WIPO Lex

Niue Act 1966 (reprint as at 20 September 2007)

Reprint as at 20 September 2007

Niue Act 1966

Public Act 1966 No 38 Date of assent 7 October 1966 Commencement see section 1

Title

Contents Page 28

1 Short Title and commencement 28 2 3

Interpretation Application

29 32

Part 1 The Executive Government of Niue

4 5 6 7

[Repealed] Executive government vested in the Crown [Repealed] Resident Commissioner of Niue [Repealed] Deputy of Resident Commissioner [Repealed] Seal of Niue [Repealed]

32 32 32 33

The Executive Committee of Niue

8 9

[Repealed] Executive Committee [Repealed] Leader of Government [Repealed]

33 33

Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Ministry of Foreign Affairs and Trade.

Reprinted as at Niue Act 1966 20 September 2007

10 Appointment of members of Executive Committee after 33 election of Leader of Government [Repealed]

Committee [Repealed]

Committee or Resident Commissioner [Repealed]

11 Vote of confidence in Executive Committee [Repealed] 33 12 Vacation of office by appointed members of Executive 33

13 Temporary members of Executive Committee [Repealed] 34 14 Assignment of responsibilities to members of Executive 34

14A Meetings of Executive Committee [Repealed] 34 14B Exercise of powers of Resident Commissioner [Repealed] 34 14C Rules, other enactments, and decisions of Executive 34

14D Clerk of the Executive Committee [Repealed] 34

The public revenues of Niue [Repealed]

15 Public funds and public revenue [Repealed] 35 16 Loans to Niue Government Account [Repealed] 35 17 Treasurer of Niue [Repealed] 35 18 Revenue and expenditure [Repealed] 35 19 Traders’ deposit accounts [Repealed] 35 20 Audit [Repealed] 35

Public health [Repealed]

21 Persons authorised to practise medicine or 35 surgery [Repealed]

22 Offences [Repealed] 36 23 Director of Health [Repealed] 36 23A Medical services [Repealed] 36 24 Hospitals and other institutions of public health [Repealed] 36 25 Compulsory transfer of lepers [Repealed] 36

Prisons and police [Repealed]

26 Establishment of prisons [Repealed] 36 27 Detention of persons in custody [Repealed] 36 28 Labour instead of imprisonment [Repealed] 37 29 Appointment of officers of police and prisons [Repealed] 37

Education [Repealed]

30 Education to be provided for people of Niue [Repealed] 37

Reprinted as at 20 September 2007 Niue Act 1966

Part 2 The Legislative Government of Niue

[Repealed]

The Niue Island Assembly [Repealed]

31 Niue Island Assembly [Repealed] 37

Assembly [Repealed]

members [Repealed]

31A Speaker of Island Assembly [Repealed] 38 32 Prorogation and dissolution of Island 38

33 Members to take oath of allegiance [Repealed] 38 34 Procedure of Island Assembly [Repealed] 38 35 Privileges of Island Assembly and of its 38

36 Clerk of the Island Assembly [Repealed] 38

Ordinances [Repealed]

37 Island Assembly may make Ordinances [Repealed] 38

regulations [Repealed]

to [Repealed]

Gazette [Repealed]

38 Ordinances repugnant to New Zealand Acts and 39

39 Partial validity of Ordinances [Repealed] 39 40 Introduction of Bills, etc, into Island Assembly [Repealed] 39 41 Assent to Bills by Resident Commissioner [Repealed] 39 42 Commencement of Ordinances [Repealed] 39 43 Transmission to Secretary of Ordinances assented 39

44 Disallowance of Ordinances [Repealed] 39 45 Transmission to Minister of reserved Bills [Repealed] 39 46 Assent to reserved Bills [Repealed] 40 47 Language of Ordinances [Repealed] 40 48 Publication of Ordinances, etc, in Niue Island 40

Regulations [Repealed]

49 Governor-General in Council may make 40 regulations [Repealed]

Village Councils [Repealed]

50 Village Councils [Repealed] 40 51 Village Council bylaws [Repealed] 40 52 Validity and disallowance of bylaws [Repealed] 41

Reprinted as at Niue Act 1966 20 September 2007

Part 3 The High Court of Niue

Constitution of the High Court [Repealed]

53 High Court established [Repealed] 41

Commissioners [Repealed]

Court [Repealed]

54 Judges and Commissioners of the High Court [Repealed] 41 55 Appointment and tenure of Judges and 41

56 Temporary Judges or Commissioners [Repealed] 41 57 Salaries of Judges and Commissioners [Repealed] 41 58 Powers of Judges [Repealed] 42 59 Resident Commissioner may act as Judge of High 42

60 Commissioners of the High Court [Repealed] 42 61 Justices of the Peace [Repealed] 42 62 Registrar and Deputy Registrar of the High 42

63 Administrative officers [Repealed] 42 64 Seal of the High Court [Repealed] 42 65 Records of the High Court [Repealed] 42

Jurisdiction of the High Court [Repealed]

66 Jurisdiction of the High Court [Repealed] 43

prohibition [Repealed] 67 Injunction, certiorari, mandamus, and 43

68 Habeas corpus [Repealed] 43 69 Custody of minors [Repealed] 43

Procedure of the High Court 70 Rules of court [Repealed] 43

court [Repealed] 71 Procedure so far as not governed by rules of 43

72 Forms [Repealed] 43 73 Summons to witnesses [Repealed] 44 74 Default of witness [Repealed] 44 75 Commissioners to take evidence 44 76 Evidence by affidavit sworn out of Niue [Repealed] 44 77 Witnesses may be ordered out of court [Repealed] 44 78 Affidavits in Niue [Repealed] 45 79 Evidence by affidavit [Repealed] 45 80 Right of audience in the High Court [Repealed] 45 81 Costs [Repealed] 45

Reprinted as at 20 September 2007 Niue Act 1966

82 Security for costs [Repealed] 45 83 Court fees [Repealed] 45 84 Minutes of judgments [Repealed] 45 85 Amendments [Repealed] 45 86 Rehearing of civil proceedings [Repealed] 46 87 Rehearing of criminal proceedings [Repealed] 46

Execution of judgments 88 Writs of sale and possession [Repealed] 46 89 Effect of writ of possession [Repealed] 46 90 Effect of writ of sale [Repealed] 46 91 Issue of writs of sale or possession [Repealed] 46 92 Charging orders [Repealed] 46 93 Stay of execution [Repealed] 47 94 Judgment summons [Repealed] 47 95 Enforcement of judgments of High Court in Supreme 47

Court of New Zealand

Absconding debtors [Repealed]

96 Order of arrest of absconding debtor [Repealed] 48 97 Security to be given [Repealed] 48 98 Enforcement of security [Repealed] 48 99 Arrest in actions for penalties [Repealed] 48 100 Enforcement of security in actions for penalties [Repealed] 48

Contempt of the High Court [Repealed]

101 Contempt of court defined [Repealed] 49 102 Penalty for contempt [Repealed] 49 103 Jurisdiction in contempt [Repealed] 49 104 Contempt in the face of the court [Repealed] 49 105 Discharge of persons in contempt [Repealed] 49

Part 4 The Supreme Court of New Zealand Jurisdiction of the Supreme Court in Niue

[Repealed] 106 Civil jurisdiction of Supreme Court extends to 50

Niue [Repealed] 107 Jurisdiction under the Declaratory Judgments Act 50

1908 [Repealed] 108 Criminal jurisdiction of Supreme Court in respect of 50

Niue [Repealed]

Reprinted as at Niue Act 1966 20 September 2007

Cases stated by the High Court or Land Court or Land Appellate Court [Repealed]

109 High Court or Land Court or Land Appellate Court may 50 state a case for the Court of Appeal [Repealed]

Cases stated by Supreme Court for Land Appellate Court [Repealed]

110 Supreme Court may state case for Land Appellate 50 Court [Repealed]

Appeals from the High Court [Repealed]

111 Jurisdiction of Supreme Court on appeal from the High 51 Court [Repealed]

Court [Repealed]

procedure [Repealed]

appeal [Repealed]

112 Order granting leave to appeal [Repealed] 51 113 Transmission of record [Repealed] 51 114 Dismissal of appeal for non-prosecution [Repealed] 51 115 Procedure on appeal [Repealed] 51 116 Special leave to appeal may be granted by Supreme 51

117 Powers of Court of Appeal on appeal [Repealed] 51 118 Evidence on appeal [Repealed] 52 119 Stay of execution [Repealed] 52 120 Release of appellant from custody [Repealed] 52 121 Appeal not to be allowed for irregularities in 52

122 Right of audience on appeal [Repealed] 52 123 Transmission of order of Court of Appeal on 52

124 No appeal to the Court of Appeal [Repealed] 52 125 No certiorari, mandamus, or prohibition [Repealed] 52

Enforcement in Niue of judgments of New Zealand courts 126 Judgments of Supreme Court or District Court in New 53

Zealand may be enforced by the High Court [Repealed]

Court by way of proceedings for contempt 127 Enforcement of judgments of Supreme Court by High 53

Commissioners of the Supreme Court 128 Commissioners of the Supreme Court may be appointed 53

in Niue

Reprinted as at 20 September 2007 Niue Act 1966

Part 5 Criminal offences

129 Seditious offences defined [Repealed] 53 130 Punishment of seditious offences [Repealed] 54 131 Homicide defined [Repealed] 54 132 Killing of a child [Repealed] 54 133 Culpable homicide [Repealed] 54 134 Murder defined [Repealed] 54 135 Further definition of murder [Repealed] 54 136 Provocation [Repealed] 54 137 Illegal arrest may be evidence of provocation [Repealed] 54 138 Punishment of murder [Repealed] 55 139 Manslaughter [Repealed] 55 140 Punishment of manslaughter [Repealed] 55 141 Omissions dangerous to life [Repealed] 55 142 Duty to provide the necessaries of life [Repealed] 55 143 Duty of parent or guardian to provide 55

necessaries [Repealed] 144 Liability of persons having charge of dangerous 55

things [Repealed] 145 Hastening death [Repealed] 55 146 Indirect cause of death [Repealed] 56 147 Attempted murder [Repealed] 56 148 Conspiracy and inciting to murder [Repealed] 56 149 Counselling suicide [Repealed] 56 150 Concealment of birth [Repealed] 56 151 Grievous bodily harm [Repealed] 56 152 Actual bodily harm [Repealed] 56 153 Omissions resulting in bodily harm [Repealed] 56 154 Intentionally endangering persons on aerodromes, 57

etc [Repealed] 155 Wantonly endangering persons on or near aerodromes, 57

etc [Repealed] 156 Indecent assault [Repealed] 57 157 Assault [Repealed] 57 157A Cruelty to a child [Repealed] 57 158 Resisting constable in execution of his duty [Repealed] 57 159 Abduction of girl under 15 [Repealed] 57 160 Abduction of children [Repealed] 57 161 Sexual intercourse defined [Repealed] 58 162 Rape [Repealed] 58

Reprinted as at Niue Act 1966 20 September 2007

163 Sexual intercourse or indecency with girl under 58 12 [Repealed]

and 15 [Repealed]

imbecile or of unsound mind [Repealed]

miscarriage [Repealed]

males [Repealed]

deemed theft [Repealed]

etc [Repealed]

164 Sexual intercourse or indecency with girl between 12 58

165 Sexual intercourse with woman or girl who is an idiot or 58

166 Procuring miscarriage of woman or girl [Repealed] 58 167 Act of woman or girl procuring her own 58

168 Supplying means of miscarriage [Repealed] 59 169 Bigamy [Repealed] 59 170 Buggery [Repealed] 59 171 Attempted buggery and indecent assaults on 59

172 Incest [Repealed] 59 173 Indecent acts [Repealed] 59 174 Indecent documents [Repealed] 59 175 Brothels [Repealed] 59 176 Gaming houses [Repealed] 60 177 Riot [Repealed] 60 178 Forcible entry [Repealed] 60 179 Affrays [Repealed] 60 180 Official corruption [Repealed] 60 181 Perjury [Repealed] 60 182 Fabricating evidence [Repealed] 60 183 Conspiracy to pervert justice [Repealed] 60 184 Breaking prison [Repealed] 61 185 Escape [Repealed] 61 186 Rescue [Repealed] 61 187 Criminal libel or slander [Repealed] 61 188 Definition of theft [Repealed] 61 189 Ineffectual defences to charge of theft [Repealed] 61 190 Extended definition of theft [Repealed] 61 191 Obtaining money or goods by false pretences to be 61

192 Punishment of theft [Repealed] 62 193 Stealing documents [Repealed] 62 194 Receiving stolen goods [Repealed] 62 195 Robbery [Repealed] 62 196 Conversion or attempted conversion of motorcars, 62

197 Breach of trust [Repealed] 62

Reprinted as at 20 September 2007 Niue Act 1966

198 Menaces [Repealed] 62 199 Witchcraft [Repealed] 62 200 Obtaining credit by fraud [Repealed] 63 201 Accusation of criminal offences [Repealed] 63 202 Conspiracy to defraud [Repealed] 63 203 Obtaining execution of valuable securities by 63

fraud [Repealed] 204 Burglary [Repealed] 63 205 Unlawful entry of dwellinghouse, etc [Repealed] 63 205A Unlawfully entering premises for a criminal 63

purpose [Repealed] 206 Threats to kill or do bodily harm [Repealed] 63 207 Forgery [Repealed] 64 208 Extended definition of forgery [Repealed] 64 209 Making counterfeit coin [Repealed] 64 210 Lightening coin [Repealed] 64 211 Uttering counterfeit coin [Repealed] 64 212 Arson [Repealed] 64 213 Wilful mischief to property [Repealed] 64 214 Provoking breach of the peace [Repealed] 64 215 Profane, indecent, or obscene language [Repealed] 65 216 Disorderly conduct in public places [Repealed] 65 217 Obstructing public place [Repealed] 65 218 Drunkenness [Repealed] 65 219 Animal trespass [Repealed] 65 220 Prostitution [Repealed] 65 221 Laying poison [Repealed] 65 222 Polluting water [Repealed] 65 223 Sale of unwholesome provisions [Repealed] 66 224 Insanitary premises [Repealed] 66 225 Wilful trespass [Repealed] 66 226 Cruelty to animals [Repealed] 66 227 Falsely trading as an incorporated company [Repealed] 66 228 Conspiracy [Repealed] 66

Attempts [Repealed]

229 Attempts to commit offences [Repealed] 66 230 Attempt proved when offence is charged [Repealed] 67 231 Offence proved when attempt is charged [Repealed] 67

Parties to offences [Repealed]

232 Inciting [Repealed] 67

Reprinted as at Niue Act 1966 20 September 2007

233 Parties to offences [Repealed] 67 234 Common criminal purpose [Repealed] 67 235 Counselling or procuring [Repealed] 67 236 Accessory after the fact [Repealed] 67 237 Punishment of accessories [Repealed] 68

Infancy [Repealed]

237A Children under 10 [Repealed] 68 237B Children between 10 and 14 [Repealed] 68

Defences [Repealed]

238 Common law defences [Repealed] 68 239 Common law offences [Repealed] 68

Sentences 240 Power to fine instead of or in addition to 69

imprisonment [Repealed]

portion of whose sentence is conditionally remitted, may be reimprisoned

241 Enforcement of fines [Repealed] 69 242 Imprisonment in Niue [Repealed] 69 243 Transfer of convicted persons to New Zealand 69 244 Release of prisoners transferred to New Zealand 70 244A Recall of offender subject to supervision 74 245 Person conditionally released from imprisonment, or 74

246 Cumulative sentences [Repealed] 75

Part 6 Criminal procedure

[Repealed] 247 District Court Judges [Repealed] 75 248 Jurisdiction of High Court [Repealed] 75 249 Felonies and misdemeanours [Repealed] 75

Preliminary proceedings [Repealed]

250 Arrest without warrant [Repealed] 76 251 Arrest on warrant of District Court Judge [Repealed] 76 251A Duty of persons arresting [Repealed] 76 252 Committal by District Court Judge for trial [Repealed] 76

Trial by the High Court [Repealed]

Reprinted as at 20 September 2007 Niue Act 1966

253 Information [Repealed] 76 254 Warrant or summons [Repealed] 76 255 Warrant after issue of summons [Repealed] 76 255A Arrested person may be released on bail by constable in 77

certain cases [Repealed] 256 Prisoners brought before Judge of High Court before 77

commencement of prosecution [Repealed] 257 Remand [Repealed] 77 258 Trial of accused in his absence [Repealed] 77

Assessors [Repealed]

259 Constitution of court on criminal trials [Repealed] 77 260 Judge with assessors [Repealed] 77 261 Judge without assessors [Repealed] 78 262 Judge with or without assessors as he thinks fit [Repealed] 78 263 Order appointing assessors [Repealed] 78 264 Number and qualifications of assessors [Repealed] 78 265 Default of assessors [Repealed] 78 266 Remuneration of assessors [Repealed] 78 267 Oath of assessors [Repealed] 78 268 Change of assessors [Repealed] 78 269 Discharge of assessors and new trial [Repealed] 79 270 Concurrence of assessors [Repealed] 79 271 Concurrence of Judge [Repealed] 79 272 Sentence [Repealed] 79 273 Concurrence of assessors not necessary except for 79

conviction [Repealed]

Miscellaneous provisions [Repealed]

