarily responsible for the safety of inmates and those remanded
into custody. It is also responsible for the safety of prison officers and members of the public
when visiting or interacting with inmates. This requires a 24/7 presence in monitoring
inmates, prison staff and visitors to the prison facility. The 24/7 presence is provided through
three shifts; 7.00am – 3.00pm, 3.00pm – 11.00pm, and 11.00pm – 7.00am.
170.
Besides providing a 24/7 within and around the Arorangi Prison, the Security Section is also
required for escorting inmates either to the hospital or courthouse when required. These
escort duties can compromise the ability of the Security Section, be reducing the number of
staff available within and around the Arorangi Prison.
171.
One of the ongoing issue with the Security Section is the number of staff on each shifts. Ideally
three staff will required, while one may be called for escort duties, two other staff will provide
security. However, should another escort requests arises, off duty staff are recalled to cover
any shortfall in the number of staff rostered for duty.
172.
This lack of staff affected the ability of the Prison Services to provide and deliver programs to
assist in the rehabilitation and reintegration of inmates. It also affects the Prison Services
ability to meet and exceed its trading revenue targets.
173.
At current staff levels, of two staff on each shift, there is a need to employ another five (5)
prison officers to ensure that there are 3 staff on each shift. This is particularly important for
the Late and Night Shifts where the administration staff have gone home and at most time
only two staff are on the shift. This matter have been raised in the past years but unfortunately
funding has not been provided.
174.
Another ongoing issue is the number of prisoners experiencing mental problems have
increased over the years. Discussions have been entered into with the Ministry of Health,
however due to the lack of facility on the island, the Arorangi Prison is deemed to be a much
safer place for people suffering from some mental condition. This actually affects prison
officers that are not trained medical officers in the performance of their functions and also
their personal safety.
175.
As raised in previous report this is a concern as to the safety of the inmates and also the Prison
Wardens and visitors to the prison facility. There is a need for this issue to be addressed.
176.
Listed below is the hours of shifts needed for the 24/7 coverage of the prison:
(i)
(ii)
(iii)
(iv)
Early Shift
Late Shift
Night Shift
Reserve Shift
0730hrs
1530hrs
2330hrs
0730hrs
-
1530hrs
2330hrs
0730hrs
1530hrs
(7.30am – 3.30pm)
(3.30pm – 11.30pm)
(11.30pm – 7.30am)
(7.30am – 3.30pm)
36
177.
Despite the limited number of prison officers in the Security Section, there were no breach of
security8 in the reporting period.
178.
The following table shows the total number of persons in custody on a monthly basis.
Gender
Jul
Aug
Sept
Oct
Male
Female
29
03
29
01
30
1
28
1
Male
Female
Total
07
0
39
6
1
37
9
2
42
9
1
39
Total number of persons in prison
July 2015 –June 2016
Nov
Dec
Jan
Feb
Sentenced to imprisonment
27
29
28
30
1
1
1
1
On remand in custody
12
17
6
17
1
1
1
1
41
48
36
49
Mar
Apr
May
Jun
31
3
32
3
33
3
37
4
16
1
51
13
1
49
9
0
45
6
1
48
179.
The prison population is dominated by males, both in the number of those sentenced to prison
and those remanded in custody.
180.
The following table is a comparison of the total number of person in prison on a monthly basis
with previous reporting periods:
181.
Gender
Jul
Aug
Sept
Oct
Male
Female
TOTAL
30
4
34
30
4
34
34
3
37
34
3
37
Male
Female
TOTAL
34
1
35
35
1
36
41
2
43
43
2
45
Male
Female
TOTAL
37
0
37
33
0
33
36
1
37
36
1
37
Male
Female
TOTAL
35
4
39
35
2
37
39
3
42
37
2
39
Total Number of Persons in Prison
Nov
Dec
Jan
Feb
2012-13 Reporting Period
34
45
38
41
3
2
1
1
37
47
39
42
2013-14 Reporting Period
46
42
39
40
2
1
1
1
48
43
40
41
2014-15 Reporting Period
40
38
38
38
2
2
1
2
42
40
39
40
2015-16 Reporting Period
39
46
34
47
2
2
2
2
41
48
36
49
Mar
Apr
May
Jun
39
1
40
45
1
46
32
1
33
32
1
33
35
35
35
35
34
34
38
38
37
3
40
39
3
42
35
3
38
34
3
37
47
4
51
45
4
49
42
3
45
43
5
48
The following graph shows the number of inmates inside the prison for the last four reporting
period.
