The People’s Chief: Tamatoa Ariki

Rokoika Law P.C. — Wed, 07 Aug 2024 10:04:44 +0000

On August 6, 2024, Justice W.W. Isaac delivered a judgment in the High Court of the Cook Islands regarding the right to hold the Chiefly Title of Tamatoa Ariki. The case was initiated under Section 409(f) of the Cook Islands Act 1915 to determine the rightful holder of the Tamatoa Ariki title. The parties involved were Tarota Tom and Teao Tangaroa, both claiming to be the rightful holders of the chiefly title.

Legal Framework
Section 490(f) of the Cook Islands Act 1915 grants the High Court jurisdiction to determine the right to hold an Ariki title. Section 422 of the Act emphasizes that decisions must be based on ancient customs and usage of the Cook Islands Maoris. Isaac J emphasized, “The Court’s role is not to elect an Ariki but to ensure that the appropriate custom has been followed.”

The decision hinged on whether each party followed the traditional processes for electing a Tamatoa Ariki. A 1981 case precedent provided a framework for evaluating the claims before the Court.

Genealogical Eligibility
Both parties were confirmed to be descendants of the Peirangi and Marokii lines, qualifying them for the title based on genealogical criteria. “As both candidates are descendants of the Peirangi and Marokii lines, they are eligible to hold the Tamatoa Ariki title,” stated the judgment.

Kopu Ariki Meetings
Three significant meetings were scrutinized:

October 25, 2016: The Kopu Ariki unanimously elected Tarota. However, Teao contested this meeting, arguing it lacked representation from the Marokii line.
November 2, 2020: Teao was elected through a secret ballot, a method Tarota contested as non-traditional.
November 22, 2022: This meeting confirmed Teao’s election, with no minutes provided to the Court but substantial support from the Are Taunga.

Residency Requirement
Both parties met the residency requirement, having been residents of Arutanga during their respectivenominations and elections.

Presentation of the Kura
Tarota’s Kura was presented in 2021 by a self-appointed Putokotoko and questioned for its delayed presentation and lack of customary adherence. Teao’s Kura, on the other hand, was presented immediately after the 2020 meeting by the duly appointed Putokotoko, following traditional protocols.

Investiture Ceremony
Regarding Tarota’s Ceremony, His Honour confirmed that although detailed and attended by many, it faced criticism for its non-traditional elements and the officiation by a self-appointed Putokotoko. Teao’s ceremony, on the other hand, was conducted according to customs with the traditional makers’ regalia and was supported by the Are Taunga.

Conclusion
Justice Isaac found in favour of Teao Tangaroa as the rightful holder of the Tamatoa Ariki title, emphasizing the following:

The meeting process favoured Teao, as it included both Peirangi and Marokii lines, and was endorsed by the Mataiapo
Teao’s presentation of the kura was in accordance with custom
Teao received explicit support from the High Priest and the Are Taunga, while Tarota lacked this crucial endorsement.
The investiture ceremony is essential to the custom of Tamatoa Ariki, and Teao adhered to all correct customs,

This judgement plays a critical role in customary law and maintaining the integrity of the Cook Islands Maori cultural heritage.

Rokoika Law P.C. is delighted to have represented Teao Tangaroa in this case and reaffirms our commitment to upholding justice and preserving our rich Maori cultural traditions.

“This judgment reaffirms the sanctity of our customs and the rightful process in electing our Arikis,” remarked Ms Lavi Rokoika, counsel for Teao Tangaroa.

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Friends of Fiji Wins Historic Judgment Against Cook Islands’ Immigration Policy

Rokoika Law P.C. — Fri, 08 Mar 2024 23:04:07 +0000

In a pivotal judgment by Chief Justice Keane, the High Court of the Cook Islands delivered a comprehensive decision on the application by Friends of Fiji Inc. challenging specific provisions of the Cook Islands Immigration Regulations 2022. Friends of Fiji was represented by Rokoika Law P.C. while the Attorney General was represented by the Crown Law Office of the Cook Islands. This case revolved around the contention that the residency thresholds for permanent residence, set by the 2022 Regulations, discriminated between New Zealand citizens and other nationals, and were not authorized by the Cook Islands Immigration Act 2021, hence alleging them to be ultra vires and discriminatory under the Cook Islands Constitution.

The Chief Justice meticulously analyzed the relationship between the Cook Islands and New Zealand, focusing on citizenship and residency regulations over the years, leading up to the Immigration Act 2021 and the subsequent Immigration Regulations of 2022 and 2023. The judgment addressed the historic and evolving constitutional relationship between the Cook Islands and New Zealand, highlighting the unique status of Cook Islanders as New Zealand citizens and the preferential treatment accorded to them in terms of residency in the Cook Islands.

The core issues at hand were the legality of the residency thresholds set by the 2022 Regulations and whether they were consistent with the overarching Immigration Act 2021, and, importantly, if they violated the principles of equality and non-discrimination as enshrined in the Cook Islands Constitution.

Chief Justice Keane determined that the preferential treatment of New Zealand citizens regarding residency requirements was not explicitly endorsed by the Immigration Act 2021, nor was it consistent with the Act’s empowering provisions. Furthermore, the judgment held that the executive’s attempt to give effect to these preferences through secondary legislation exceeded the scope of the Act and was thus ultra vires. This conclusion was underscored by a detailed examination of the legislative delegation of power, the principle of separation of powers, and the requirement for primary legislation to give effect to treaty obligations or significant policy shifts.

Additionally, the Chief Justice refrained from making a definitive ruling on whether the residency preferences were unlawfully discriminatory, as the underlying regulation was already found to be invalid. This aspect of the judgment underlines the court’s systematic approach, emphasizing the foundational legal question of legislative authority and scope before addressing constitutional rights and freedoms.

In conclusion, the court’s decision to invalidate the contested residency preferences for New Zealand citizens underscores the importance of adhering to legislative authority, the principles of non-discrimination, and the proper process for enacting changes that affect fundamental rights. This judgment not only reaffirms the constitutional safeguards against discrimination (which the court says did not occur in this instance) but also highlights the procedural obligations of the executive and legislative branches in enacting and implementing immigration policy. The Friends of Fiji Inc. case thus stands as a landmark decision, delineating the boundaries of legislative and executive powers in the Cook Islands and reaffirming legislative delegation of power and the principle of separation of powers. The Chief Justice said,

“I do consider the obligation to accord the New Zealand residence and entry preference, assumed in the 2001 joint declaration, should have been endorsed explicitly by Parliament in the Immigration Act 2021… I grant this application to the extent of the following declaration: the NZ permanent residence preference, expressed in reg 8(2)(d), Immigration Regulations, is invalid because:

(i) it purports to give effect to a 2001 Joint CI-NZ Centenary Declaration obligation only able to be given domestic legislative effect by Parliament;
(ii) it is beyond the scope of the Immigration Act 2021.”

Rokoika Law P.C. – Rokoika Law P.C

The People’s Chief: Tamatoa Ariki

Friends of Fiji Wins Historic Judgment Against Cook Islands’ Immigration Policy