274 Alternative and cumulative charges [Repealed] 79 275 Relation between information and conviction [Repealed] 79 276 Withdrawal of information [Repealed] 80 277 Drawing up of conviction [Repealed] 80 278 Defects of information, summons, or warrant [Repealed] 80 279 Payment of witnesses [Repealed] 80 280 Court may order convicted person to come up for sentence 80

if called upon [Repealed] 281 Conviction without sentence or discharge without 80

conviction [Repealed] 282 Bail [Repealed] 80 283 Stay of proceedings by Cabinet [Repealed] 81 284 Search warrants [Repealed] 81

Reprinted as at Niue Act 1966 20 September 2007

284A Power to enter premises to arrest offender or prevent 81 offence [Repealed]

telegram [Repealed] 285 Transmission of certain warrants and orders by 81

286 Pardon and remission of sentence [Repealed] 81 287 Compensation for loss of property [Repealed] 81

Part 7 Law of evidence [Repealed]

288 Definitions [Repealed] 82

evidence [Repealed]

wives [Repealed]

289 Discretionary power of admitting or rejecting 82

290 All witnesses competent [Repealed] 82 291 Evidence of parties and their husbands and 82

292 Evidence of accused persons and their husbands and 82

293 Cross-examination as to credit [Repealed] 82 294 Criminating questions [Repealed] 82 295 Evidence of prisoners [Repealed] 82 296 Judicial notice of Acts, etc [Repealed] 83 297 Judicial notice of seals, etc [Repealed] 83 298 Power to administer oaths [Repealed] 83 299 Form of oath [Repealed] 83 300 Absence of religious belief [Repealed] 83 301 Affirmation may be made instead of oath [Repealed] 83 302 Form of affirmation [Repealed] 83 303 Evidence of children without oath [Repealed] 83 304 Necessity of oath [Repealed] 84

Part 8 Extradition

Extradition from Niue to New Zealand or to the Cook Islands

305 Arrest in Niue of fugitive offenders from New Zealand 84 or the Cook Islands

306 Order of return to New Zealand or to the Cook Islands 84 307 Refusal of order in case of hardship 84 308 Imprisonment or release pending return 85 309 Release on security instead of return 85 310 Return to New Zealand or to the Cook Islands in custody 85 311 Cancellation of order of return 86

Reprinted as at 20 September 2007 Niue Act 1966

Extradition from New Zealand to Niue 312 Arrest in New Zealand of fugitive offenders from Niue 86 313 Order of return to Niue 86 314 Judicial notice of signature to warrant 86 315 Refusal of order in case of hardship 87 316 Imprisonment or release pending return 87 317 Release on security instead of return 87 318 Return to Niue in custody 88 319 Cancellation of order of return 88

Application of Extradition Act to Niue 320 Extradition Act in force in Niue 88

Part 9 Crown suits [Repealed]

321 Crown proceedings in Niue [Repealed] 90 322 Authority of Attorney-General and 90

Solicitor-General [Repealed]

Part 10 Crown land [Repealed]

323 All land in Niue vested in the Crown [Repealed] 90 324 Grants of Crown land [Repealed] 90 325 Reserves of Crown land for public purposes [Repealed] 90 326 Taking of land for public purposes [Repealed] 91 327 Revocation of Order in Council taking land [Repealed] 91 328 Compensation for land taken [Repealed] 91 329 Resumption of Crown land for public purposes [Repealed] 91 330 Reservation of land so taken or resumed [Repealed] 91 331 Purchase of land for public purposes [Repealed] 91 332 Control of Crown land by Resident 91

Commissioner [Repealed] 333 Public purposes defined [Repealed] 91 334 Saving of reserves under the Cook Islands Government 92

Act 1908 [Repealed]

Part 11 The Land Court of Niue

[Repealed]

Constitution of the Land Court [Repealed]

335 Land Court established [Repealed] 92

Reprinted as at Niue Act 1966 20 September 2007

336 Judges and Commissioners of the Land Court [Repealed] 92

Commissioners [Repealed]

Land Court [Repealed]

Court [Repealed]

337 Appointment and tenure of Judges and 92

338 Temporary Judges [Repealed] 92 339 Judges of Maori Land Court may be appointed to Niue 93

340 Salary of Judges and Commissioners [Repealed] 93 341 Resident Commissioner may act as Judge of the Land 93

342 Commissioner of Land Court [Repealed] 93 343 Registrar and Deputy Registrar of Land Court [Repealed] 93 344 Administrative officers [Repealed] 93 345 Records of Land Court [Repealed] 93 346 Registers [Repealed] 94 347 Seal of the Land Court [Repealed] 94 348 Deputy of Chief Judge [Repealed] 94

Procedure of the Land Court [Repealed]

349 Rules of court [Repealed] 94

Judges [Repealed]

350 Applications to court [Repealed] 94 351 Exercise of supplementary jurisdiction [Repealed] 94 352 Powers of Judges [Repealed] 94 353 Proceedings in Land Court before different 95

354 Sittings of court [Repealed] 95 355 Summons to witnesses [Repealed] 95 356 Costs [Repealed] 95 357 Security for costs [Repealed] 95 358 Costs may be charged on land [Repealed] 95 359 Right of audience [Repealed] 95 360 Amendments of defects [Repealed] 95 361 Amendments of records [Repealed] 96 362 Rehearing [Repealed] 96

Orders [Repealed]

363 Amendment of orders after title ascertained [Repealed] 96

Court [Repealed]

364 Annulment of orders obtained by fraud [Repealed] 96 365 Enforcement of orders of Land Court by High 96

366 Enforcement of charges [Repealed] 96 367 Final orders [Repealed] 96 368 Partition orders [Repealed] 97

Reprinted as at 20 September 2007 Niue Act 1966

369 Orders in respect of deceased persons [Repealed] 97 370 Orders bind all persons interested [Repealed] 97 371 Validity of orders [Repealed] 97

Contempt of the Land Court [Repealed]

372 Contempt of court defined [Repealed] 97 373 Penalty for contempt [Repealed] 97 374 Jurisdiction in contempt [Repealed] 97 375 Contempt in face of the court [Repealed] 98 376 Arrest on warrant [Repealed] 98 377 Conviction by Land Court [Repealed] 98 378 Enforcement of fine [Repealed] 98 379 Discharge of persons in contempt [Repealed] 98 380 Jurisdiction in contempt may be exercised at any time or 98

place [Repealed]

Additional jurisdiction [Repealed]

381 Miscellaneous jurisdiction of Land Court [Repealed] 98 382 Access to Niuean land [Repealed] 99 383 Order in Council may confer jurisdiction on Land 99

Court [Repealed]

Surveys [Repealed]

384 Land Court may order surveys [Repealed] 99 385 Entry for purpose of survey [Repealed] 99

Part 12 The Land Appellate Court of Niue

[Repealed] 386 Land Appellate Court established [Repealed] 99 387 Judges of the Land Appellate Court [Repealed] 100 388 Proceedings may be continued before different 100

Judges [Repealed] 389 Decision of majority to be decision of court [Repealed] 100 390 Officers of Land Court to be officers of Land Appellate 100

Court [Repealed] 391 Seal [Repealed] 100 392 Rules of court [Repealed] 100 393 Sittings of Land Appellate Court [Repealed] 100 394 Appeals from Land Court [Repealed] 100 395 Appeals from provisional determinations as to title to 101

land [Repealed]

Reprinted as at Niue Act 1966 20 September 2007

396 Successive appeals in respect of same matter [Repealed] 101 397 Powers of Land Appellate Court on appeal [Repealed] 101 398 Dismissal of appeal for non-prosecution [Repealed] 101 399 Variation deemed part of original order [Repealed] 101 400 Orders of Land Appellate Court [Repealed] 101 401 Witnesses and costs in Land Appellate Court [Repealed] 101 402 Right of audience and contempt [Repealed] 101 403 Enforcement of orders and charges [Repealed] 102 404 Land Appellate Court may order surveys [Repealed] 102

Part 13 Customary land [Repealed]

405 Order in Council declaring land to be free from customary 102 title [Repealed]

mark [Repealed]

land [Repealed]

406 Validity of dispositions of land by the Crown [Repealed] 102 407 Niuean customary title limited by high-water 102

408 For certain purposes customary land to be deemed Crown 102

409 Investigation of title to customary land [Repealed] 103 410 Niuean customs to be recognised [Repealed] 103 411 Freehold orders [Repealed] 103 412 Effect of freehold orders [Repealed] 103 413 Tenancy in common [Repealed] 103 414 Freehold orders in favour of persons deceased [Repealed] 103

Part 14 Partition and exchange of Niuean land

[Repealed]

Partition orders [Repealed]

415 Jurisdiction to partition Niuean land [Repealed] 104

partition [Repealed]

416 Partition orders [Repealed] 104 417 Apportionment of encumbrances on partition [Repealed] 104 418 Mode of partition [Repealed] 104 419 Land to be partitioned into suitable areas [Repealed] 104 420 Combination of several areas of land for purpose of 104

421 Payments by way of equality of partition [Repealed] 104 422 Trustees on partition [Repealed] 105 423 Encumbrances or undivided interests on 105

Reprinted as at 20 September 2007 Niue Act 1966

Orders of exchange [Repealed]

424 Jurisdiction to effect exchange of Niuean land [Repealed] 105 425 Exchange of freehold interests only [Repealed] 105 426 Conditions of exchange [Repealed] 105 427 Exchange for Crown land [Repealed] 105 428 Effect of order of exchange [Repealed] 105 429 Payment for equality of exchange [Repealed] 106 430 Land obtained in exchange becomes Niuean 106

land [Repealed]

Part 15 Alienation of Niuean land

[Repealed]

Restrictions on alienation [Repealed]

431 Removal on restrictions on alienation [Repealed] 106 432 Alienation of customary land prohibited [Repealed] 106 433 Alienation in fee simple prohibited [Repealed] 106 434 Alienation for a longer period than 60 years 107

prohibited [Repealed] 435 Leases for public purposes or church purposes [Repealed] 107 436 Land Court may make orders as to occupation of Niuean 107

land [Repealed] 437 Alienation by way of security prohibited [Repealed] 107 438 Alienation of things growing on or attached to land 107

deemed an alienation of land [Repealed] 439 Disposition of life interest to be deemed an alienation of 107

land [Repealed] 440 Assignment of rents or profits prohibited [Repealed] 107 441 Alienation by trustees of Niuean land [Repealed] 108

Execution of instruments of alienation [Repealed]

442 Alienations must be in writing [Repealed] 108 443 Execution of instruments out of Niue [Repealed] 108 444 Execution of renewals of leases [Repealed] 108

Confirmation [Repealed]

445 Confirmation necessary [Repealed] 108 446 Application for confirmation [Repealed] 108 447 Orders of confirmation [Repealed] 109 448 Effect of confirmation [Repealed] 109

Reprinted as at Niue Act 1966 20 September 2007

449 Confirmation of inconsistent instruments [Repealed] 109 450 Conditions of confirmation [Repealed] 109 451 Alienation in pursuance of confirmed contracts [Repealed] 109 452 Alteration of instruments on confirmation [Repealed] 109 453 Validity and operation of confirmed 109

instruments [Repealed] 454 Alienation to the Crown [Repealed] 109

Niuean reservations [Repealed]

455 Establishment of Niuean reservations [Repealed] 110 456 Revocation or variation of reservation [Repealed] 110 457 Reservations inalienable [Repealed] 110 458 Management and control of reservations [Repealed] 110

Miscellaneous provisions [Repealed]

459 Niuean land not to be taken in execution [Repealed] 110 460 Payment into Land Court of rents and other proceeds of 110

alienations [Repealed]

Part 16 Land development [Repealed]

461 Application of this Part [Repealed] 111 462 Cabinet of Ministers may cultivate land on behalf of 111

owners [Repealed] 463 Disposal of revenues received by Cabinet of 111

Ministers [Repealed] 464 Money to be paid out of or into Niue Government 111

Account [Repealed] 465 Resident Commissioner may delegate powers [Repealed] 111 466 Interference and obstruction prohibited [Repealed] 111 467 Regulations [Repealed] 112

Part 17 Housing improvement

[Repealed] 468 Interpretation [Repealed] 112 469 Housing Improvement Fund [Repealed] 112 470 Housing improvement scheme [Repealed] 112 471 Rate of interest [Repealed] 112 472 Security for advances other than to societies [Repealed] 112 473 Advances to societies [Repealed] 113 474 Repayment of advances [Repealed] 113

Reprinted as at 20 September 2007 Niue Act 1966

475 Securities to be taken in name of Her Majesty [Repealed] 113 476 Assignment of money as security may be 113

irrevocable [Repealed] 477 Alienation and assignment as security for 113

advances [Repealed] 478 Assignments of money from land vested in 113

trustees [Repealed] 479 Advances to be paid as Resident Commissioner 113

directs [Repealed] 480 Charging order may be made [Repealed] 113 481 Discharge of charging orders [Repealed] 114 482 Appointment of receiver to enforce charges [Repealed] 114 483 Expenditure for protection of securities [Repealed] 114

Part 18 Vesting orders [Repealed]

484 Vesting orders [Repealed] 114 485 Duty on vesting orders [Repealed] 114 486 Court may cancel vesting order [Repealed] 114 487 Succession to interest under vesting order [Repealed] 115 488 Land subject to mortgage or encumbrance [Repealed] 115

Part 19 Niuean succession [Repealed]

489 Wills of Niueans [Repealed] 115 490 Succession to deceased Niueans [Repealed] 115 491 Niuean land not to vest in administrator [Repealed] 115 492 Succession orders [Repealed] 115 493 Effect of succession order [Repealed] 116 494 Revocation of succession orders [Repealed] 116 495 No action without succession order [Repealed] 116 496 No alienation without succession order [Repealed] 116 497 Niuean land not assets for payment of debts [Repealed] 116 498 Estate of Niuean other than land to be assets for payment 116

of debts [Repealed] 499 Interest in Niuean land to include all things growing on or 116

attached to land [Repealed]

Part 20 Trustees for Niueans

[Repealed] 500 Definition of person under disability [Repealed] 117

Reprinted as at Niue Act 1966 20 September 2007

501 Trustee orders [Repealed] 117 502 Matters to be set forth in trustee orders [Repealed] 117 503 Appointment of new trustees [Repealed] 117 504 Orders restricting powers of trustees [Repealed] 117 505 Cancellation of trustee orders [Repealed] 117 506 Determination of trustee orders [Repealed] 117 507 Trust property not to vest in trustee [Repealed] 118 508 Administration of property by trustee [Repealed] 118 509 Alienation of property by trustee [Repealed] 118 510 Powers of trustee [Repealed] 118 511 Expenditure of revenues of trust property [Repealed] 118 512 Enforcement of trusts [Repealed] 118 513 Co-trustees must act jointly [Repealed] 118 514 Remuneration of trustees [Repealed] 118

Part 21 Marriage [Repealed]

515 Prohibited degrees of consanguinity or affinity [Repealed] 119

marriage [Repealed]

516 Marriages to take place before marriage officer [Repealed] 119 517 Marriage officer defined [Repealed] 119 518 Appointment of marriage officers [Repealed] 119 519 Offence [Repealed] 119 520 Notice of marriage [Repealed] 119 521 Mode of solemnisation [Repealed] 119 522 Record of marriage [Repealed] 120 523 Signature of record [Repealed] 120 524 Transmission of record [Repealed] 120 525 Minimum age of marriage [Repealed] 120 526 Marriage of minors [Repealed] 120 527 Offence by marriage officer [Repealed] 120 528 Signature of false record by party or witness [Repealed] 120 529 Misrepresentation as to facts to procure 120

Part 22 Divorce [Repealed]

530 Jurisdiction of High Court in divorce [Repealed] 121

marriage [Repealed] 531 Nullity of marriage and dissolution of voidable 121

532 Limitation of jurisdiction [Repealed] 121 533 Domicile and residence [Repealed] 121

Reprinted as at 20 September 2007 Niue Act 1966

534 Grounds of divorce and jurisdiction of High 121 Court [Repealed]

535 Grounds of refusal of divorce [Repealed] 121 536 Discretion to refuse decree in certain cases [Repealed] 121 537 Co-respondent as a party [Repealed] 122 538 Intervention [Repealed] 122 539 Agreement no bar to divorce [Repealed] 122 540 No appeal to Court of Appeal [Repealed] 122 541 Remarriage of divorced persons [Repealed] 122 542 Costs [Repealed] 122 543 Order for maintenance of divorced wife [Repealed] 122 544 Order as to custody of children [Repealed] 122 545 Molestation of divorced wife by her husband [Repealed] 123 546 Jurisdiction of Supreme Court [Repealed] 123

Part 23 Maintenance and affiliation

[Repealed] 547 Interpretation [Repealed] 123

Maintenance and affiliation orders [Repealed]

548 Jurisdiction of High Court [Repealed] 123 549 Applications [Repealed] 123 550 Jurisdiction discretionary [Repealed] 124 551 Affiliation orders [Repealed] 124 552 Evidence [Repealed] 124 553 Maintenance order in favour of child born out of 124

wedlock [Repealed] 554 Maintenance order against father in favour of 124

child [Repealed] 555 Maintenance order against mother in favour of 124

child [Repealed] 556 Maintenance order against husband in favour of 124

wife [Repealed] 557 Maintenance order against wife in favour of 124

husband [Repealed] 558 Maintenance order against any person in favour of father 125

or mother [Repealed] 559 Disobedience to maintenance order [Repealed] 125 560 Maintenance money a debt [Repealed] 125 561 Order in favour of non-residents [Repealed] 125 562 Order against non-residents [Repealed] 125 563 Orders in absentia [Repealed] 125