8
The breach of security occurred in July 2016 where three inmates escape from custody but was captured
within 18 hours of escaping.
37
Total Number of Inmates
60
50
40
30
20
10
0
Jul-15
Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16
2012-13
2013-14
2014-15
2015-16
182.
It is evident from the above table that the total number of inmates inside the Prison each
month is between 30 to 50 inmates. This is important to note as the Prison budget over the
years caters for only 20 inmates. Despite repeated requests, financial human resources
support were not forthcoming and it has placed a lot of pressure on the Ministry to ensure
that inmates are well looked after in accordance with national and international standards.
183.
The following table show the number of persons received by the Prison on a monthly basis,
showing whether the inmate is in for the first time or have previously been inside the prison:
Gender
Jul
Number of Persons received on a monthly basis and their status.
2015 -2016
Sept Oct
Nov
Dec
Jan
Feb
Mar Apr
May
Total Monthly Admissions.
8
8
6
12
2
15
15
7
9
First Time in Prison.
1
2
2
2
3
3
1
1
1
2
2
2
2
3
4
1
Had previously been in prison.
7
8
5
12
2
14
13
7
9
1
0
1
2
8
8
6
13
2
14
15
7
9
Aug
Total
7
3
Male
Females
Total
2
1
3
2
2
Male
Female
Total
6
1
7
2
1
3
Jun
Total
16
108
2
2
19
05
23
14
2
16-
99
9
108
184.
The number of first time inmates is higher than that of those returning to prison. It equates
to 61.90% of the total number of new admissions in the reporting period. As the table clearly
shows an overwhelming majority of them are males.
185.
The following table shows the breakdown in age group of those in prison:
2015 - 16
16-20
Male
Female
21-30
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
7
1
6
1
5
2
6
1
8
1
9
1
4
1
12
1
11
1
8
1
8
0
6
0
Total
90
11
38
Male
Female
31-40
Male
Female
41-50
Male
Female
51 -60
Male
Female
60 >
Male
Female
Total Inmates
186.
13
3
14
1
16
1
15
1
17
1
20
1
16
1
18
1
19
3
20
3
16
3
20
5
204
24
10
0
12
0
12
0
13
0
11
0
15
0
11
0
13
0
12
0
13
0
12
0
12
0
146
0
2
0
2
0
2
0
2
0
2
0
2
0
2
0
2
0
2
0
3
0
3
0
3
0
27
0
1
0
1
0
1
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
1
0
1
0
6
0
0
0
37
0
0
37
0
0
39
0
0
38
0
0
40
0
0
48
0
0
35
0
0
48
0
0
48
0
0
48
0
0
43
0
0
47
0
0
508
It is evident from the table above that the highest number of persons in prison are from the
16 - 30 age groups.
Support Services Section:
187.
The Support Services Section is responsible for the development of programmes and activities
design for the rehabilitation and reintegration of inmates back into the community. It is also
responsible for the livestock and agricultural activities of the Prison, to minimise the food bill
and operational costs of the Prison.
188.
These programs are developed with the help of government, non-government, religious, and
civil society agencies.
189.
In the reporting period the following activities were recorded:
Dates
Activity
Provider
Duration
Participants
8 – staff and
inmate
Three (3) Officers
4
Sep 2015
Crafting and Margoting
Ministry of Agriculture
1 week
Jan 2016
Mar 2016
Workshop: mental counselling
Art Class
Ministry of Health
Lealau
3 days
8days
May 2016
Agriculture Organic Workshop
Ministry Of Agriculture
5days
8 – inmates
3 - Officers
June 2016
Mental Health Workshop
Jun 2016
MFEM workshop
Rotaianga & Ministry of
Health
Arorangi Prison
Jun 2016
Mental Depression
Kiwi Comedian Mike King
2 hours
Inmates & Officers
Jun 2016
Mural Opening ceremony
Prison Service
6 weeks program
5 - inmates
Jun 2016
law student from Australia
Mrs. Danielle Whyte
three (3) weeks
Prison Service
2days
13
two (2) days
16 Officers
190.
The Section is also responsible for the implementation of two work programs designed to
assist the inmates and the prison as a whole, namely the Work Scheme and the Work-gang
Scheme.
191.
The work scheme program is designed to help inmates obtain funds for themselves and ease
the financial burden on their families. It is also design to help secure employment for the
inmates after release from prison and his/her re-integration back into the community.
39
192.