Reprinted as at Niue Act 1966 20 September 2007

564 Repeated applications [Repealed] 125 565 Payments not to be made in advance [Repealed] 125 566 Cancellation, variation, and suspension of 126

orders [Repealed] 567 Payment of maintenance money [Repealed] 126 568 Security for obedience to maintenance orders [Repealed] 126 569 Operation of agreements [Repealed] 126 570 Purport and duration of maintenance orders [Repealed] 126 571 Order for past maintenance [Repealed] 126

Offences [Repealed]

572 Leaving Niue while maintenance money in 126 arrear [Repealed]

child [Repealed]

order [Repealed]

573 Leaving Niue after affiliation order and before birth of 127

574 Leaving Niue with intent to disobey maintenance 127

575 Leaving Niue while failing to maintain wife [Repealed] 127 576 Leaving Niue while failing to maintain child [Repealed] 127 577 Leaving Niue with intent to desert wife or child [Repealed] 127 578 Attempting to leave Niue [Repealed] 127 579 Evidence of intent [Repealed] 127

Part 24 Adoption of children by Niueans

[Repealed] 580 Adoption by Niuean custom invalid [Repealed] 128

dying before 5 December 1921 [Repealed] 582 Validity of adoption registered before 1 April 128

1916 [Repealed]

land [Repealed]

1921 [Repealed]

581 Adoption by Niuean custom before 1 April 1916 by parent 128

583 Orders of adoption [Repealed] 128 584 Applications for adoption [Repealed] 128 585 Who may be adopted [Repealed] 128 586 Conditions of adoption [Repealed] 129 587 Consent of natural parents required [Repealed] 129 588 Adoptions by more than 1 person [Repealed] 129 589 Annulment of orders of adoption [Repealed] 129 590 Effect of adoption [Repealed] 129 591 Effect of orders of adoption on interests in Niuean 129

592 Orders of adoption under Cook Islands Amendment Act 129

Reprinted as at 20 September 2007 Niue Act 1966

Part 25 Adoption of children by Europeans and Niuean

spouses of Europeans [Repealed]

593 High Court may make adoption orders [Repealed] 130 594 Persons who may apply for adoption order [Repealed] 130 595 Who may be adopted [Repealed] 130 596 Restrictions on making adoption orders [Repealed] 130 597 Consents to adoptions [Repealed] 130 598 Effect of order of adoption [Repealed] 130 599 Annulment of order of adoption [Repealed] 131

Part 26 Persons of unsound mind Orders of medical custody

600 Application by Medical Officer to High Court [Repealed] 131

mind [Repealed]

custody [Repealed]

Zealand

mind [Repealed]

601 Medical certificates as to persons of unsound 131

602 Order of medical custody [Repealed] 131 603 Renewal of order [Repealed] 131 604 Cancellation of order [Repealed] 131 605 Discharge from custody [Repealed] 131 606 Arrest and detention of persons committed to medical 132

607 Treatment of person so detained [Repealed] 132 608 Removal from Niue to New Zealand 132 609 Conditions of removal 132 610 Method of removal 132 611 Admission to hospital of persons removed to New 133

612 Administration of estates of persons of unsound 134

613 No committee of estate of person of unsound 134

614 Warrant for arrest of persons of unsound mind [Repealed] 134 615 Arrest without warrant of persons of unsound 134

Persons of unsound mind charged with offences 616 Insane persons not to be tried for offences [Repealed] 134

insanity [Repealed] 617 Detention of accused persons acquitted on ground of 134

618 Discharge [Repealed] 134

Reprinted as at Niue Act 1966 20 September 2007

619 Orders of medical custody 135 620 The defence of insanity in criminal 135

prosecutions [Repealed]

Part 27 Intoxicating liquor [Repealed]

621 Interpretation [Repealed] 135

liquor [Repealed]

or imported [Repealed]

persons [Repealed]

intoxicating liquor [Repealed]

intoxicating liquor [Repealed] 633 Names of persons found on premises searched may be 137

demanded [Repealed]

621A Importation of intoxicating liquor [Repealed] 135 622 Liquor control authority [Repealed] 136 623 Manufacture of intoxicating liquor prohibited [Repealed] 136 624 Importation of intoxicating liquor [Repealed] 136 625 Cabinet of Ministers may import intoxicating 136

626 Offences as to intoxicating liquor illegally manufactured 136

627 Sale of intoxicating liquor [Repealed] 136 628 Restrictions on giving intoxicating liquor to other 136

629 Arrest of persons suspected of having illegally dealt with 137

630 Seizure and forfeiture of intoxicating liquor [Repealed] 137 631 Search warrant [Repealed] 137 632 Persons found on premises deemed illegally dealing in 137

Part 28 Roads [Repealed]

634 Road defined [Repealed] 137

title [Repealed]

635 Existing roads [Repealed] 138 636 Proclamation of existing roads [Repealed] 138 637 Proclamation of new roads [Repealed] 138 638 Roads not to vest in the Crown [Repealed] 138 639 Maintenance and control of roads [Repealed] 138 640 Effect of freehold order on roads [Repealed] 138 641 Roads laid out on portion or investigation of 138

642 Dedication of roads by Niueans [Repealed] 138 643 Closing of roads [Repealed] 139 644 Warrants as to roads to be gazetted [Repealed] 139

Reprinted as at 20 September 2007 Niue Act 1966

Part 29 Niuean antiquities [Repealed]

645 Interpretation [Repealed] 139 646 Cabinet of Ministers may acquire Niuean 139

antiquities [Repealed] 647 Niuean antiquities to be offered for sale before 139

exportation [Repealed] 648 Power to detain Niuean antiquities attempted to be 139

exported [Repealed] 649 Exporting Niuean antiquities without 140

permission [Repealed] 650 Power to remove antiquities in certain cases [Repealed] 140 651 Right to copy of antiquities intended to be 140

exported [Repealed] 652 Cabinet of Ministers to decide what articles come under 140

this Part [Repealed] 653 Regulations [Repealed] 140

Part 30 Customs [Repealed]

654 Customs and Excise Act 1996 in force in Niue [Repealed] 140 655 Niue Assembly may modify Tariff or substitute new 141

Tariff [Repealed] 656 Goods may be imported from New Zealand or Cook 141

Islands free of duty [Repealed] 657 Niue Assembly may impose duties in certain 141

cases [Repealed] 658 Actions and prosecutions in relation to Niue [Repealed] 141

Part 31 The Niue Public Service

659 Interpretation 141 660 Appointments of employees [Repealed] 142 661 Exemptions [Repealed] 142 662 State Sector Act 1988 not applicable [Repealed] 142 663 Delegation of powers [Repealed] 142 664 Functions, powers, and duties of State Services 142

Commission [Repealed] 665 Public Service Regulations [Repealed] 142 666 Payment of salary and allowances [Repealed] 143

Reprinted as at Niue Act 1966 20 September 2007

667 Bonds and deeds of covenant by employees or prospective 143 employees [Repealed]

Niue Public Service

employees of the Niue Public Service

seconded to Tokelau Islands Administration [Repealed]

668 Concurrent offices [Repealed] 143 669 Employment in New Zealand Government Service and 143

670 Contribution to Government Superannuation Fund by 145

671 Employees of New Zealand Government Service 148

Part 32 The laws of Niue: General provisions Application of the laws of New Zealand

672 Law of England as in the year 1840 to be in force in 148 Niue [Repealed]

concurrently [Repealed]

Niue [Repealed]

regulations to be in force also [Repealed]

this Act [Repealed]

in Niue [Repealed]

Niue [Repealed]

673 Jurisdiction of the High Court [Repealed] 148 674 Common law and equity to be administered 148

675 Statute law of New Zealand not applicable to 148

676 When enactment in force in Niue, amendments and 148

677 Other enactments in force in Niue to be read subject to 149

678 Criminal procedure in Niue [Repealed] 149 679 Interpretation Act in force in Niue [Repealed] 149 680 Administration Act in force in Niue [Repealed] 149 681 Arbitration Act in force in Niue [Repealed] 149 682 Bills of Exchange Act in force in Niue [Repealed] 149 683 Carriage of Goods Act in force in Niue [Repealed] 149 683A Charitable Trusts Act in force in Niue 149 684 Personal Property Securities in force in Niue [Repealed] 150 684A Citizenship Act in force in Niue [Repealed] 150 685 Sections 23, 25, and 26 of Control of Prices Act in force 150

686 Copyright Act in force in Niue 150 687 Deaths by Accidents Compensation Act in force in 150

688 Demise of the Crown Act in force in Niue [Repealed] 151 689 Designs Act in force in Niue 151 689A Misuse of Drugs Act in force in Niue [Repealed] 151 690 Incorporated Societies Act in force in Niue 151

Reprinted as at 20 September 2007 Niue Act 1966

691 Industrial and Provident Societies Act in force in 151 Niue [Repealed]

692 Parts of Infants Act in force in Niue [Repealed] 151 693 Marine Insurance Act in force in Niue [Repealed] 152 694 Mercantile Law Act in force in Niue 152 695 Merchandise Marks Act in force in Niue 152 696 Occupiers Liability Act in force in Niue [Repealed] 152 697 Partnership Act in force in Niue [Repealed] 152 698 Patents Act in force in Niue 152 699 Post Office Act in force in Niue 153 700 Property Law Act in force in Niue [Repealed] 153 701 Sale of Goods Act in force in Niue [Repealed] 153 701A Seal of New Zealand Act in force in Niue [Repealed] 153 702 Trade Marks Act in force in Niue 153 703 Trustee Act in force in Niue [Repealed] 154 704 Wills Act Amendment Act 1852 in force in 154

Niue [Repealed] 705 Merchant Shipping Act (UK) not to apply to 154

Niue [Repealed] 706 Limitation of actions 154

Miscellaneous rules of law 707 Legal status of married women [Repealed] 155 708 Legitimacy [Repealed] 155 709 Joint liability [Repealed] 155 710 Contracts of guarantee [Repealed] 155 711 Contracts [Repealed] 155 712 Securities given by Niueans [Repealed] 155 713 Employer’s liability [Repealed] 155 714 Liability of owners of dogs [Repealed] 155 715 Distress for rent abolished [Repealed] 156 716 Libel and slander actionable without proof of special 156

damage [Repealed] 717 Calendar of Niue [Repealed] 156 718 Time of day in Niue [Repealed] 156 719 Statutory references to time [Repealed] 156 720 Statutory declarations 156 721 Execution of documents in Niue for use in New Zealand 157 722 Taxes on Niuean land [Repealed] 157 723 Bankruptcy [Repealed] 157 724 Warrants of arrest [Repealed] 157 725 Trespass ab initio [Repealed] 157

Reprinted as at Niue Act 1966 20 September 2007

Miscellaneous provisions [Repealed]

726 Banking [Repealed] 158 727 Sale of island products by Cabinet of Ministers on behalf 158

of planters [Repealed]

Oath of allegiance and judicial oath [Repealed]

728 Certain officers to take oath of allegiance and judicial 158 oath [Repealed]

Part 33 Transitional provisions, savings, and consequential

amendments [Repealed]

729 Cook Islands Act and amendments not to apply to 158 Niue [Repealed]

730 The High Court [Repealed] 159 731 The Land Court [Repealed] 159 732 The Land Appellate Court [Repealed] 159 733 The Niue Public Service [Repealed] 159 734 Customs [Repealed] 159 735 Consequential amendments [Repealed] 159

Schedule 1 160 Reserved enactments

[Repealed]

Schedule 2 161 Form of declaration

Schedule 3 162 Enactments ceasing to be in force in Niue

[Repealed]

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to the Government and laws of Niue

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

Short Title and commencement (1) This Act may be cited as the Niue Act 1966. 1

Reprinted as at 20 September 2007 Niue Act 1966 s 2

(2) Part 30 shall come into force on a date to be appointed for the commencement thereof, by Order in Council.

(3) Except as provided in subsection (2), this Act shall come into force on 1 January 1967 (hereinafter referred to as the com- mencement of this Act). Section 1(2): Part 30 brought in force, on 1 January 1970, by the Niue Act Commencement Order 1969 (SR 1969/232).

Interpretation In this Act, unless the context otherwise requires,— Cabinet means the Cabinet of Ministers of Niue established by Article 2 of the Constitution Comptroller of Customsmeans the officer of the Niue Public Service holding the position of Comptroller of Customs; and includes his deputy lawfully acting in place of the Comptroller constablemeans an officer of police of theNiue Public Service the Constitution means the Constitution of Niue, as set out in the Niuean language in Schedule 1 of the Niue Constitution Act 1974 and in the English language in Schedule 2 of that Act Director of Health means the Director of Health of Niue ap- pointed under section 23 enactment has the same meaning as in Article 82(1) of the Constitution external affairs includes relations with other countries, and with international organisations, and the representation of other countries in Niue High Court means the High Court of Niue judgment includes any judicial decree, order, or determin- ation, whether in an action or in any other judicial proceeding, whether civil or criminal Land Appellate Court means the Land Appellate Court of Niue Land Court means the Land Court of Niue medical officermeans any person authorised, pursuant to sec- tion 21, to engage in the practice of medicine or surgery in Niue, for fee, salary, or other remuneration or reward; and in- cludes the Director of Health

Reprinted as at s 2 Niue Act 1966 20 September 2007

Minister means the Minister of Foreign Affairs and Trade New Zealand means New Zealand exclusive of Niue, the Cook Islands, and Tokelau Niue Public Service has the same meaning as in Article 82(1) of the Constitution Niue Public Service Commission or Commissionmeans the Niue Public Service Commission established by Article 82(1) of the Constitution Niuean means a person belonging to the aboriginal race of Niue; and includes a person descended from a Niuean offence includes all offences punishable by way of criminal proceedings under this or any other enactment order means, in respect of the High Court or the Land Court, any order, judgment, decision, or determination of that court Premier has the same meaning as in Article 82(1) of the Con- stitution Registrar, in relation to any court, includes the Deputy Regis- trar regulations means regulations made under this Act or con- tinuing in force under this Act. Compare: 1915 No 40 ss 2(1), 226(4); 1921 No 14 s 2; 1943 No 4 s 5(2), (5), (6); 1946 No 30 s 41; 1950 No 92 s 11; 1957 No 103 ss 89(2), 95(1); 1965 No 1 s 3(1) Section 2 Act: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 aerodrome and aircraft: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 alienation: repealed, on 1 November 1969, by section 102(1) of the Niue Amendment Act (No 2) 1968 (1968 No 132). Section 2 Attorney-General: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 Cabinet: inserted, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2Commission: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 the Constitution: inserted, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 Crown land: repealed, on 1 November 1969, by section 102(1) of the Niue Amendment Act (No 2) 1968 (1968 No 132). Section 2 customary land: repealed, on 1 November 1969, by section 102(1) of the Niue Amendment Act (No 2) 1968 (1968 No 132).

Reprinted as at 20 September 2007 Niue Act 1966 s 2

Section 2 Defence: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 Director of Health: inserted, on 9 December 1971, by section 18(1) of the Niue Amendment Act 1971 (1971 No 143). Section 2 enactment: replaced, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 European: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 European land: repealed, on 1 November 1969, by section 102(1) of the Niue Amendment Act (No 2) 1968 (1968 No 132). Section 2 Executive Committee: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 Island Assembly: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 Leader of Government: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 medical officer: replaced, on 9 December 1971, by section 18(2) of the Niue Amendment Act 1971 (No 1971 No 143). Section 2Minister: replaced, on 8 November 1974, by section 2(1) of the Niue Amendment Act (No 2) 1974 (1974 No 110). Section 2 Minister: amended, on 1 July 1993, pursuant to section 9(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48). Section 2 New Zealand: amended, on 9 December 1976, pursuant to section 3(8) of the Tokelau Amendment Act 1976 (1976 No 122). Section 2 Niue Assembly or Assembly: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 Niue Public Service: replaced, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2Niue Public Service Commission orCommission: inserted, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 Niuean custom: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 Niuean freehold land: repealed, on 1 November 1969, by section 102(1) of the Niue Amendment Act (No 2) 1968 (1968 No 132). Section 2 Niuean land: repealed, on 1 November 1969, by section 102(1) of the Niue Amendment Act (No 2) 1968 (1968 No 132). Section 2Ordinance: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 Premier: inserted, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 prescribed: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 public place: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71).

s 3 Niue Act 1966 Reprinted as at

20 September 2007

Section 2Resident Commissioner: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 2 rules of court: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 Secretary: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 valuable security: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71). Section 2 will: repealed, on 20 September 2007, by section 4 of the Niue Amendment Act 2007 (2007 No 71).

3 Application Except so far as a contrary intention appears, this Act shall apply to Niue only and not to New Zealand. Compare: 1915 No 40 s 3

Part 1 The Executive Government of Niue

[Repealed] Part 1: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

4 Executive government vested in the Crown [Repealed] Section 4: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

5 Resident Commissioner of Niue [Repealed] Section 5: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

6 Deputy of Resident Commissioner [Repealed] Section 6: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Reprinted as at 20 September 2007 Niue Act 1966 Part 1 s 12

7 Seal of Niue [Repealed] Section 7: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

The Executive Committee of Niue [Repealed]

Heading: repealed, at 11 pm on 19 October 1974, pursuant to section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

8 Executive Committee [Repealed] Section 8: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

9 Leader of Government [Repealed] Section 9: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

10 Appointment of members of Executive Committee after election of Leader of Government [Repealed] Section 10: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

11 Vote of confidence in Executive Committee [Repealed] Section 11: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

12 Vacation of office by appointed members of Executive Committee [Repealed] Section 12: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Reprinted as at Part 1 s 13 Niue Act 1966 20 September 2007

13 Temporary members of Executive Committee [Repealed] Section 13: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

14 Assignment of responsibilities to members of Executive Committee [Repealed] Section 14: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

14A Meetings of Executive Committee [Repealed] Section 14A: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

14B Exercise of powers of Resident Commissioner [Repealed] Section 14B: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

14C Rules, other enactments, and decisions of Executive Committee or Resident Commissioner [Repealed] Section 14C: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

14D Clerk of the Executive Committee [Repealed] Section 14D: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

The public revenues of Niue [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 1 s 21

15 Public funds and public revenue [Repealed] Section 15: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

16 Loans to Niue Government Account [Repealed] Section 16: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

17 Treasurer of Niue [Repealed] Section 17: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

18 Revenue and expenditure [Repealed] Section 18: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

19 Traders’ deposit accounts [Repealed] Section 19: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

20 Audit [Repealed] Section 20: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Public health [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

21 Persons authorised to practise medicine or surgery [Repealed] Section 21: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 1 s 22 Niue Act 1966 20 September 2007

22 Offences [Repealed] Section 22: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

23 Director of Health [Repealed] Section 23: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

23A Medical services [Repealed] Section 23A: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

24 Hospitals and other institutions of public health [Repealed] Section 24: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

25 Compulsory transfer of lepers [Repealed] Section 25: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Prisons and police [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

26 Establishment of prisons [Repealed] Section 26: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

27 Detention of persons in custody [Repealed] Section 27: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 2 s 31

28 Labour instead of imprisonment [Repealed] Section 28: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

29 Appointment of officers of police and prisons [Repealed] Section 29: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Education [Repealed]

Heading: repealed, at 11 pm on 19 October 1974, pursuant to section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

30 Education to be provided for people of Niue [Repealed] Section 30: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Part 2 The Legislative Government of Niue

[Repealed] Part 2: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

The Niue Island Assembly [Repealed]

Heading: repealed, at 11 pm on 19 October 1974, pursuant to section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

31 Niue Island Assembly [Repealed] Section 31: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Reprinted as at Part 2 s 31A Niue Act 1966 20 September 2007

31A Speaker of Island Assembly [Repealed] Section 31A: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

32 Prorogation and dissolution of Island Assembly [Repealed] Section 32: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

33 Members to take oath of allegiance [Repealed] Section 33: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

34 Procedure of Island Assembly [Repealed] Section 34: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

35 Privileges of Island Assembly and of its members [Repealed] Section 35: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

36 Clerk of the Island Assembly [Repealed] Section 36: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Ordinances [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

37 Island Assembly may make Ordinances [Repealed] Section 37: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Reprinted as at 20 September 2007 Niue Act 1966 Part 2 s 45

38 Ordinances repugnant to New Zealand Acts and regulations [Repealed] Section 38: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

39 Partial validity of Ordinances [Repealed] Section 39: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

40 Introduction of Bills, etc, into Island Assembly [Repealed] Section 40: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

41 Assent to Bills by Resident Commissioner [Repealed] Section 41: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

42 Commencement of Ordinances [Repealed] Section 42: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

43 Transmission to Secretary of Ordinances assented to [Repealed] Section 43: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

44 Disallowance of Ordinances [Repealed] Section 44: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

45 Transmission to Minister of reserved Bills [Repealed] Section 45: repealed, on 4 March 1972, by section 10(2) of the Niue Amend- ment Act 1971 (1971 No 143).

Reprinted as at Part 2 s 46 Niue Act 1966 20 September 2007

46 Assent to reserved Bills [Repealed] Section 46: repealed, on 4 March 1972, by section 10(2) of the Niue Amend- ment Act 1971 (1971 No 143).

47 Language of Ordinances [Repealed] Section 47: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

48 Publication of Ordinances, etc, in Niue Island Gazette [Repealed] Section 48: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Regulations [Repealed]

Heading: repealed, at 11 pm on 19 October 1974, pursuant to section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

49 Governor-General in Council may make regulations [Repealed] Section 49: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Village Councils [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

50 Village Councils [Repealed] Section 50: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

51 Village Council bylaws [Repealed] Section 51: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 3 s 57

52 Validity and disallowance of bylaws [Repealed] Section 52: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 3 The High Court of Niue Constitution of the High Court

[Repealed] Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

53 High Court established [Repealed] Section 53: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

54 Judges and Commissioners of the High Court [Repealed] Section 54: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

55 Appointment and tenure of Judges and Commissioners [Repealed] Section 55: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

56 Temporary Judges or Commissioners [Repealed] Section 56: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

57 Salaries of Judges and Commissioners [Repealed] Section 57: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Reprinted as at Part 3 s 58 Niue Act 1966 20 September 2007

58 Powers of Judges [Repealed] Section 58: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

59 Resident Commissioner may act as Judge of High Court [Repealed] Section 59: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

60 Commissioners of the High Court [Repealed] Section 60: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

61 Justices of the Peace [Repealed] Section 61: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

62 Registrar and Deputy Registrar of the High Court [Repealed] Section 62: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

63 Administrative officers [Repealed] Section 63: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

64 Seal of the High Court [Repealed] Section 64: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

65 Records of the High Court [Repealed] Section 65: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 3 s 72

Jurisdiction of the High Court [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

66 Jurisdiction of the High Court [Repealed] Section 66: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

67 Injunction, certiorari, mandamus, and prohibition [Repealed] Section 67: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

68 Habeas corpus [Repealed] Section 68: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

69 Custody of minors [Repealed] Section 69: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Procedure of the High Court 70 Rules of court

[Repealed] Section 70: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

71 Procedure so far as not governed by rules of court [Repealed] Section 71: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

72 Forms [Repealed] Section 72: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 3 s 73 Niue Act 1966 20 September 2007

73 Summons to witnesses [Repealed] Section 73: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

74 Default of witness [Repealed] Section 74: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

75 Commissioners to take evidence (1) The High Court may, in any civil or criminal proceedings

where it appears necessary for the purposes of justice, make an order for the examination on oath before any officer of the court or any other person or persons, and at any place either in or out of Niue, of any witness or person and may order any deposition so taken to be filed in the court, and may empower any party to the proceedings to give the deposition in evidence therein.

(2) Any person before whom any witness or person is to be exam- ined in New Zealand pursuant to an order made under sub- section (1) shall, for the purpose of examining that witness or person, have in New Zealand all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908, and all the provisions of that Act shall apply as if the examination were an inquiry under that Act. Compare: 1915 No 40 s 123; 1963 No 123 s 3

76 Evidence by affidavit sworn out of Niue [Repealed] Section 76: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

77 Witnesses may be ordered out of court [Repealed] Section 77: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 3 s 85

78 Affidavits in Niue [Repealed] Section 78: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

79 Evidence by affidavit [Repealed] Section 79: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

80 Right of audience in the High Court [Repealed] Section 80: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

81 Costs [Repealed] Section 81: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

82 Security for costs [Repealed] Section 82: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

83 Court fees [Repealed] Section 83: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

84 Minutes of judgments [Repealed] Section 84: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

85 Amendments [Repealed] Section 85: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 3 s 86 Niue Act 1966 20 September 2007

86 Rehearing of civil proceedings [Repealed] Section 86: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

87 Rehearing of criminal proceedings [Repealed] Section 87: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Execution of judgments 88 Writs of sale and possession

[Repealed] Section 88: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

89 Effect of writ of possession [Repealed] Section 89: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

90 Effect of writ of sale [Repealed] Section 90: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

91 Issue of writs of sale or possession [Repealed] Section 91: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

92 Charging orders [Repealed] Section 92: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 3 s 95

93 Stay of execution [Repealed] Section 93: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

94 Judgment summons [Repealed] Section 94: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

95 Enforcement of judgments of High Court in Supreme Court of New Zealand

(1) Any person in whose favour any judgment whereby any sum of money is made payable has been obtained in civil proceed- ings in the High Court may cause a memorial thereof, authen- ticated by the seal of the High Court, to be filed in any office of the Supreme Court of New Zealand.

(2) Judicial notice may be taken by the Supreme Court of the seal of the High Court so affixed to any such memorial.

(3) Every such memorial shall set forth the names and additions of the parties to the proceedings in which the judgment was given, the form or nature of the proceedings, the date on which the judgment was given, and the amount payable thereunder.

(4) Every such memorial being so filed shall thenceforth be a record of the judgment, and execution may issue thereon with the leave of the Supreme Court, in the same manner as if the like judgment had been given by the Supreme Court, subject, however, to such terms and conditions as the Supreme Court may think fit to impose.

(5) Leave to issue execution may be given by the Supreme Court on the application of the party by whom the memorial was filed, and either ex parte or on notice to the party against whom execution is to be issued, as the Supreme Court thinks fit.

(6) Such leave shall not be granted, unless the Supreme Court is satisfied, by affidavit or otherwise,— (a) that the person against whom execution is to be issued

was resident or present in Niue at the commencement of the proceedings in which the judgment was given; or

Reprinted as at Part 3 s 96 Niue Act 1966 20 September 2007

(b) that the cause of action in the proceedings or some ma- terial part of that cause of action arose in Niue.

(7) Every such affidavit shall, if made in Niue, be sworn before a Judge of the High Court or a Commissioner of the Supreme Court. Compare: 1915 No 40 s 142

Absconding debtors [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

96 Order of arrest of absconding debtor [Repealed] Section 96: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

97 Security to be given [Repealed] Section 97: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

98 Enforcement of security [Repealed] Section 98: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

99 Arrest in actions for penalties [Repealed] Section 99: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

100 Enforcement of security in actions for penalties [Repealed] Section 100: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 3 s 105

Contempt of the High Court [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

101 Contempt of court defined [Repealed] Section 101: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

102 Penalty for contempt [Repealed] Section 102: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

103 Jurisdiction in contempt [Repealed] Section 103: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

104 Contempt in the face of the court [Repealed] Section 104: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

105 Discharge of persons in contempt [Repealed] Section 105: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 4 The Supreme Court of New Zealand Jurisdiction of the Supreme Court in Niue

[Repealed] Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

Reprinted as at Part 4 s 106 Niue Act 1966 20 September 2007

106 Civil jurisdiction of Supreme Court extends to Niue [Repealed] Section 106: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

107 Jurisdiction under the Declaratory Judgments Act 1908 [Repealed] Section 107: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

108 Criminal jurisdiction of Supreme Court in respect of Niue [Repealed] Section 108: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Cases stated by the High Court or Land Court or Land Appellate Court

[Repealed] Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

109 High Court or Land Court or Land Appellate Court may state a case for the Court of Appeal [Repealed] Section 109: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Cases stated by Supreme Court for Land Appellate Court [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

110 Supreme Court may state case for Land Appellate Court [Repealed] Section 110: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 4 s 117

Appeals from the High Court [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

111 Jurisdiction of Supreme Court on appeal from the High Court [Repealed] Section 111: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

112 Order granting leave to appeal [Repealed] Section 112: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

113 Transmission of record [Repealed] Section 113: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

114 Dismissal of appeal for non-prosecution [Repealed] Section 114: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

115 Procedure on appeal [Repealed] Section 115: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

116 Special leave to appeal may be granted by Supreme Court [Repealed] Section 116: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

117 Powers of Court of Appeal on appeal [Repealed] Section 117: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 4 s 118 Niue Act 1966 20 September 2007

118 Evidence on appeal [Repealed] Section 118: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

119 Stay of execution [Repealed] Section 119: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

120 Release of appellant from custody [Repealed] Section 120: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

121 Appeal not to be allowed for irregularities in procedure [Repealed] Section 121: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

122 Right of audience on appeal [Repealed] Section 122: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

123 Transmission of order of Court of Appeal on appeal [Repealed] Section 123: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

124 No appeal to the Court of Appeal [Repealed] Section 124: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

125 No certiorari, mandamus, or prohibition [Repealed] Section 125: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 129

Enforcement in Niue of judgments of New Zealand courts

126 Judgments of Supreme Court or District Court in New Zealand may be enforced by the High Court [Repealed] Section 126: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

127 Enforcement of judgments of Supreme Court by High Court by way of proceedings for contempt

(1) When by any judgment of the Supreme Court of New Zealand any person has been ordered to do or abstain from doing any act in Niue, other than the payment of money, the Supreme Court may then or at any time thereafter direct a memorial of the judgment under the seal of the court to be filed in the High Court.

(2) On the filing of such a memorial, any disobedience to the judg- ment, whether before or after the filing of the memorial, shall be deemed to be a contempt of the High Court. Compare: 1915 No 40 s 174

Commissioners of the Supreme Court 128 Commissioners of the Supreme Court may be appointed

in Niue Sections 47 to 49 of the Judicature Act 1908 (relating to Com- missioners to administer oaths) shall in New Zealand be con- strued and operate as if Niue were a place beyond the jurisdic- tion of the Supreme Court within the meaning of section 47 aforesaid, and Commissioners in Niue may be appointed by a Judge of the Supreme Court accordingly. Compare: 1915 No 40 s 175

Part 5 Criminal offences

129 Seditious offences defined [Repealed] Section 129: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 130 Niue Act 1966 20 September 2007

130 Punishment of seditious offences [Repealed] Section 130: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

131 Homicide defined [Repealed] Section 131: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

132 Killing of a child [Repealed] Section 132: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

133 Culpable homicide [Repealed] Section 133: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

134 Murder defined [Repealed] Section 134: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

135 Further definition of murder [Repealed] Section 135: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

136 Provocation [Repealed] Section 136: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

137 Illegal arrest may be evidence of provocation [Repealed] Section 137: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 145

138 Punishment of murder [Repealed] Section 138: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

139 Manslaughter [Repealed] Section 139: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

140 Punishment of manslaughter [Repealed] Section 140: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

141 Omissions dangerous to life [Repealed] Section 141: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

142 Duty to provide the necessaries of life [Repealed] Section 142: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

143 Duty of parent or guardian to provide necessaries [Repealed] Section 143: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

144 Liability of persons having charge of dangerous things [Repealed] Section 144: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

145 Hastening death [Repealed] Section 145: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 146 Niue Act 1966 20 September 2007

146 Indirect cause of death [Repealed] Section 146: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

147 Attempted murder [Repealed] Section 147: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

148 Conspiracy and inciting to murder [Repealed] Section 148: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

149 Counselling suicide [Repealed] Section 149: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

150 Concealment of birth [Repealed] Section 150: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

151 Grievous bodily harm [Repealed] Section 151: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

152 Actual bodily harm [Repealed] Section 152: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

153 Omissions resulting in bodily harm [Repealed] Section 153: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 160

154 Intentionally endangering persons on aerodromes, etc [Repealed] Section 154: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

155 Wantonly endangering persons on or near aerodromes, etc [Repealed] Section 155: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

156 Indecent assault [Repealed] Section 156: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

157 Assault [Repealed] Section 157: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

157A Cruelty to a child [Repealed] Section 157A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

158 Resisting constable in execution of his duty [Repealed] Section 158: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

159 Abduction of girl under 15 [Repealed] Section 159: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

160 Abduction of children [Repealed] Section 160: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 161 Niue Act 1966 20 September 2007

161 Sexual intercourse defined [Repealed] Section 161: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

162 Rape [Repealed] Section 162: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

163 Sexual intercourse or indecency with girl under 12 [Repealed] Section 163: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

164 Sexual intercourse or indecency with girl between 12 and 15 [Repealed] Section 164: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

165 Sexual intercourse with woman or girl who is an idiot or imbecile or of unsound mind [Repealed] Section 165: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

166 Procuring miscarriage of woman or girl [Repealed] Section 166: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

167 Act of woman or girl procuring her own miscarriage [Repealed] Section 167: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 175

168 Supplying means of miscarriage [Repealed] Section 168: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

169 Bigamy [Repealed] Section 169: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

170 Buggery [Repealed] Section 170: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

171 Attempted buggery and indecent assaults on males [Repealed] Section 171: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

172 Incest [Repealed] Section 172: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

173 Indecent acts [Repealed] Section 173: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

174 Indecent documents [Repealed] Section 174: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

175 Brothels [Repealed] Section 175: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 176 Niue Act 1966 20 September 2007

176 Gaming houses [Repealed] Section 176: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

177 Riot [Repealed] Section 177: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

178 Forcible entry [Repealed] Section 178: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

179 Affrays [Repealed] Section 179: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

180 Official corruption [Repealed] Section 180: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

181 Perjury [Repealed] Section 181: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

182 Fabricating evidence [Repealed] Section 182: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

183 Conspiracy to pervert justice [Repealed] Section 183: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 191

184 Breaking prison [Repealed] Section 184: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

185 Escape [Repealed] Section 185: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

186 Rescue [Repealed] Section 186: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

187 Criminal libel or slander [Repealed] Section 187: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

188 Definition of theft [Repealed] Section 188: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

189 Ineffectual defences to charge of theft [Repealed] Section 189: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

190 Extended definition of theft [Repealed] Section 190: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

191 Obtaining money or goods by false pretences to be deemed theft [Repealed] Section 191: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 192 Niue Act 1966 20 September 2007