Under the work-scheme, an inmate is hired by the hirer at the rate of $30.00 a day. This money
is split 60/40 between the Ministry and the inmate. The inmate’s share of 40% is paid into
his/her account which is managed by the Administration Section of the Prison.
193.
In the reporting period the number of inmates released on the work-scheme each month is
set out in the table below:
Total number of inmates:
No. on released on workscheme
Jul
39
Aug
37
Sept
42
Oct
39
Nov
41
Dec
48
Jan
36
Feb
50
Mar
51
Apr
49
May
45
Jun
48
Total
525
15
13
15
12
12
13
14
14
14
11
14
13
160
194.
As seen from the above table, the number of inmates released on the work-scheme program
in the reporting period equates to 30.5% of the total number of inmates in prison. This number
can be increased to around 60% of the total inmates in prison, but due to a lack of prison
officers available to escort and provide security to inmates released on the work scheme
program, this cannot be done. The low number of inmate released on the work scheme also
affects the ability of the prison to become self-sufficient.
195.
An important result of the work scheme program is that it enables the Support Services
Section to secure employment for inmates upon their release from prison. It also encourages
inmates to set up themselves upon their release from prison. In the reporting period the
following table set out the number of inmates who had jobs on their release from prison.
Type of Work
Arborist
Lawn Maintenance
Building
Building Contractor
Panel beating
Accounts
Employer
Baker Tree Services
Lawn Rangers Ltd
Eagle Construction
Dani Mussel
Bim Kavakura
P Heather Contractors Ltd
No of Inmates
2
2
1
1
1
1
196.
The Ministry is grateful to employers who have provided employment for the released
inmates.
197.
The work-gang program is designed to assist the prison in meeting its obligations to the
inmates particularly in providing wholesome meals for the inmates. The work gang program
is provided for those who are not on the work scheme program and requires more supervision
and assessment by Prison Officers. It is part of the program that, depending on the number
involved, a prison officer escorts and provides security for those inmates involved in
completing the work.
198.
Since its introduction the Prison Services has not purchased meat for the prisoners as these
are “paid” by those who used the scheme. Also other “needs” – like paints, timber, cements,
as seen in paragraph 194 below – are met through this scheme. The scheme also provide the
opportunity for inmates to integrate into the community as part of the rehabilitation and
reintegration into the community.
40
199.
Under the scheme, a request for assistance is sent to the Superintendent of Prison who then
refers the matter to the head of the Support Services Section. An assessment of the work is
made, taking into account the magnitude and timeline available for completion of the task.
200.
A decision is then made to have the work performed either by a work-gang or by those on the
work scheme program. This normally depends on the magnitude of the work involved and
the timeline for completion.
201.
Where it is decided that the work should be performed under the work gang program, an
invoice is presented to the hirer advising of the costs involved. The following table set out the
number of projects completed in the reporting period.
Type of work
202.
Number of Work Gang Project completed during the reporting period.
2015 -2016
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Total Work Gangs Completed
1
14
22
6
18
7
5
11
28
19
20
37
Taro Patches
0
8
16
4
9
4
1
6
11
5
3
11
Section Cleaning
0
4
4
1
3
1
1
2
15
13
13
16
Renovation Work
0
1
1
0
1
0
1
0
0
0
0
2
Catering
0
0
0
0
0
0
0
1
0
0
0
0
CIIC
0
0
0
0
0
0
0
0
1
1
0
0
Edgewater Resort
0
0
0
0
4
2
2
0
0
0
2
4
Trenching
0
1
0
0
0
0
0
0
0
0
0
0
Vaka Projects-TMN
1
0
0
0
0
0
0
0
0
0
0
0
Plantation
0
0
1
0
1
0
2
2
1
1
1
4
Pig slaughter
0
0
0
0
0
0
0
0
0
0
1
0
Collecting W/wares
0
0
0
1
0
0
0
0
0
0
0
0
Fish Devan
0
0
0
1
0
0
0
0
0
0
0
0
As sated earlier, payment for the work is normally in the form of foodstuff or other things that
the Prison Service required. The following table shows the “payments” received for work gang
projects.