192 Punishment of theft [Repealed] Section 192: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

193 Stealing documents [Repealed] Section 193: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

194 Receiving stolen goods [Repealed] Section 194: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

195 Robbery [Repealed] Section 195: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

196 Conversion or attempted conversion of motorcars, etc [Repealed] Section 196: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

197 Breach of trust [Repealed] Section 197: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

198 Menaces [Repealed] Section 198: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

199 Witchcraft [Repealed] Section 199: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 206

200 Obtaining credit by fraud [Repealed] Section 200: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

201 Accusation of criminal offences [Repealed] Section 201: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

202 Conspiracy to defraud [Repealed] Section 202: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

203 Obtaining execution of valuable securities by fraud [Repealed] Section 203: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

204 Burglary [Repealed] Section 204: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

205 Unlawful entry of dwellinghouse, etc [Repealed] Section 205: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

205A Unlawfully entering premises for a criminal purpose [Repealed] Section 205A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

206 Threats to kill or do bodily harm [Repealed] Section 206: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 207 Niue Act 1966 20 September 2007

207 Forgery [Repealed] Section 207: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

208 Extended definition of forgery [Repealed] Section 208: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

209 Making counterfeit coin [Repealed] Section 209: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

210 Lightening coin [Repealed] Section 210: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

211 Uttering counterfeit coin [Repealed] Section 211: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

212 Arson [Repealed] Section 212: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

213 Wilful mischief to property [Repealed] Section 213: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

214 Provoking breach of the peace [Repealed] Section 214: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 222

215 Profane, indecent, or obscene language [Repealed] Section 215: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

216 Disorderly conduct in public places [Repealed] Section 216: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

217 Obstructing public place [Repealed] Section 217: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

218 Drunkenness [Repealed] Section 218: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

219 Animal trespass [Repealed] Section 219: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

220 Prostitution [Repealed] Section 220: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

221 Laying poison [Repealed] Section 221: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

222 Polluting water [Repealed] Section 222: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 223 Niue Act 1966 20 September 2007

223 Sale of unwholesome provisions [Repealed] Section 223: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

224 Insanitary premises [Repealed] Section 224: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

225 Wilful trespass [Repealed] Section 225: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

226 Cruelty to animals [Repealed] Section 226: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

227 Falsely trading as an incorporated company [Repealed] Section 227: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

228 Conspiracy [Repealed] Section 228: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Attempts [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

229 Attempts to commit offences [Repealed] Section 229: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 236

230 Attempt proved when offence is charged [Repealed] Section 230: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

231 Offence proved when attempt is charged [Repealed] Section 231: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Parties to offences [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

232 Inciting [Repealed] Section 232: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

233 Parties to offences [Repealed] Section 233: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

234 Common criminal purpose [Repealed] Section 234: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

235 Counselling or procuring [Repealed] Section 235: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

236 Accessory after the fact [Repealed] Section 236: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 5 s 237 Niue Act 1966 20 September 2007

237 Punishment of accessories [Repealed] Section 237: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Infancy [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

237A Children under 10 [Repealed] Section 237A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

237B Children between 10 and 14 [Repealed] Section 237B: repealed, on 20 September 2007, by section 5 of theNiueAmend- ment Act 2007 (2007 No 71).

Defences [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

238 Common law defences [Repealed] Section 238: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

239 Common law offences [Repealed] Section 239: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 243

Sentences 240 Power to fine instead of or in addition to imprisonment

[Repealed] Section 240: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

241 Enforcement of fines [Repealed] Section 241: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

242 Imprisonment in Niue [Repealed] Section 242: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

243 Transfer of convicted persons to New Zealand (1) Every person sentenced to imprisonment, or committed to

prison, for 6 months or more including an offender who has been recalled under section 244A may, by warrant of the Cabinet and the Seal of Niue, be transferred to some prison in New Zealand named or described in the warrant.

(2) On the issue of any such warrant, the person named therein shall thereupon be taken in custody from Niue to New Zealand, and there forthwith delivered to the Superintendent of the prison named or described in the warrant.

(3) The warrant shall be delivered to the said Superintendent to- gether with a certificate under the hand of a Judge of the High Court and the seal of that court setting forth the fact of the con- viction or commitment of the person named in the warrant, the offence of which he was convicted or the reason of the com- mitment, and the term for which he has been so sentenced or committed.

(4) Where any person brought to New Zealand under the provi- sions of this section is imprisoned in New Zealand under any of the foregoing provisions of this section,— (a) the period during which he has been in custody since the

sentence was imposed in Niue until his delivery to the

Reprinted as at Part 5 s 244 Niue Act 1966 20 September 2007

Superintendent in New Zealand shall for all purposes be computed as part of the term of his imprisonment:

(b) subject to the provisions of section 244, he shall be im- prisoned in New Zealand in the same manner in all re- spects and shall be subject in all respects to the same laws, as far as applicable, as if he had been sentenced by the Supreme Court of New Zealand to imprisonment for the like offence, or committed to prison by that court on the like grounds.

Compare: 1915 No 40 s 275; 1962 No 40 s 7(2); 1964 No 70 s 57(1); 1965 No 1 s 3(3) Section 243(1): amended, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 243(1): amended, on 31 October 1968, by section 3(2) of the Niue Amendment Act 1968 (1968 No 15).

244 Release of prisoners transferred to New Zealand (1) Where any person (in this section referred to as the offender)

brought to New Zealand under the provisions of section 243 is imprisoned in New Zealand under the provisions of that sec- tion,— (a) theMinister of Justice, with the concurrence of theMin-

ister of Foreign Affairs and Trade,— (i) may at any time, by warrant signed by him, grant

to the offender, not being an offender serving a sentence of life imprisonment, remission of any part of his sentence, not exceeding one-fourth of the term thereof, on the ground of his good conduct and industry; and

(ii) may, where he considers that the conduct of the offender has been exemplary during his sentence, or that the offender has during his sentence per- formed some outstanding act of service, grant to the offender, not being an offender serving a sen- tence of life imprisonment, in addition to any re- mission which may be granted to him under sub- paragraph (i), a special remission of part of his sentence, not exceeding one-twelfth of the term; and may revoke any such remission at any time before the offender is released; and

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 244

(iii) may, in the case of any offender who is a Niuean, direct by warrant signed by him that on the re- lease of the offender he be allowed to remain in New Zealand:

(b) where any offender is granted a remission of any part of his sentence under paragraph (a), then,— (i) if pursuant to this section he is to be released in

New Zealand, the Minister of Justice, with the concurrence of the Minister of Foreign Affairs and Trade, may, by warrant at any time before the offender is released, impose such special con- ditions of probation as he thinks fit in addition to those that apply by virtue of the provisions of sec- tion 38 of the Criminal Justice Act 1954:

(ii) if pursuant to this section he is to be returned to Niue, the Minister of Justice, with the like concurrence, may, by warrant at any time before the offender is released for the purpose of being returned to Niue, direct that, until a date specified in the warrant (being a date not later than the date of expiry of the term of the original sentence), the offender shall be subject to supervision by a person to be nominated from time to time by the Premier, and shall comply with the directions of that person with respect to such matters as are specified in the warrant:

(c) the provisions of section 33A of the Criminal Justice Act 1954 (as enacted by section 4 of the Criminal Just- ice Amendment Act 1961), as far as they are applicable but subject to the provisions of this section, shall apply with respect to the offender as if he had been sentenced to imprisonment by the SupremeCourt of NewZealand.

(2) The Prisons Parole Board, on considering the case of any of- fender under section 33A of the Criminal Justice Act 1954 (as so enacted), shall have regard, in addition to the matters spe- cified in subsection (6) of that section, to such other matters of any kind whatsoever as it considers relevant in the circum- stances of the case, and may, in its discretion, recommend that the offender—

Reprinted as at Part 5 s 244 Niue Act 1966 20 September 2007

(a) be returned to Niue and released on his arrival there; or (b) be returned in custody to Niue and continue to serve

the sentence of imprisonment in some prison in Niue until a date specified by the board (being, in the case of a prisoner undergoing a sentence of life imprisonment, such date as the board thinks fit, and, in the case of any other prisoner, a date not later than 3 months after his return to Niue) and be released on the date so specified; or

section (2) may be subject to such conditions as the board thinks fit, including, if the board thinks fit, a condition, in the case of a prisoner to whom paragraph (a) or paragraph (b) of that subsection applies, that, until a date specified by the board (being, in the case of an offender undergoing a sentence of life imprisonment, such date as the board thinks fit, and in any other case a date not later than the date of the expiry of the term of the original sentence), he shall be subject to supervision by a person to be nominated from time to time by the Premier and shall comply with the directions of that person with respect to such matters as the board specifies.

(4) The provisions of the Criminal Justice Act 1954 relating to the release of an offender on probation shall not apply with respect to any offender who is to be returned to Niue pursuant to this section.

(5) Where pursuant to this section any offender is released in New Zealand, the provisions of sections 35 to 39 of the Criminal Justice Act 1954, as far as they are applicable, shall apply as if he had been so released at or before the expiry of a term of imprisonment imposed by the SupremeCourt of NewZealand.

(6) Where any offender who pursuant to this section is released in New Zealand desires to return to Niue before the expiration of the term of his probation, the Minister of Justice, on the application of the offender and with the concurrence of the Minister of Foreign Affairs and Trade, may cancel the proba- tionary licence as from the date on which the offender leaves New Zealand, and by warrant direct that as from the date of the arrival of the offender in Niue until a date specified in the

Reprinted as at 20 September 2007 Niue Act 1966 Part 5 s 244

warrant (being not later than the date on which the term of pro- bation would have expired if the probationary licence had not been cancelled) the offender shall be subject to supervision by a person to be nominated from time to time by the Premier and shall comply with the directions of that person with respect to such matters as are specified in the warrant.

(7) Every offender, if he is a Niuean, shall, as soon as he is en- titled to be released or as soon thereafter as may be, unless he is to be released in NewZealand under this section, be returned to Niue pursuant to a warrant signed by the Minister of Just- ice, and in the meantime shall be detained in custody in some prison in New Zealand appointed by that warrant.

(8) A recommendation of the Prisons Parole Board under this sec- tion may be given effect to pursuant to a warrant signed by the Minister of Justice with the concurrence of theMinister of For- eign Affairs and Trade.

(9) For the purposes of this section, cumulative terms of impris- onment shall be treated as 1 term.

(10) Where any offender is for the time being subject to supervi- sion in Niue under this section, the term of his sentence shall continue to run while he is subject to supervision as if he were still serving the sentence; and the date of expiry of the sen- tence shall be determined accordingly. Compare: 1915 No 40 s 275A; 1962 No 40 s 7(1); 1963 No 132 s 8(2)(b), (3), (4); 1964 No 70 s 57(1); 1965 No 1 s 3(3) Section 244(1)(a): amended, on 1 July 1993, pursuant to section 9(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48). Section 244(1)(b)(i): amended, on 1 July 1993, pursuant to section 9(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48). Section 244(1)(b)(ii): amended, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 244(3): amended, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 244(6): amended, on 1 July 1993, pursuant to section 9(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48). Section 244(6): amended, on 8 November 1974, pursuant to section 2(4)(a) of the Niue Amendment Act (No 2) 1974 (1974 No 110). Section 244(6): amended, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 244(8): amended, on 1 July 1993, pursuant to section 9(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Reprinted as at Part 5 s 244A Niue Act 1966 20 September 2007

Section 244(10): inserted, on 31October 1968, by section 2 of the Niue Amend- ment Act 1968 (1968 No 15).

244A Recall of offender subject to supervision (1) Where any offender undergoing a sentence of imprisonment

for life is for the time being subject to supervision in Niue pursuant to section 244, the Cabinet may at any time before the expiration of the period of supervision, by warrant, direct that the offender be recalled.

(2) On the giving of that direction, the supervision shall be deemed to be cancelled, and the offender may be arrested without war- rant by any constable, and, subject to section 244, shall con- tinue to serve his original sentence.

(3) The powers conferred by subsection (1) may be exercised on such grounds as the Cabinet thinks fit, and whether or not the offender has committed a breach of any condition of his super- vision. Section 244A: inserted, on 31October 1968, by section 3(1) of the NiueAmend- ment Act 1968 (1968 No 15). Section 244A(1): amended, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43). Section 244A(3): amended, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

245 Person conditionally released from imprisonment, or portion of whose sentence is conditionally remitted, may be reimprisoned

(1) Any person who is released from imprisonment— (a) pursuant to a remission of part of his sentence under

paragraph (a) of subsection (1) of section 244 or to a recommendation of the Prisons Parole Board under paragraph (c) of that subsection subject to any condi- tions imposed under that section, and is returned to Niue under that section (including a person who returns to Niue pursuant to subsection (6) of that section); or

(b) pursuant to a remission of part of his sentence under section 286 subject to any conditions imposed under that section,—

and who commits a breach of any such condition may be ar- rested by any constable without warrant and brought before a

Reprinted as at 20 September 2007 Niue Act 1966 Part 6 s 249

Judge of the High Court, and may be sentenced to imprison- ment, in the case of a person who was undergoing a sentence of life imprisonment, for such period as the court thinks fit, and in any other case for any period not exceeding the unex- pired portion of the term of his original sentence.

(2) For the purposes of this section, cumulative terms of impris- onment shall be treated as 1 term. Compare: 1915 No 40 s 275B; 1962 No 40 s 8

246 Cumulative sentences [Repealed] Section 246: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 6 Criminal procedure

[Repealed] Part 6: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

247 District Court Judges [Repealed] Section 247: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

248 Jurisdiction of High Court [Repealed] Section 248: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

249 Felonies and misdemeanours [Repealed] Section 249: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Preliminary proceedings [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

Reprinted as at Part 6 s 250 Niue Act 1966 20 September 2007

250 Arrest without warrant [Repealed] Section 250: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

251 Arrest on warrant of District Court Judge [Repealed] Section 251: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

251A Duty of persons arresting [Repealed] Section 251A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

252 Committal by District Court Judge for trial [Repealed] Section 252: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Trial by the High Court [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

253 Information [Repealed] Section 253: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

254 Warrant or summons [Repealed] Section 254: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

255 Warrant after issue of summons [Repealed] Section 255: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 6 s 260

255A Arrested person may be released on bail by constable in certain cases [Repealed] Section 255A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

256 Prisoners brought before Judge of High Court before commencement of prosecution [Repealed] Section 256: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

257 Remand [Repealed] Section 257: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

258 Trial of accused in his absence [Repealed] Section 258: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Assessors [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

259 Constitution of court on criminal trials [Repealed] Section 259: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

260 Judge with assessors [Repealed] Section 260: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 6 s 261 Niue Act 1966 20 September 2007

261 Judge without assessors [Repealed] Section 261: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

262 Judge with or without assessors as he thinks fit [Repealed] Section 262: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

263 Order appointing assessors [Repealed] Section 263: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

264 Number and qualifications of assessors [Repealed] Section 264: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

265 Default of assessors [Repealed] Section 265: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

266 Remuneration of assessors [Repealed] Section 266: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

267 Oath of assessors [Repealed] Section 267: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

268 Change of assessors [Repealed] Section 268: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 6 s 275

269 Discharge of assessors and new trial [Repealed] Section 269: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

270 Concurrence of assessors [Repealed] Section 270: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

271 Concurrence of Judge [Repealed] Section 271: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

272 Sentence [Repealed] Section 272: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

273 Concurrence of assessors not necessary except for conviction [Repealed] Section 273: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Miscellaneous provisions [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

274 Alternative and cumulative charges [Repealed] Section 274: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

275 Relation between information and conviction [Repealed] Section 275: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 6 s 276 Niue Act 1966 20 September 2007

276 Withdrawal of information [Repealed] Section 276: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

277 Drawing up of conviction [Repealed] Section 277: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

278 Defects of information, summons, or warrant [Repealed] Section 278: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

279 Payment of witnesses [Repealed] Section 279: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

280 Court may order convicted person to come up for sentence if called upon [Repealed] Section 280: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

281 Conviction without sentence or discharge without conviction [Repealed] Section 281: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

282 Bail [Repealed] Section 282: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 6 s 287

283 Stay of proceedings by Cabinet [Repealed] Section 283: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

284 Search warrants [Repealed] Section 284: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

284A Power to enter premises to arrest offender or prevent offence [Repealed] Section 284A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

285 Transmission of certain warrants and orders by telegram [Repealed] Section 285: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

286 Pardon and remission of sentence [Repealed] Section 286: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

287 Compensation for loss of property [Repealed] Section 287: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 7 Law of evidence [Repealed]

Part 7: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

Reprinted as at Part 7 s 288 Niue Act 1966 20 September 2007

288 Definitions [Repealed] Section 288: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

289 Discretionary power of admitting or rejecting evidence [Repealed] Section 289: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

290 All witnesses competent [Repealed] Section 290: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

291 Evidence of parties and their husbands and wives [Repealed] Section 291: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

292 Evidence of accused persons and their husbands and wives [Repealed] Section 292: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

293 Cross-examination as to credit [Repealed] Section 293: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

294 Criminating questions [Repealed] Section 294: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

295 Evidence of prisoners [Repealed] Section 295: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at 20 September 2007 Niue Act 1966 Part 7 s 303

296 Judicial notice of Acts, etc [Repealed] Section 296: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

297 Judicial notice of seals, etc [Repealed] Section 297: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

298 Power to administer oaths [Repealed] Section 298: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

299 Form of oath [Repealed] Section 299: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

300 Absence of religious belief [Repealed] Section 300: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

301 Affirmation may be made instead of oath [Repealed] Section 301: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

302 Form of affirmation [Repealed] Section 302: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

303 Evidence of children without oath [Repealed] Section 303: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Reprinted as at Part 7 s 304 Niue Act 1966 20 September 2007

304 Necessity of oath [Repealed] Section 304: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 8 Extradition

Extradition from Niue to New Zealand or to the Cook Islands

305 Arrest in Niue of fugitive offenders from New Zealand or the Cook Islands When a warrant has been lawfully issued by any competent authority in New Zealand or in the Cook Islands for the arrest of any person and that person is suspected of being in Niue or of being about to come into Niue, a Judge of the High Court may, if he is satisfied in any manner that the warrant has been issued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in Niue, and that war- rant shall be addressed to such person or persons as the Judge thinks fit. Compare: 1915 No 40 s 333

306 Order of return to New Zealand or to the Cook Islands On the arrest of any person in pursuance of a warrant so issued by a Judge of the High Court, the person so arrested shall be forthwith brought before the High Court, which may, on the production of the original warrant issued in New Zealand or in the Cook Islands, order the return of that person to New Zealand or to the Cook Islands, as the case may be. Compare: 1915 No 40 s 334

307 Refusal of order in case of hardship The High Court may refuse to make any such order if, having regard to the nature of the charge or to the circumstances of the case, the court is of opinion that the return of that person to New Zealand or to the Cook Islands would be the cause of

Reprinted as at 20 September 2007 Niue Act 1966 Part 8 s 310

undue hardship or would otherwise be unjustifiable or inexpe- dient. Compare: 1915 No 40 s 335

308 Imprisonment or release pending return Pending the making of any such order of return, or pending the return of any such person to New Zealand or to the Cook Islands, the High Court may either commit him to prison or admit him to bail in such manner and on such conditions as the court thinks fit. Compare: 1915 No 40 s 336

309 Release on security instead of return (1) Instead of making such an order of return, the High Court may

release that person on bail conditioned for the payment of such sum or sums of money or the performance of such conditions with relation to the matters in respect of which the original warrant was issued in New Zealand or the Cook Islands as the High Court thinks fit.

(2) On any breach of the conditions on which that person has been so released, he may be again arrested in Niue under a warrant issued by a Judge of the High Court, and an order for his return to New Zealand or to the Cook Islands may be made in the same manner as if he had not been so released. Compare: 1915 No 40 s 337

310 Return to New Zealand or to the Cook Islands in custody Any person against whom an order of return to New Zealand or to the Cook Islands has been so made shall, so soon as practicable thereafter, be taken from Niue to New Zealand or to the Cook Islands, as the case may be, in the custody of such person as a Judge of the High Court may approve, and, in the case of a person against whom an order of return to New Zealand has been made, shall on arrival in New Zealand be there delivered into the custody of a constable, to be dealt with in the same manner as if he had been arrested in New Zealand in pursuance of the original warrant issued there for his arrest. Compare: 1915 No 40 s 338

Reprinted as at Part 8 s 311 Niue Act 1966 20 September 2007

311 Cancellation of order of return If any person so ordered to be returned to New Zealand or to the Cook Islands is not returned in accordance with the order within a reasonable time after the making thereof, the High Court may cancel the order. Compare: 1915 No 40 s 339

Extradition from New Zealand to Niue 312 Arrest in New Zealand of fugitive offenders from Niue

When awarrant has been lawfully issued by any competent au- thority in Niue for the arrest of any person, and that person is suspected of being in New Zealand or of being about to come into NewZealand, a District Court Judge in NewZealandmay, if he is satisfied in any manner that the warrant has been is- sued, and whether it has been produced to him or not, issue his warrant for the arrest of that person in New Zealand, and that warrant shall be addressed to such person or persons as the District Court Judge thinks fit. Compare: 1915 No 40 s 340 Section 312: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

313 Order of return to Niue On the arrest of any person in pursuance of any warrant so is- sued by a District Court Judge, the person so arrested shall be forthwith brought before a District Court Judge in New Zealand, who may, on the production of the original warrant issued in Niue, order the return of that person to Niue. Compare: 1915 No 40 s 341 Section 313: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

314 Judicial notice of signature to warrant On making any such order, the District Court Judge may take judicial notice of the signature to the warrant issued in Niue, and may receive such evidence as he thinks fit, whether legally admissible in other proceedings or not. Compare: 1915 No 40 s 342

Reprinted as at 20 September 2007 Niue Act 1966 Part 8 s 317

Section 314: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

315 Refusal of order in case of hardship A District Court Judge may refuse to make any such order if, having regard to the nature of the charge or to the circum- stances of the case, the District Court Judge is of opinion that the return of that person to Niue would be the cause of undue hardship or would otherwise be unjustifiable or inexpedient. Compare: 1915 No 40 s 343 Section 315: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

316 Imprisonment or release pending return Pending the making of any such order of return, or pending the return of any such person to Niue, a District Court Judge may either commit him to prison or admit him to bail in such manner and on such conditions as the District Court Judge thinks fit. Compare: 1915 No 40 s 344; 1950 No 92 s 15 Section 316: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

317 Release on security instead of return (1) Instead of making such an order of return, the District Court

Judge may release that person on bail conditioned for the pay- ment of such sum or sums of money or the performance of such conditions with relation to the matter in respect of which the original warrant was issued in Niue as the District Court Judge thinks fit.

(2) On any breach of the conditions on which that person has been so released, he may be again arrested in New Zealand under a warrant issued by a District Court Judge, and an order for his return to Niue may be made in the same manner as if he had not been so released. Compare: 1915 No 40 s 345 Section 317(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125). Section 317(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Reprinted as at Part 8 s 318 Niue Act 1966 20 September 2007

318 Return to Niue in custody Any person against whom an order of return to Niue has been so made shall, so soon as practicable thereafter, be taken from New Zealand to Niue in the custody of such person as a Dis- trict Court Judge may approve, and shall on arrival in Niue be there delivered into lawful custody, to be dealt with in the same manner as if he had been arrested in Niue in pursuance of the original warrant issued there for his arrest. Compare: 1915 No 40 s 346 Section 318: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

319 Cancellation of order of return If any person so ordered to be returned to Niue is not returned in accordance with the order within a reasonable time after the making thereof, a District Court Judge or a Judge of the Supreme Court may cancel the order for his return. Compare: 1915 No 40 s 347 Section 319: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Application of Extradition Act to Niue 320 Extradition Act in force in Niue (1) Subject to the provisions of this Act, the Extradition Act 1965,

so far as it is applicable, shall extend to and be in force in Niue. (2) In the application of the Extradition Act 1965 to Niue, unless

the context otherwise requires,— (a) every reference in that Act to New Zealand shall be read

as a reference to Niue: (b) every reference in that Act to the court, or to the High

Court or a Judge thereof, or to a District Court Judge or Justice, shall be read as a reference to the High Court of Niue or a Judge of that court:

(c) every reference in that Act to the Minister of Justice shall be read as a reference to the Minister of Justice acting with the concurrence of the Minister of Foreign Affairs and Trade:

(d) the reference in the definition of the expression “extra- dition offence” in subsection (1) of section 2 of that Act

Reprinted as at 20 September 2007 Niue Act 1966 Part 8 s 320

to the crimes described in Schedule 1 of that Act shall be read as a reference to such of the criminal offences de- scribed in Part 5 as correspond to the crimes described in Part 1 of that schedule, and also as a reference to such of the enactments specified in Part 2 of that schedule as are in force in Niue:

(e) the references in subsection (2) of section 2 of that Act to sections 310, 311, and 312 of the Crimes Act 1961 shall be read as references to sections 228, 229, 232, 235, and 237 of this Act, as the case may require:

(f) the references in subsections (3) and (4) of section 5 of that Act (as amended by section 5(2) of the Criminal Justice Amendment Act 1969) to Part 5A of the Crim- inal Justice Act 1954 and Part 4 of the Mental Health Act 1969 shall be read as references to sections 617 and 619 of this Act, as the case may require:

(g) the references in sections 8 and 15 of that Act to the pre- liminary hearing of an information for an indictable of- fence shall be read as references to the trial of an offence punishable by the High Court in the ordinary course of its criminal jurisdiction and procedure:

(h) the reference in section 8 of that Act to the Summary Proceedings Act 1957 shall be read as a reference to this Act, and the reference in that section (as amended by section 5(2) of the Criminal Justice Amendment Act 1969) to Part 5A of the Criminal Justice Act 1954 shall be construed as a reference to sections 616, 618, and 619 of this Act.

Compare: 1915 No 40 s 349A; 1965 No 44 s 18(1) Section 320(2)(b): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124). Section 320(2)(b): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125). Section 320(2)(c): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48). Section 320(2)(f): amended, on 1 April 1970, by section 5(3)(a) of the Criminal Justice Amendment Act 1969 (1969 No 17). Section 320(2)(h): amended, on 1 April 1970, by section 5(3)(b) of the Criminal Justice Amendment Act 1969 (1969 No 17).

Reprinted as at Part 9 s 321 Niue Act 1966 20 September 2007

Part 9 Crown suits [Repealed]

Part 9: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

321 Crown proceedings in Niue [Repealed] Section 321: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

322 Authority of Attorney-General and Solicitor-General [Repealed] Section 322: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Part 10 Crown land [Repealed]

Part 10: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

323 All land in Niue vested in the Crown [Repealed] Section 323: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

324 Grants of Crown land [Repealed] Section 324: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

325 Reserves of Crown land for public purposes [Repealed] Section 325: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at 20 September 2007 Niue Act 1966 Part 10 s 333

326 Taking of land for public purposes [Repealed] Section 326: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

327 Revocation of Order in Council taking land [Repealed] Section 327: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

328 Compensation for land taken [Repealed] Section 328: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

329 Resumption of Crown land for public purposes [Repealed] Section 329: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

330 Reservation of land so taken or resumed [Repealed] Section 330: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

331 Purchase of land for public purposes [Repealed] Section 331: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

332 Control of Crown land by Resident Commissioner [Repealed] Section 332: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

333 Public purposes defined [Repealed] Section 333: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at Part 10 s 334 Niue Act 1966 20 September 2007

334 Saving of reserves under the Cook Islands Government Act 1908 [Repealed] Section 334: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 11 The Land Court of Niue

[Repealed] Part 11: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

Constitution of the Land Court [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

335 Land Court established [Repealed] Section 335: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

336 Judges and Commissioners of the Land Court [Repealed] Section 336: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

337 Appointment and tenure of Judges and Commissioners [Repealed] Section 337: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

338 Temporary Judges [Repealed] Section 338: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at 20 September 2007 Niue Act 1966 Part 11 s 345

339 Judges of Maori Land Court may be appointed to Niue Land Court [Repealed] Section 339: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

340 Salary of Judges and Commissioners [Repealed] Section 340: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

341 Resident Commissioner may act as Judge of the Land Court [Repealed] Section 341: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

342 Commissioner of Land Court [Repealed] Section 342: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

343 Registrar and Deputy Registrar of Land Court [Repealed] Section 343: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

344 Administrative officers [Repealed] Section 344: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

345 Records of Land Court [Repealed] Section 345: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at Part 11 s 346 Niue Act 1966 20 September 2007

346 Registers [Repealed] Section 346: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

347 Seal of the Land Court [Repealed] Section 347: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

348 Deputy of Chief Judge [Repealed] Section 348: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Procedure of the Land Court [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

349 Rules of court [Repealed] Section 349: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

350 Applications to court [Repealed] Section 350: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

351 Exercise of supplementary jurisdiction [Repealed] Section 351: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

352 Powers of Judges [Repealed] Section 352: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at 20 September 2007 Niue Act 1966 Part 11 s 360

353 Proceedings in Land Court before different Judges [Repealed] Section 353: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

354 Sittings of court [Repealed] Section 354: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

355 Summons to witnesses [Repealed] Section 355: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

356 Costs [Repealed] Section 356: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

357 Security for costs [Repealed] Section 357: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

358 Costs may be charged on land [Repealed] Section 358: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

359 Right of audience [Repealed] Section 359: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

360 Amendments of defects [Repealed] Section 360: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at Part 11 s 361 Niue Act 1966 20 September 2007

361 Amendments of records [Repealed] Section 361: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

362 Rehearing [Repealed] Section 362: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Orders [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

363 Amendment of orders after title ascertained [Repealed] Section 363: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

364 Annulment of orders obtained by fraud [Repealed] Section 364: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

365 Enforcement of orders of Land Court by High Court [Repealed] Section 365: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

366 Enforcement of charges [Repealed] Section 366: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

367 Final orders [Repealed] Section 367: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at 20 September 2007 Niue Act 1966 Part 11 s 374

368 Partition orders [Repealed] Section 368: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

369 Orders in respect of deceased persons [Repealed] Section 369: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

370 Orders bind all persons interested [Repealed] Section 370: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

371 Validity of orders [Repealed] Section 371: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Contempt of the Land Court [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

372 Contempt of court defined [Repealed] Section 372: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

373 Penalty for contempt [Repealed] Section 373: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

374 Jurisdiction in contempt [Repealed] Section 374: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at Part 11 s 375 Niue Act 1966 20 September 2007

375 Contempt in face of the court [Repealed] Section 375: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

376 Arrest on warrant [Repealed] Section 376: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

377 Conviction by Land Court [Repealed] Section 377: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

378 Enforcement of fine [Repealed] Section 378: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

379 Discharge of persons in contempt [Repealed] Section 379: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

380 Jurisdiction in contempt may be exercised at any time or place [Repealed] Section 380: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Additional jurisdiction [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

381 Miscellaneous jurisdiction of Land Court [Repealed] Section 381: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at 20 September 2007 Niue Act 1966 Part 12 s 386

382 Access to Niuean land [Repealed] Section 382: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

383 Order in Council may confer jurisdiction on Land Court [Repealed] Section 383: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Surveys [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

384 Land Court may order surveys [Repealed] Section 384: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

385 Entry for purpose of survey [Repealed] Section 385: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 12 The Land Appellate Court of Niue

[Repealed] Part 12: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

386 Land Appellate Court established [Repealed] Section 386: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Reprinted as at Part 12 s 387 Niue Act 1966 20 September 2007

387 Judges of the Land Appellate Court [Repealed] Section 387: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

388 Proceedings may be continued before different Judges [Repealed] Section 388: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

389 Decision of majority to be decision of court [Repealed] Section 389: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

390 Officers of Land Court to be officers of Land Appellate Court [Repealed] Section 390: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

391 Seal [Repealed] Section 391: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

392 Rules of court [Repealed] Section 392: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

393 Sittings of Land Appellate Court [Repealed] Section 393: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

394 Appeals from Land Court [Repealed] Section 394: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

100

Reprinted as at 20 September 2007 Niue Act 1966 Part 12 s 402

395 Appeals from provisional determinations as to title to land [Repealed] Section 395: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

396 Successive appeals in respect of same matter [Repealed] Section 396: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

397 Powers of Land Appellate Court on appeal [Repealed] Section 397: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

398 Dismissal of appeal for non-prosecution [Repealed] Section 398: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

399 Variation deemed part of original order [Repealed] Section 399: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

400 Orders of Land Appellate Court [Repealed] Section 400: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

401 Witnesses and costs in Land Appellate Court [Repealed] Section 401: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

402 Right of audience and contempt [Repealed] Section 402: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

101

Reprinted as at Part 12 s 403 Niue Act 1966 20 September 2007

403 Enforcement of orders and charges [Repealed] Section 403: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

404 Land Appellate Court may order surveys [Repealed] Section 404: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 13 Customary land [Repealed]

Part 13: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

405 Order in Council declaring land to be free from customary title [Repealed] Section 405: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

406 Validity of dispositions of land by the Crown [Repealed] Section 406: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

407 Niuean customary title limited by high-water mark [Repealed] Section 407: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

408 For certain purposes customary land to be deemed Crown land [Repealed] Section 408: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

102

Reprinted as at 20 September 2007 Niue Act 1966 Part 13 s 414

409 Investigation of title to customary land [Repealed] Section 409: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

410 Niuean customs to be recognised [Repealed] Section 410: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

411 Freehold orders [Repealed] Section 411: repealed, on 1November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

412 Effect of freehold orders [Repealed] Section 412: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

413 Tenancy in common [Repealed] Section 413: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

414 Freehold orders in favour of persons deceased [Repealed] Section 414: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 14 Partition and exchange of Niuean land

[Repealed] Part 14: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

103

Reprinted as at Part 14 s 415 Niue Act 1966 20 September 2007

Partition orders [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

415 Jurisdiction to partition Niuean land [Repealed] Section 415: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

416 Partition orders [Repealed] Section 416: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

417 Apportionment of encumbrances on partition [Repealed] Section 417: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

418 Mode of partition [Repealed] Section 418: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

419 Land to be partitioned into suitable areas [Repealed] Section 419: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