Description
Quantity
Approximate Costs
Foodstuff
Sausages
Chicken L/Quarters
Off-cuts Chops
Lamb Chops
Corned Beef
Rice
Noodles ctn
Ice Cream
Potatoes
Onions
Taro
3
83
4
7
1
3
4
1
1
2
150.00
1,826.00
200.00
770.00
130.00
109.00
96.00
50.00
3,331.00
Total
Livestock
Bag of Pig Feed (Grower)
De-tron oil 1L
Confidor
1
1
960.00
20.00
280.00
41
Round-up 5L
Urea 40kg
Balance 40kg
Attack 200ml
Agrow 1L
1
1
1
1
1
92.00
70.00
29.43
22.50
561.43
Total
Stone Wall
White sand
Metal (B/Mix)
Cement 1
Cement 2
C/Rocks
B/Wire
Poles
Cement mixer
Total
9m3
6m3
16 x bags
46 x bags
52m3
2 x rolls, 1 x roll
19 days (not continuous)
832.50
660.00
280.00
805.00
2,600.00
525.00
380.00
6,082.50
203.
As can be seen from the table the savings to the Ministry through “payments” under the work
gang program equates to $9,974.93.00.
204.
Despite the success of these two programs, allegations of misconduct and ill treatment of
prisoners have been made against senior prison officials. These allegations is the subject of an
investigation by PERCA. This investigation commenced in the last reporting period and is
ongoing. The Ministry and the Prison Service awaits the outcome of the investigation.
205.
The efficiency and effectiveness of the Prison is affected by a lack of staff and transport. There
is a need to increase the number of staff to have three prison officers on each shift. Also there
is a need to acquire another vehicle, suitable for escorting duties, like a van for the prison.
Probation Service Division
206.
The Probation Service Division is currently headed by the Chief Probation Officer and
supported by 7 Probation Officers. Included in the seven (7) staff are the two probation
officers for the islands of Aitutaki and Atiu. On islands where there are no Probation Officers
employed, the functions and roles of the Probation Service is performed by the Deputy
Registrar of the High Court on the respective island.
207.
The key functions of the Probations Service is set out in Section 4(2) of the Criminal Justice Act
1967. That section provides:
(2) It shall be the duty of every probation officer –
(a) to supervise all persons placed under his supervision, with a view to assist
their social rehabilitation and preventing the commission of further offences;
(b) to perform such other duties as may be prescribed by or under this Act or
any other enactment.
208.
It is obvious from its duties and responsibilities, the Probation Service requires transport to
be able to carry function properly. It need a transport to meet people, interview families and
42
interested persons, probationers and parolees, monitor the movement and association of
probationers and parolees.
209.
In the reporting period, the Probation Service have operated without a vehicle and have to
rely on the good will of staffs for the use of their private vehicles. Despite submissions made
to the Capital Expenditure Committee, the Probation Service missed out. It is hoped that
funding for the acquisition of a transport will be available next year.
210.
The Division is divided into two sections, Report Preparation Section, and the Monitoring and
Rehabilitation Section.
Report Preparation Section:
211.
The Report Preparation Section is primarily responsible for the preparation and provision of
pre-sentence or pre-parole reports to the Courts or the Parole Board to assist the Court or
Parole Board in determining the appropriate sentence or outcome for any person appearing
for sentence before the Court or parole before the Parole Board.
212.
This Section is headed by a Senior Probation Officer and assisted by two other probation
officers.
213.
In the preparation of their pre-sentence reports the Report Preparation Section relies on the
Police to provide the necessary background information relating to the offending. As seen in
the table below, the Police have failed to provide a caption and summary to the Section. This
has an impact on the quality and timeliness of the report. Discussions with the Police are ongoing in order to improve this part of the process.
214.
The following table set out the number of probation pre-sentence reports prepared each
month to assist the Court in reaching an appropriate sentence. It also set out the number of
Caption and Summary received from the Police to assist the Report Preparation Section:
Total reports
Captions provided
by the Police
215.
Jul
3
Aug
5
Sep
15
2
3
11
Total number of report prepared each month
Oct
Nov
Dec
Jan
Feb
Mar
Apr
15
8
4
10
8
8
13
5
2
2
6
7
5
May
10
Jun
17
5
9
8
Total
116
65
The following table set out the number of pre-sentence report presented to the court and the
reaction from the court in regards those report:
Reaction
Presented to the Court
Recommendation
followed:
Recommendation
partly followed:
Recommendation not
followed:
Result of probation reports presented to the Court
Oct
Nov
Dec
Jan
Feb
Mar
Apr
12
5
9
5
3
16
8
Jul
1
Aug
5
Sep
10
1
2
3
3
1
2
-
2
10
-
1
1
2
2
3
4
1
-
2
6
7
2
4
1
-
Total
93
May
7
Jun
12
6
2
8
40
2
2
3
1
22
4
-
2
3
31
43
216.
The Section is also responsible for providing the Parole Board with a pre-parole report in
regards to those persons that applied to the Parole Board to be paroled from prison.
217.
The following table set out the number of parole reports prepared for the Parole Board:
Reaction
Presented to the Board
Granted Parole:
Refused Parole
218.
Jul
-
Aug
-
Sep
-
Result of parole reports presented to the Board
Oct
Nov
Dec
Jan
Feb
Mar
Apr
4
4
1
3
3
1
May
-
Jun
-
Total
8
4
4
The effectiveness of the Probation Service is affected by the lack of transport for the Division.
Since the sale of their vehicle, they have to rely on staff transport to carry out their work. It is
important that a suitable vehicle be provided for the Division.
Monitoring and Compliance Section:
219.
The Monitoring and Compliance Section is responsible for ensuring that those placed on
probation by the Court or released on probation or parole from Prison complies with their
probation and parole conditions.
220.
The Section is headed by a Senior Probation Officer and supported by one other probation
officer. Due to shortage of staff, staff from the Court Reporting Section assist this section
where possible.
221.
The proposed Family Law Bill will also have a major impact on the ability of this Section to
carry out its functions and responsibilities. There is a need to recruit two more staff to focus
on young offenders and prepare reports to the Koro Akaau process and the Children’s Court.
The current number of probation officers is insufficient to meet the extra responsibilities.
222.
The following table set out the total number of persons on probation or parole in each month.
It also set out the gender and employment status of those on probation or parole:
Status
Male
F/Male
Total
Employed
Unemployed
Terminations
223.
Total number of person on probation per month in the reporting period 2015-16
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
74
78
85
78
77
75
70
79
77
11
10
11
12
11
13
14
16
16
85
88
96
90
88
88
84
95
93
62
64
64
64
60
60
59
74
60
23
24
22
26
28
28
25
21
33
1
1
4
10
3
5
3
1
10
Apr
78
17
95
70
25
6
May
77
17
94
71
23
4
Jun
77
16
93
62
31
8
The table shows that a high number of those placed on probation or parole were employed
at the time they were placed on probation or parole. It also shows that there are more males
than females placed on probation or parole. The following graph provide a graphical picture
of the table:
44
Number of Probationers per month
120
100
80
60
40
20
0
Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16
Male
224.
Female
The following table set out the number of probationer placed on community service and the
number of project completed in the reporting period:
Total Number of Probationers.
On community Service
Projects Completed
Total number of probationers ordered to do community service as part of probation
term 2015-16
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
85
88
96
90
88
88
84
95
93
95
94
93
24
24
18
16
12
7
5
8
11
15
14
13
4
4
5
5
3
1
3
3
1
1
6
225.
The majority of these projects are to assist the elderly and destitute through cleaning their
homes or yards, or cleaning their plantations or taro patches. In some instances, the projects
involved are for cleaning sports field or public roads where requests for assistance are
received.
226.
The following table set out the number of persons released on probation by the Court or from
prison by operation of the law.
Court
Prison
Total
First Time
Re-Offender
Jul
10
1
11
4
7
Aug
6
1
7
7
Number of persons released onto probation per month 2015-16
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
11
5
1
9
1
11
10
10
3
4
1
3
2
15
5
1
10
1
14
10
10
5
8
2
1
7
4
5
3
2
7
3
3
1
10
5
7
3
Jun
6
2
8
2
6
Total
83
14
97
38
59
227.
The number of re-offenders is a concern, it is equivalent to 54.05% of the total number of
persons placed on probation or parole in the reporting period.
228.
The following table set out the places of residence of probationers and parolees at the time
of being released on probation or parole:
45
Residence
Takitumu
Puaikura
Teauotonga
Total
Jul
24
32
29
85
Aug
27
31
30
88
Sep
29
34
33
96
Oct
25
33
32
90
Number of Probationers 2015-16
Nov
Dec
Jan
Feb
Mar
24
23
20
25
24
32
33
32
33
32
32
32
32
37
37
88
88
84
95
93
Apr
25
32
38
95
May
25
30
39
94
Jun
29
27
37
93
Total
229.
The majority of persons on probation or parole are from the Tea Au o Tonga district. It equates
to 46.31% of the total number of person on probation in the reporting period.
230.
The following table set out number of probationers in the Outer Islands.
Aitutaki
Atiu
Manihiki
Total
Jul
4
1
5
Number of persons serving probation term in the outer Islands 2015-16.
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Aug
4
1
5
Total
231.