420 Combination of several areas of land for purpose of partition [Repealed] Section 420: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

421 Payments by way of equality of partition [Repealed] Section 421: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

104

Reprinted as at 20 September 2007 Niue Act 1966 Part 14 s 428

422 Trustees on partition [Repealed] Section 422: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

423 Encumbrances or undivided interests on partition [Repealed] Section 423: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Orders of exchange [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

424 Jurisdiction to effect exchange of Niuean land [Repealed] Section 424: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

425 Exchange of freehold interests only [Repealed] Section 425: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

426 Conditions of exchange [Repealed] Section 426: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

427 Exchange for Crown land [Repealed] Section 427: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

428 Effect of order of exchange [Repealed] Section 428: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

105

Reprinted as at Part 14 s 429 Niue Act 1966 20 September 2007

429 Payment for equality of exchange [Repealed] Section 429: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

430 Land obtained in exchange becomes Niuean land [Repealed] Section 430: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 15 Alienation of Niuean land

[Repealed] Part 15: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

Restrictions on alienation [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

431 Removal on restrictions on alienation [Repealed] Section 431: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

432 Alienation of customary land prohibited [Repealed] Section 432: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

433 Alienation in fee simple prohibited [Repealed] Section 433: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

106

Reprinted as at 20 September 2007 Niue Act 1966 Part 15 s 440

434 Alienation for a longer period than 60 years prohibited [Repealed] Section 434: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

435 Leases for public purposes or church purposes [Repealed] Section 435: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

436 Land Court may make orders as to occupation of Niuean land [Repealed] Section 436: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

437 Alienation by way of security prohibited [Repealed] Section 437: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

438 Alienation of things growing on or attached to land deemed an alienation of land [Repealed] Section 438: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

439 Disposition of life interest to be deemed an alienation of land [Repealed] Section 439: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

440 Assignment of rents or profits prohibited [Repealed] Section 440: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

107

Reprinted as at Part 15 s 441 Niue Act 1966 20 September 2007

441 Alienation by trustees of Niuean land [Repealed] Section 441: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Execution of instruments of alienation [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

442 Alienations must be in writing [Repealed] Section 442: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

443 Execution of instruments out of Niue [Repealed] Section 443: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

444 Execution of renewals of leases [Repealed] Section 444: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Confirmation [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

445 Confirmation necessary [Repealed] Section 445: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

446 Application for confirmation [Repealed] Section 446: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

108

Reprinted as at 20 September 2007 Niue Act 1966 Part 15 s 454

447 Orders of confirmation [Repealed] Section 447: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

448 Effect of confirmation [Repealed] Section 448: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

449 Confirmation of inconsistent instruments [Repealed] Section 449: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

450 Conditions of confirmation [Repealed] Section 450: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

451 Alienation in pursuance of confirmed contracts [Repealed] Section 451: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

452 Alteration of instruments on confirmation [Repealed] Section 452: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

453 Validity and operation of confirmed instruments [Repealed] Section 453: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

454 Alienation to the Crown [Repealed] Section 454: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

109

Reprinted as at Part 15 s 455 Niue Act 1966 20 September 2007

Niuean reservations [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

455 Establishment of Niuean reservations [Repealed] Section 455: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

456 Revocation or variation of reservation [Repealed] Section 456: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

457 Reservations inalienable [Repealed] Section 457: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

458 Management and control of reservations [Repealed] Section 458: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Miscellaneous provisions [Repealed]

Heading: repealed, on 1 November 1969, by section 103 of the Niue Amend- ment Act (No 2) 1968 (1968 No 132).

459 Niuean land not to be taken in execution [Repealed] Section 459: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

460 Payment into Land Court of rents and other proceeds of alienations [Repealed] Section 460: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

110

Reprinted as at 20 September 2007 Niue Act 1966 Part 16 s 466

Part 16 Land development

[Repealed] Part 16: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

461 Application of this Part [Repealed] Section 461: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

462 Cabinet of Ministers may cultivate land on behalf of owners [Repealed] Section 462: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

463 Disposal of revenues received by Cabinet of Ministers [Repealed] Section 463: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

464 Money to be paid out of or into Niue Government Account [Repealed] Section 464: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

465 Resident Commissioner may delegate powers [Repealed] Section 465: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

466 Interference and obstruction prohibited [Repealed] Section 466: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

111

Reprinted as at Part 16 s 467 Niue Act 1966 20 September 2007

467 Regulations [Repealed] Section 467: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

Part 17 Housing improvement

[Repealed] Part 17: repealed, on 9 December 1971, by section 27(1) of the Niue Amend- ment Act 1971 (1971 No 143).

468 Interpretation [Repealed] Section 468: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

469 Housing Improvement Fund [Repealed] Section 469: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

470 Housing improvement scheme [Repealed] Section 470: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

471 Rate of interest [Repealed] Section 471: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

472 Security for advances other than to societies [Repealed] Section 472: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

112

Reprinted as at 20 September 2007 Niue Act 1966 Part 17 s 480

473 Advances to societies [Repealed] Section 473: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

474 Repayment of advances [Repealed] Section 474: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

475 Securities to be taken in name of Her Majesty [Repealed] Section 475: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

476 Assignment of money as security may be irrevocable [Repealed] Section 476: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

477 Alienation and assignment as security for advances [Repealed] Section 477: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

478 Assignments of money from land vested in trustees [Repealed] Section 478: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

479 Advances to be paid as Resident Commissioner directs [Repealed] Section 479: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

480 Charging order may be made [Repealed] Section 480: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

113

Reprinted as at Part 17 s 481 Niue Act 1966 20 September 2007

481 Discharge of charging orders [Repealed] Section 481: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

482 Appointment of receiver to enforce charges [Repealed] Section 482: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

483 Expenditure for protection of securities [Repealed] Section 483: repealed, on 9 December 1971, by section 27(1) of the Niue Amendment Act 1971 (1971 No 143).

Part 18 Vesting orders [Repealed]

Part 18: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

484 Vesting orders [Repealed] Section 484: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

485 Duty on vesting orders [Repealed] Section 485: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

486 Court may cancel vesting order [Repealed] Section 486: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

114

Reprinted as at 20 September 2007 Niue Act 1966 Part 19 s 492

487 Succession to interest under vesting order [Repealed] Section 487: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

488 Land subject to mortgage or encumbrance [Repealed] Section 488: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 19 Niuean succession

[Repealed] Part 19: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

489 Wills of Niueans [Repealed] Section 489: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

490 Succession to deceased Niueans [Repealed] Section 490: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

491 Niuean land not to vest in administrator [Repealed] Section 491: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

492 Succession orders [Repealed] Section 492: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

115

Reprinted as at Part 19 s 493 Niue Act 1966 20 September 2007

493 Effect of succession order [Repealed] Section 493: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

494 Revocation of succession orders [Repealed] Section 494: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

495 No action without succession order [Repealed] Section 495: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

496 No alienation without succession order [Repealed] Section 496: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

497 Niuean land not assets for payment of debts [Repealed] Section 497: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

498 Estate of Niuean other than land to be assets for payment of debts [Repealed] Section 498: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

499 Interest in Niuean land to include all things growing on or attached to land [Repealed] Section 499: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

116

Reprinted as at 20 September 2007 Niue Act 1966 Part 20 s 506

Part 20 Trustees for Niueans

[Repealed] Part 20: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

500 Definition of person under disability [Repealed] Section 500: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

501 Trustee orders [Repealed] Section 501: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

502 Matters to be set forth in trustee orders [Repealed] Section 502: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

503 Appointment of new trustees [Repealed] Section 503: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

504 Orders restricting powers of trustees [Repealed] Section 504: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

505 Cancellation of trustee orders [Repealed] Section 505: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

506 Determination of trustee orders [Repealed] Section 506: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

117

Reprinted as at Part 20 s 507 Niue Act 1966 20 September 2007

507 Trust property not to vest in trustee [Repealed] Section 507: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

508 Administration of property by trustee [Repealed] Section 508: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

509 Alienation of property by trustee [Repealed] Section 509: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

510 Powers of trustee [Repealed] Section 510: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

511 Expenditure of revenues of trust property [Repealed] Section 511: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

512 Enforcement of trusts [Repealed] Section 512: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

513 Co-trustees must act jointly [Repealed] Section 513: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

514 Remuneration of trustees [Repealed] Section 514: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

118

Reprinted as at 20 September 2007 Niue Act 1966 Part 21 s 521

Part 21 Marriage [Repealed]

Part 21: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

515 Prohibited degrees of consanguinity or affinity [Repealed] Section 515: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

516 Marriages to take place before marriage officer [Repealed] Section 516: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

517 Marriage officer defined [Repealed] Section 517: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

518 Appointment of marriage officers [Repealed] Section 518: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

519 Offence [Repealed] Section 519: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

520 Notice of marriage [Repealed] Section 520: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

521 Mode of solemnisation [Repealed] Section 521: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

119

Reprinted as at Part 21 s 522 Niue Act 1966 20 September 2007

522 Record of marriage [Repealed] Section 522: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

523 Signature of record [Repealed] Section 523: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

524 Transmission of record [Repealed] Section 524: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

525 Minimum age of marriage [Repealed] Section 525: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

526 Marriage of minors [Repealed] Section 526: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

527 Offence by marriage officer [Repealed] Section 527: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

528 Signature of false record by party or witness [Repealed] Section 528: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

529 Misrepresentation as to facts to procure marriage [Repealed] Section 529: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

120

Reprinted as at 20 September 2007 Niue Act 1966 Part 22 s 536

Part 22 Divorce [Repealed]

Part 22: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

530 Jurisdiction of High Court in divorce [Repealed] Section 530: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

531 Nullity of marriage and dissolution of voidable marriage [Repealed] Section 531: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

532 Limitation of jurisdiction [Repealed] Section 532: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

533 Domicile and residence [Repealed] Section 533: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

534 Grounds of divorce and jurisdiction of High Court [Repealed] Section 534: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

535 Grounds of refusal of divorce [Repealed] Section 535: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

536 Discretion to refuse decree in certain cases [Repealed] Section 536: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

121

Reprinted as at Part 22 s 537 Niue Act 1966 20 September 2007

537 Co-respondent as a party [Repealed] Section 537: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

538 Intervention [Repealed] Section 538: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

539 Agreement no bar to divorce [Repealed] Section 539: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

540 No appeal to Court of Appeal [Repealed] Section 540: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

541 Remarriage of divorced persons [Repealed] Section 541: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

542 Costs [Repealed] Section 542: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

543 Order for maintenance of divorced wife [Repealed] Section 543: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

544 Order as to custody of children [Repealed] Section 544: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

122

Reprinted as at 20 September 2007 Niue Act 1966 Part 23 s 549

545 Molestation of divorced wife by her husband [Repealed] Section 545: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

546 Jurisdiction of Supreme Court [Repealed] Section 546: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 23 Maintenance and affiliation

[Repealed] Part 23: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

547 Interpretation [Repealed] Section 547: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Maintenance and affiliation orders [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

548 Jurisdiction of High Court [Repealed] Section 548: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

549 Applications [Repealed] Section 549: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

123

Reprinted as at Part 23 s 550 Niue Act 1966 20 September 2007

550 Jurisdiction discretionary [Repealed] Section 550: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

551 Affiliation orders [Repealed] Section 551: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

552 Evidence [Repealed] Section 552: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

553 Maintenance order in favour of child born out of wedlock [Repealed] Section 553: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

554 Maintenance order against father in favour of child [Repealed] Section 554: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

555 Maintenance order against mother in favour of child [Repealed] Section 555: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

556 Maintenance order against husband in favour of wife [Repealed] Section 556: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

557 Maintenance order against wife in favour of husband [Repealed] Section 557: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

124

Reprinted as at 20 September 2007 Niue Act 1966 Part 23 s 565

558 Maintenance order against any person in favour of father or mother [Repealed] Section 558: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

559 Disobedience to maintenance order [Repealed] Section 559: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

560 Maintenance money a debt [Repealed] Section 560: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

561 Order in favour of non-residents [Repealed] Section 561: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

562 Order against non-residents [Repealed] Section 562: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

563 Orders in absentia [Repealed] Section 563: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

564 Repeated applications [Repealed] Section 564: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

565 Payments not to be made in advance [Repealed] Section 565: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

125

Reprinted as at Part 23 s 566 Niue Act 1966 20 September 2007

566 Cancellation, variation, and suspension of orders [Repealed] Section 566: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

567 Payment of maintenance money [Repealed] Section 567: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

568 Security for obedience to maintenance orders [Repealed] Section 568: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

569 Operation of agreements [Repealed] Section 569: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

570 Purport and duration of maintenance orders [Repealed] Section 570: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

571 Order for past maintenance [Repealed] Section 571: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Offences [Repealed]

Heading: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

572 Leaving Niue while maintenance money in arrear [Repealed] Section 572: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

126

Reprinted as at 20 September 2007 Niue Act 1966 Part 23 s 579

573 Leaving Niue after affiliation order and before birth of child [Repealed] Section 573: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

574 Leaving Niue with intent to disobey maintenance order [Repealed] Section 574: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

575 Leaving Niue while failing to maintain wife [Repealed] Section 575: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

576 Leaving Niue while failing to maintain child [Repealed] Section 576: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

577 Leaving Niue with intent to desert wife or child [Repealed] Section 577: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

578 Attempting to leave Niue [Repealed] Section 578: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

579 Evidence of intent [Repealed] Section 579: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

127

Reprinted as at Part 24 s 580 Niue Act 1966 20 September 2007

Part 24 Adoption of children by Niueans

[Repealed] Part 24: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

580 Adoption by Niuean custom invalid [Repealed] Section 580: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

581 Adoption by Niuean custom before 1 April 1916 by parent dying before 5 December 1921 [Repealed] Section 581: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

582 Validity of adoption registered before 1 April 1916 [Repealed] Section 582: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

583 Orders of adoption [Repealed] Section 583: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

584 Applications for adoption [Repealed] Section 584: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

585 Who may be adopted [Repealed] Section 585: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

128

Reprinted as at 20 September 2007 Niue Act 1966 Part 24 s 592

586 Conditions of adoption [Repealed] Section 586: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

587 Consent of natural parents required [Repealed] Section 587: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

588 Adoptions by more than 1 person [Repealed] Section 588: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

589 Annulment of orders of adoption [Repealed] Section 589: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

590 Effect of adoption [Repealed] Section 590: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

591 Effect of orders of adoption on interests in Niuean land [Repealed] Section 591: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

592 Orders of adoption under Cook Islands Amendment Act 1921 [Repealed] Section 592: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

129

Reprinted as at Part 25 s 593 Niue Act 1966 20 September 2007

Part 25 Adoption of children by Europeans and

Niuean spouses of Europeans [Repealed]

Part 25: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

593 High Court may make adoption orders [Repealed] Section 593: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

594 Persons who may apply for adoption order [Repealed] Section 594: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

595 Who may be adopted [Repealed] Section 595: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

596 Restrictions on making adoption orders [Repealed] Section 596: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

597 Consents to adoptions [Repealed] Section 597: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

598 Effect of order of adoption [Repealed] Section 598: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

130

Reprinted as at 20 September 2007 Niue Act 1966 Part 26 s 605

599 Annulment of order of adoption [Repealed] Section 599: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 26 Persons of unsound mind Orders of medical custody

600 Application by Medical Officer to High Court [Repealed] Section 600: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

601 Medical certificates as to persons of unsound mind [Repealed] Section 601: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

602 Order of medical custody [Repealed] Section 602: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

603 Renewal of order [Repealed] Section 603: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

604 Cancellation of order [Repealed] Section 604: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

605 Discharge from custody [Repealed] Section 605: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

131

Reprinted as at Part 26 s 606 Niue Act 1966 20 September 2007

606 Arrest and detention of persons committed to medical custody [Repealed] Section 606: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

607 Treatment of person so detained [Repealed] Section 607: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

608 Removal from Niue to New Zealand When an order of medical custody has been so made against any person, the High Court may, at the same time or at any time thereafter while the order remains in force, issue under the seal of the court a warrant for the removal of that person from Niue to New Zealand. Compare: 1915 No 40 s 582

609 Conditions of removal No such warrant shall be issued unless the court is satisfied, on the certificate by the Director of Health or by 2 Medical Officers, and on the examination of the person alleged to be of unsound mind, that his removal from Niue to New Zealand is necessary in his own interests or for the safety of other persons. Compare: 1915 No 40 s 583; 1956 No 27 s 12(2); 1963 No 132 s 16(2) Section 609: amended, on 9 December 1971, by section 18(3)(b) of the Niue Amendment Act 1971 (1971 No 143).

610 Method of removal On the issue of any such warrant for the removal of any per- son to New Zealand, he may be taken to New Zealand in the custody of any person appointed in that behalf by a Medical Officer in any ship belonging to Her Majesty or in any Com- monwealth ship or in any aircraft which is approved by the Director of Health or 2 Medical Officers as suitable for the purpose. Compare: 1915 No 40 s 584; 1923 No 9 s 5(4); 1963 No 132 s 17 Section 610: amended, on 9 December 1971, by section 18(3)(b) of the Niue Amendment Act 1971 (1971 No 143).