As stated above, the only islands with a probation officer are Aitutaki and Atiu. Where there
is no probation officer, the duties and function of a probation officer is performed by the
Deputy Registrar’s of the High Court on each island.
232.
The following table set out the age group of person persons on probation or parole.
2015-16
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
16-20
Male
Female
12
11
1
12
11
1
13
11
2
12
10
2
12
11
1
15
14
1
12
11
1
13
12
1
12
11
1
15
13
2
15
13
2
14
12
2
21-30
Male
Female
39
31
8
40
33
7
41
34
7
42
34
8
41
33
8
36
28
8
38
30
8
41
32
9
38
29
9
35
26
9
35
26
9
33
25
8
31-40
Male
Female
17
16
1
19
18
1
24
23
1
24
22
2
24
22
2
26
23
3
24
20
4
30
25
5
30
25
5
31
26
5
30
25
5
32
26
6
41-50
Male
Female
13
12
1
13
12
1
12
11
1
8
7
1
7
6
1
6
5
1
6
5
1
7
6
1
8
7
1
9
8
1
9
8
1
9
8
1
51-60
Male
Female
3
3
0
3
3
0
5
5
0
3
3
0
3
3
0
4
4
0
4
4
0
4
4
0
5
5
0
5
0
5
5
0
5
5
0
60+
Male
Female
1
1
0
1
1
0
1
1
1
0
1
1
0
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total Probationers
85
88
96
90
88
88
84
95
93
95
94
93
233.
The greater number of probationers and parolee falls within the 16 – 20 and 21 – 30 age
groups. Both age groups make up- about 58.21% of the total number of probationers and
parolee in the reporting period. This is a concern that needs addressing.
234.
The following table set out the number of breaches of community service and probation:
46
Type
Community Service
Probation Conditions:
Total:
235.
Jul
2
2
Aug
1
1
Sep
1
5
6
Oct
1
1
Nov
1
1
2
Number of breaches
Dec
Jan
Feb
2
2
Mar
3
2
5
Apr
2
2
4
May
-
Jun
1
1
Total
9
15
24
The high number of breaches of probation or parole terms and conditions in the reporting
period is a concern.
Corporate Services Division
236.
The Corporate Division is responsible for providing logistical support to the other Divisions in
the delivery of the Outputs of the Ministry. It is split into two main sections; Information
Technology and Financial Services:
Information Technology Section:
237.
The Information Technology Section is responsible for providing technical support to all
Divisions of the Ministry.
238.
The Section is supposed to be headed by the IT Manager. Unfortunately funding for this
position was withdrawn in the 2013-14 financial year and the position is currently vacant.
Despite repeated requests for a budget for it, funding has not been forthcoming. Discussions
have been held with the Public Service Commissioner but were unsuccessful in securing
funding for the position.
239.
The Section is now headed by the IT Project Coordinator and supported by an IT Support
Officer. Funding for another IT Support Officer has not been forthcoming, although approved
on the organisational chart.
240.
The majority of the work undertaken by the Section is in addressing technological problems
with both software and hardware equipments of the Ministry. The land titles program is a
work in progress that is being addressed by the Section but due to lack of resources, the staff
in this area could not focus on issues as they are consistently asked to attend to other matters
related to other technological matters.
241.
The consolidation of the internet under a single domain is still problematic for the Ministry
and these are being addressed by the Section in corroboration with the ICT Unit at the Office
of the Prime Minister.
The Financial Services Section:
242.
The Financial Services Section is responsible for the management of the finances of the
Ministry and ensuring that staff and service providers are paid on time. It is also responsible
for ensuring that the Ministry complies with its reporting requirement under the MFEM Act
and Guidelines.
47
243.
The Section is headed by the Finance Manager and assisted by the Finance Officer and a
Receptionist/Cashier. A fourth staff is the Watchman/Grounds man who is responsible for the
security of the Ministry building and upkeep of its grounds.
244.
As part of its staff development program, the Ministry encourages staff to undertake tertiary
studies through the University of the South Pacific (USP) or any other institutions. Fees are
paid by the Ministry, unless a staff fails, he/she reimburses the Ministry.
245.
In the first half of the reporting period, there were 2 staff enrolled with the USP, taking
subjects ranging from Industrial Relations, Principles of Marketing & Strategies, Introduction
of Accounting and Finance Management, and Economic. In the second period there were 3
staff who undertake courses with the USP.
246.
The Ministry also assisted 6 staffs to secured scholarships with the Ministry of Education, to
assist in the funding of USP studies.
247.
Also in the reporting period, thirteen Ministry staff participated in the First Line Managers
course provided by the Cook Islands Tertiary Training Institute. Out of the thirteen, eleven
have been successful in completing the course.
248.
The following table set out the number of work related travels by staff of the Ministry.
Name
Where To
Name of Training
Days for
training
Funded By
Official Duty Travel
Feedback provided
Where Available?
July 2015
Claudine HenryAnguna
Terepai Obeda
John Kenning JP &
Georgina Williams JP
Bangkok,
Thailand
China
Auckland New
Zealand
3
UNESCAP
Report with HOM
3
3
China
SPC
N/A
Report with HOM
Auckland New
Zealand
Regional Steering Group for Civil
Registration and Vital Statistics
Marine Workshop
SPC Regional Consultation on
Human Rights for Judges and
Magistrates
Institute of Judicial Studies
Decision Making Workshop
John Whitta JP
2
JPPF
Report with HOM
Japan
Japan
Singapore
Correction Officers
Correction Officers
Youth Leadership Course
30 days
30 days
25
JICA
JICA
Singapore and
Cook Islands
Workers
Report with HOM
Report with HOM
Report with HOM
Wellington New
Zealand
Commonwealth and Judges
Association Conference
5 days
JPPF
Report with HOM
Dunedin New
Zealand
Sydney
Australia
Judicial Intensive Training
5 days
JPPF
Report with HOM
Chief Justices Leadership
Workshop and Programme
Executive Council
Mentoring activity with
Manukau Districts Courts for
Judicial and Court Officers
Mentoring activity with
Manukau Districts Courts for
Judicial and Court Officers
3
PJDP
Report with HOM
10
PJDP
Report with HOM
5
PJDP
Report with HOM
August 2015
Henry Heather
Teokotai Joseph
Ma Cherie Mani
September 2015
Tangi Taoro JP
November 2015
Tangi Taoro
John Kenning
Ma’Cherie Mani &
Therese Matara
Auckland New
Zealand
Carmen Temata JP
and Georgina Williams
JP
Auckland New
Zealand
48
December 2015
Moetai Taruia
Unitec Auckland
Managing IT Projects
10
Self-funded
and support by
MOJ
Report with HOM
Claudine HenryAnguna
Moetai Taruia
Noumea, New
Caledonia
Unitec Auckland
Civil Registration and Vital
Statistics in the Pacific Islands.
Web-based solutions
5
UNICEF
Report with HOM
10
Report with HOM
Moetai Taruia
Unitec Auckalnd
MBA (Thesis)
10
Self-funded
and support by
MOJ
Self-funded
and support by
MOJ
Claudine HenryAnguna
Singapore
Strategies of Case Management
5
Report with HOM
Tingika Elikana
Brisbane,
Australia
Civil Liability from Nuclear
Accidents
5
Singapore
Judicial College
& Cook Islands
United Nations
February 2016
Report with HOM
April 2016
249.
Report sent to
Public Service
Commissioner
The following table set out the number of staff that have resigned/left the Ministry in the
reporting period:
Position
Division
Deputy Registrar-Penrhyn
Court & Tribunals, Registry
Reason
Retirement
Deputy Registrar – Atiu
Court & Tribunals, Registry
Retirement
Deputy Registrar
Registry, Court & Tribunals
Retirement
Prison Officer
Prison Services
Retirement
Prison Officer
Prison Services
Retirement
Finance Manager
Corporate Services
Resignation – personal reasons.
Prison Officer
Prison Services
Resignation – gone overseas
Data Processor
Land Information
Position made redundant
Data Processor
Land Information
Position made redundant
250.
In exit interviews with those who have left the Ministry, it is obvious that remuneration is the
main reason for their departure. This is a concern that has always been raised with
government over the years but is yet to be addressed.
251.
Unlike other government entities the Ministry relies solely on its trading revenue to fund its
operations. The increase in the number of court day sittings and other operational costs have
an adverse effect on the financial position of the Ministry. This is made more difficult by the
number of inmates (both sentences and remanded) held in Arorangi Prison.
252.
The following table set out the budget of the Ministry by Output for the reporting period.
Output 1
Court and
tribunal
Output 2
Land
Information
Personnel
360,000
190,000
Operating
125,000
22,108
Depreciation
Output 3
Registry
Output 4
Prison
Services
Output 5
Probation
Services
Output 6
Corporate
and ICT
Services
TOTAL
170,000
390,000
170,000
162,361
1,442,361
95,000
30,000
95,000
28,000
26,371
399,371
22,108
14,410
24,108
15,410
19,903
118,047
49
Gross Appropriation
507,108
307,108
214,410
509,108
Trading Revenue
130,000
120,000
150,000
100,000
Net Appropriation
377,108
187,108
64,410
409,108
213,410
208,635
1,959,779
213,410
208,635
1,459,779
500,000
253.
The Ministry, in the reporting period, budgeted to collect $500,000.00 as trading revenue. It
collected $583.325.00 of revenue. An extra $83,325.00.
254.
Despite the extra $83,325.00 collected in trading revenue, the Ministry still overspends by
$32,101.00, as seen in the variation report for the end of the reporting period.
Appropriation Variance Report
Ministry:
Month:
Category
Personnel
Expense
MOJ
Jun-16
Budget
Actual
1,442,361
Personnel Accrual
% Var
1,578,685
(136,324)
(81,614)
81,614
-9.5%
#DIV/0!
% Annual
Budget
#DIV/0!
#DIV/0!
Operating
Expense
399,371
474,043
(74,672)
-18.7%
#DIV/0!
Depreciation
Expense
118,047
106,094
11,953
10.1%
#DIV/0!
Total
Expenditure
Trading
Revenue
1,959,779
2,077,207
(117,428)
-6.0%
#DIV/0!
500,000
583,325
83,325
16.7%
#DIV/0!
2,002
2,002
1,459,779
1,491,880
(32,101)
0
0
0
#DIV/0!
#DIV/0!
Aid Revenue
0
0
0
#DIV/0!
#DIV/0!
Aid Expense
0
0
0
#DIV/0!
#DIV/0!
POBOCs
217,000
177,637
(39,363)
-18.1%
#DIV/0!
ROBOCs
40,000
47,330
7,330
18.3%
#DIV/0!
Other Revenue
Net
Expenditure
Capital
Appropriation
255.
Variance
#DIV/0!
-2.2%
#DIV/0!
R
a
n
k
Comments
Comments for Personnel Expenses
are to be made against the standard
chart of accounts
Comments for Personnel Accruals
are to be made against the standard
chart of accounts
Comments for Operating Expenses
are to be made against the standard
chart of accounts
Comments for Depreciation
Expenses are to be made against the
standard chart of accounts
Comments for Trading Revenue are
to be made against the standard
chart of accounts
Comments for Other Revenue are to
be made against the standard chart
of accounts
#DIV/0!
Comments for CAPEXs can be done
on "POBOCs, ROBOCs & CAPEX" tab
- page 3
Comments for POBOCs can be done
on "POBOCs, ROBOCs & CAPEX" tab
- page 3
Comments for ROBOCs can be done
on "POBOCs, ROBOCs & CAPEX" tab
- page 3
As a result of the demand for increase court sitting days, increased prison population and
other operational demand, the Ministry will be scaling down on the number of court sitting
days and reducing the costs of feeding the inmates.
50
256.
It is envisage that the promulgation of regulations increasing fees in the Courts will increase
the amount of trading revenue in the next reporting period.
Conclusion:
257.
The Ministry continues to faces a lot of challenges. This is more so in the areas of; access to
the courts, reducing crime, and the integrity of the land informations it provides to the public.
258.
Access to the courts is a fundamental right in a democratic society like the Cook Islands. Any
obstacles that hinders that right must be properly address. Failure to do so can lead to delays
in having matters deal with promptly by the court and would eventually lead to a lack of
respect, not only of the courts but the rule of law. The Ministry had over the years tried to
meet the demand for more court days within its current financial and personnel resources,
that ability is waning unless further financial and personnel resources is provided.
259.
A reduction in crime can only occur with appropriate programs design to rehabilitate and
redirect offenders away from criminal activities. The Ministry have and will continue to work
in collaboration with key stakeholders in providing effective programs that will assist
offenders. One of these programs is the provision of linking of inmates and probationers with
employers in order to secure employment upon release from custody or probation.
260.
It goes without saying that land is the most important factor for economic development in the
Cook Islands. Therefore the need for an accurate and trustworthy Register of Land Titles is
important in facilitating development in the Cook Islands. The Ministry will continue to focus
on upgrading the ELROT within it limited resources.
261.
The Ministry is very fortunate to have committed and dedicated staff. Despite the challenges,
including insufficient resources and remunerations, they are determined to serve the public
of the Cook Islands to the best of their ability.
51