132

Reprinted as at 20 September 2007 Niue Act 1966 Part 26 s 611

611 Admission to hospital of persons removed to New Zealand (1) Where any person in respect of whom a warrant for removal

to New Zealand is made under section 608 arrives in New Zealand pursuant to the warrant, then, on the delivery to the Superintendent of a hospital within the meaning of the Men- tal Health (Compulsory Assessment and Treatment) Act 1992 of copies, under the seal of the High Court, of that warrant, the order of medical custody made in respect of that person under section 602, the application to the High Court for the last-mentioned order, and the certificate produced to the High Court pursuant to section 601 in respect of that application, the Superintendent shall receive that person andmay detain him in the hospital in accordance with the provisions of this section.

(2) Where any person is received into a hospital pursuant to this section, the order and warrant made or issued in respect of him under sections 602 and 608 shall be sufficient authority for his detention in the hospital for a period of 7 days.

(3) At any time before the expiration of that period, the Superin- tendent of the hospital may apply for a reception order under the Mental Health Act 1969 in respect of the person so re- ceived into the hospital; and the fact that such an application has been made shall be sufficient authority for the Superin- tendent to detain that person until the application is finally de- termined. Compare: 1915 No 40 ss 585, 586; 1956 No 27 s 12(3) Section 611 heading: amended, on 1 April 1970, pursuant to section 129(5) of the Mental Health Act 1969 (1969 No 16). Section 611(1): amended, on 1 November 1992, pursuant to section 137(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46). Section 611(1): amended, on 1 April 1970, pursuant to section 129(5) of the Mental Health Act 1969 (1969 No 16). Section 611(2): amended, on 1 April 1970, pursuant to section 129(5) of the Mental Health Act 1969 (1969 No 16). Section 611(3): amended, on 1 April 1970, pursuant to section 129(1) of the Mental Health Act 1969 (1969 No 16). Section 611(3): amended, on 1 April 1970, pursuant to section 129(5) of the Mental Health Act 1969 (1969 No 16).

133

Reprinted as at Part 26 s 612 Niue Act 1966 20 September 2007

612 Administration of estates of persons of unsound mind [Repealed] Section 612: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

613 No committee of estate of person of unsound mind [Repealed] Section 613: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

614 Warrant for arrest of persons of unsound mind [Repealed] Section 614: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

615 Arrest without warrant of persons of unsound mind [Repealed] Section 615: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Persons of unsound mind charged with offences 616 Insane persons not to be tried for offences

[Repealed] Section 616: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

617 Detention of accused persons acquitted on ground of insanity [Repealed] Section 617: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

618 Discharge [Repealed] Section 618: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

134

Reprinted as at 20 September 2007 Niue Act 1966 Part 27 s 621A

619 Orders of medical custody (1) When any person is so detained, whether in the case of a charge

of murder or manslaughter or otherwise, the High Court shall have the same jurisdiction tomake an order of medical custody or to issue a warrant for removal to New Zealand as in the case of any other person of unsound mind.

(2) Any order of medical custody so made shall supersede the order for detention during the pleasure of the Cabinet ofMinis- ters or the Governor-General, save that, in the case of a charge of murder or manslaughter, no person shall be discharged from custody either in Niue or New Zealand except with the consent of the Governor-General. Compare: 1915 No 40 s 593; 1965 No 1 s 3(1) Section 619(2): amended, at 11 pm on 19 October 1974, pursuant to section 2(2)(c) of the Niue Amendment Act 1974 (1974 No 43).

620 The defence of insanity in criminal prosecutions [Repealed] Section 620: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 27 Intoxicating liquor

[Repealed] Part 27: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

621 Interpretation [Repealed] Section 621: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

621A Importation of intoxicating liquor [Repealed] Section 621A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

135

Reprinted as at Part 27 s 622 Niue Act 1966 20 September 2007

622 Liquor control authority [Repealed] Section 622: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

623 Manufacture of intoxicating liquor prohibited [Repealed] Section 623: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

624 Importation of intoxicating liquor [Repealed] Section 624: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

625 Cabinet of Ministers may import intoxicating liquor [Repealed] Section 625: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

626 Offences as to intoxicating liquor illegally manufactured or imported [Repealed] Section 626: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

627 Sale of intoxicating liquor [Repealed] Section 627: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

628 Restrictions on giving intoxicating liquor to other persons [Repealed] Section 628: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

136

Reprinted as at 20 September 2007 Niue Act 1966 Part 28 s 634

629 Arrest of persons suspected of having illegally dealt with intoxicating liquor [Repealed] Section 629: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

630 Seizure and forfeiture of intoxicating liquor [Repealed] Section 630: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

631 Search warrant [Repealed] Section 631: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

632 Persons found on premises deemed illegally dealing in intoxicating liquor [Repealed] Section 632: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

633 Names of persons found on premises searched may be demanded [Repealed] Section 633: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 28 Roads [Repealed]

Part 28: repealed, on 1 November 1969, by section 103 of the Niue Amendment Act (No 2) 1968 (1968 No 132).

634 Road defined [Repealed] Section 634: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

137

Reprinted as at Part 28 s 635 Niue Act 1966 20 September 2007

635 Existing roads [Repealed] Section 635: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

636 Proclamation of existing roads [Repealed] Section 636: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

637 Proclamation of new roads [Repealed] Section 637: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

638 Roads not to vest in the Crown [Repealed] Section 638: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

639 Maintenance and control of roads [Repealed] Section 639: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

640 Effect of freehold order on roads [Repealed] Section 640: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

641 Roads laid out on portion or investigation of title [Repealed] Section 641: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

642 Dedication of roads by Niueans [Repealed] Section 642: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

138

Reprinted as at 20 September 2007 Niue Act 1966 Part 29 s 648

643 Closing of roads [Repealed] Section 643: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

644 Warrants as to roads to be gazetted [Repealed] Section 644: repealed, on 1November 1969, by section 103 of the NiueAmend- ment Act (No 2) 1968 (1968 No 132).

Part 29 Niuean antiquities

[Repealed] Part 29: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

645 Interpretation [Repealed] Section 645: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

646 Cabinet of Ministers may acquire Niuean antiquities [Repealed] Section 646: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

647 Niuean antiquities to be offered for sale before exportation [Repealed] Section 647: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

648 Power to detain Niuean antiquities attempted to be exported [Repealed] Section 648: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

139

Reprinted as at Part 29 s 649 Niue Act 1966 20 September 2007

649 Exporting Niuean antiquities without permission [Repealed] Section 649: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

650 Power to remove antiquities in certain cases [Repealed] Section 650: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

651 Right to copy of antiquities intended to be exported [Repealed] Section 651: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

652 Cabinet of Ministers to decide what articles come under this Part [Repealed] Section 652: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

653 Regulations [Repealed] Section 653: repealed, on 9 December 1971, by section 26(j) of the Niue Amendment Act 1971 (1971 No 143).

Part 30 Customs [Repealed]

Part 30: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

654 Customs and Excise Act 1996 in force in Niue [Repealed] Section 654: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

140

Reprinted as at 20 September 2007 Niue Act 1966 Part 31 s 659

655 Niue Assembly may modify Tariff or substitute new Tariff [Repealed] Section 655: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

656 Goods may be imported from New Zealand or Cook Islands free of duty [Repealed] Section 656: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

657 Niue Assembly may impose duties in certain cases [Repealed] Section 657: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

658 Actions and prosecutions in relation to Niue [Repealed] Section 658: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 31 The Niue Public Service

659 Interpretation In this Part, unless the context otherwise requires,— employee means a person employed in the Niue Public Ser- vice New Zealand controlling authority means, in respect of a person employed in any branch of the New Zealand Govern- ment Service to which the State Sector Act 1988 applies, the Commission, and, in respect of a person employed in any other branch of the New Zealand Government Service, the Minister in charge of that branch New Zealand Government Servicemeans the service of Her Majesty in respect of the Government of New Zealand, not be- ing honorary service; and includes service which is education

141

Reprinted as at Part 31 s 660 Niue Act 1966 20 September 2007

service within themeaning of the Government Superannuation Fund Act 1956. Compare: 1957 No 103 s 76; 1965 No 1 s 3(1) Section 659 New Zealand controlling authority: amended, on 1 April 1988, pursuant to section 90(a) of the State Sector Act 1988 (1988 No 20). Section 659 New Zealand Government Service: amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation FundAmend- ment Act 1976 (1976 No 30). Section 659 Niue Public Service: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

660 Appointments of employees [Repealed] Section 660: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

661 Exemptions [Repealed] Section 661: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

662 State Sector Act 1988 not applicable [Repealed] Section 662: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

663 Delegation of powers [Repealed] Section 663: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

664 Functions, powers, and duties of State Services Commission [Repealed] Section 664: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

665 Public Service Regulations [Repealed] Section 665: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

142

Reprinted as at 20 September 2007 Niue Act 1966 Part 31 s 669

666 Payment of salary and allowances [Repealed] Section 666: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

667 Bonds and deeds of covenant by employees or prospective employees [Repealed] Section 667: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

668 Concurrent offices [Repealed] Section 668: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

669 Employment in New Zealand Government Service and Niue Public Service

(1) Any person permanently employed in the New Zealand Gov- ernment Service may, with the consent of the New Zealand controlling authority, be appointed to any position in the Niue Public Service in all respects as if he were an employee thereof; but, until he is appointed to a position in the Niue Public Service, no such person shall have any right of appeal against any determination of the Commission in relation to any appointment, promotion, or transfer in or to the Niue Public Service.

(2) Any person permanently employed in the Niue Public Ser- vice may be appointed to any position in the New Zealand Government Service in all respects as if he were permanently employed therein; but, until he is appointed to a position in the New Zealand Government Service, no such person shall have any right of appeal against any determination of the New Zealand controlling authority in relation to any appointment, promotion, or transfer in the New Zealand Government Ser- vice.

(3) Any person appointed to a position in the Niue Public Ser- vice under subsection (1) or to a position in the New Zealand

143

Reprinted as at Part 31 s 669 Niue Act 1966 20 September 2007

Government Service under subsection (2) may hold positions concurrently in both services, and in such a case— (a) his status, rights, and liabilities in each service shall be

unaffected by the fact that he holds a position in the other service; and

(b) in respect of each position he shall be subject to the laws governing the service to which that position belongs, ir- respective of his tenure of a position in the other service; and

(c) he shall in respect of each service be qualified for pro- motion, increase of salary, and appointment to any other position as if he held no position in the other service.

(4) So long as any person so holds positions concurrently in both services, he shall be deemed to be absent on leave without pay from the New Zealand Government Service or, as the case may be, from the Niue Public Service, unless the New Zealand controlling authority or, as the case may be, the Commission otherwise directs.

(5) When an employee of the New Zealand Government Service is appointed to a position in the Niue Public Service, and then or thereafter ceases to hold a position in the NewZealand Gov- ernment Service, he shall not be deemed for that reason to have retired from the New Zealand Government Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the New Zealand Government Service, shall so remain until he ceases to be employed in the Niue Public Service and for such further period, not exceeding 6 months, as the New Zealand controlling authority may from time to time in any case allow.

(6) When an employee of the Niue Public Service is appointed to a position in the New Zealand Government Service, and then or thereafter ceases to hold a position in the Niue Public Service, he shall not be deemed for that reason to have retired from the Niue Public Service, but shall become a supernumerary em- ployee of that service, and, unless he sooner resigns from the Niue Public Service, shall so remain until he ceases to be em- ployed in the New Zealand Government Service and for such further period, not exceeding 6 months, as the Commission may from time to time in any case allow.

144

Reprinted as at 20 September 2007 Niue Act 1966 Part 31 s 670

(7) A supernumerary employee shall receive no pay in respect of the service of which he is a supernumerary employee, but shall for all other purposes be deemed to remain an employee of that service.

(8) Any employee of the Niue Public Service may, with the con- sent of the New Zealand controlling authority, be attached to the New Zealand Government Service for training or experi- ence, and during the period of his service in New Zealand that employee shall be paid such salary and allowances as may be determined by the New Zealand controlling authority. Compare: 1957 No 103 s 85; 1962 No 40 s 18; 1965 No 1 s 3(2)

670 Contribution to Government Superannuation Fund by employees of the Niue Public Service

(1) The provisions of subsections (2) and (3) of section 50 of the Government Superannuation Fund Act 1956 shall not apply to any permanent employee of the Niue Public Service who was not ordinarily resident in Niue immediately before his appoint- ment to the Niue Public Service, or, in the case of an appoint- ment made before the commencement of this Act, to the Cook Islands Public Service, unless at any time, by notice in writing to the Government Superannuation Fund Authority, he elects to become a contributor to that Fund; and, if he so elects,— (a) he shall be a contributor to that Fund from the dates

specified in subsection (2) or subsection (3), as the case may be, of the said section 50, or from such date as he may elect pursuant to the provisions of section 22 of the Government Superannuation Fund Act 1956; and

(b) he shall have the right, pursuant to section 28 of that Act, to cease to be a contributor.

(2) While any employee to whom subsection (1) of section 669 applies holds positions concurrently in both services, or is a su- pernumerary employee of the New Zealand Government Ser- vice in accordance with the provisions of subsection (5) of that section, and is a contributor to the Government Superannu- ation Fund, the salary together with increments, if any, that in the opinion of the New Zealand controlling authority he would have been entitled to receive in respect of his employ- ment in the New Zealand Government Service had he not been

145

Reprinted as at Part 31 s 670 Niue Act 1966 20 September 2007

appointed to the Niue Public Service shall be deemed to be his salary for the purposes of the Government Superannuation Fund Act 1956: provided that, when any such employee has held a position in the Niue Public Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or, if he is transferred to or returns to employment in the New Zealand Government Service, within 1 year after the termination of service in Niue, elect to contribute on the salary received by him in respect of his employment in the Niue Public Service (exclusive of any special allowance received by him in respect of his residence in Niue) with effect from the date of his appointment in the last-mentioned service.

(3) For the purposes of the proviso to subsection (2), an appoint- ment to a position in the Cook Islands Public Service in rela- tion to the Government of Niue made before the commence- ment of this Act shall be deemed to be an appointment to the Niue Public Service, and service in that position before the commencement of this Act shall be deemed to be service in a position in the Niue Public Service.

(4) While any person to whom subsection (2) of section 669 ap- plies holds positions concurrently in both services or is a su- pernumerary employee of the Niue Public Service under sub- section (6) of that section, or is attached to the New Zealand Government Service under subsection (8) of that section, the salary together with increments, if any, that in the opinion of the Commission he would have been entitled to receive in re- spect of his employment in the Niue Public Service had he not been appointed to a position in or been attached to the New Zealand Government Service shall be deemed to be his salary for the purposes of the Government Superannuation Fund Act 1956: provided that, when any such employee has held a position in the New Zealand Government Service for a continuous period of 6 years, he may, at any time after the expiration of that period while he still holds a position in that service, or, if he is transferred to or returns to employment in the Niue Public Service, within 1 year after the termination of service in New

146

Reprinted as at 20 September 2007 Niue Act 1966 Part 31 s 670

Zealand, elect to contribute on the salary received by him in respect of his employment in the New Zealand Government Service with effect from the date of his appointment in the last-mentioned service.

(5) Upon any such election, there shall be payable by the em- ployee to the Fund, within such time and in such manner as the Government Superannuation Fund Authority determines, such sum as that Authority fixes in respect of the excess of his salary during the past period as an employee of the Cook Is- lands Public Service or of the Niue Public Service or of the New Zealand Government Service, as the case may be, over the amount deemed to be his salary during that period under the foregoing provisions of this subsection.

(6) In this section the term employee includes— (a) a Judge of the High Court: (b) a Judge of the Land Court: (c) the holder of any position specified in a declaration

made pursuant to section 661: (d) the holder of any position specified in a notice given in

relation to the Government of Niue pursuant to para- graph (e) of subsection (9) of section 50 of the Govern- ment Superannuation FundAct 1956 (as enacted by sec- tion 2 of the Government Superannuation FundAmend- ment Act 1958).

Compare: 1957 No 103 s 85A; 1962 No 40 s 19(1); 1965 No 1 s 3(2) Section 670(1): amended, on 2 October 2001, by section 40 of the Government Superannuation Fund Amendment Act 2001 (2001 No 47). Section 670(1): amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30). Section 670(1)(a): amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30). Section 670(2): amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30). Section 670(4): amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30). Section 670(5): amended, on 2 October 2001, by section 40 of the Government Superannuation Fund Amendment Act 2001 (2001 No 47). Section 670(5): amended, on 1 October 1995, by section 31 of the Government Superannuation Fund Amendment Act 1995 (1995 No 28). Section 670(6)(d): amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30).

147

Reprinted as at Part 31 s 671 Niue Act 1966 20 September 2007

671 Employees of New Zealand Government Service seconded to Tokelau Islands Administration [Repealed] Section 671: repealed, on 1 January 1969, by section 17 of the Tokelau Islands Amendment Act 1967 (1967 No 38).

Part 32 The laws of Niue: General provisions Application of the laws of New Zealand

672 Law of England as in the year 1840 to be in force in Niue [Repealed] Section 672: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

673 Jurisdiction of the High Court [Repealed] Section 673: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

674 Common law and equity to be administered concurrently [Repealed] Section 674: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

675 Statute law of New Zealand not applicable to Niue [Repealed] Section 675: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

676 When enactment in force in Niue, amendments and regulations to be in force also [Repealed] Section 676: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

148

Reprinted as at 20 September 2007 Niue Act 1966 Part 32 s 683A

677 Other enactments in force in Niue to be read subject to this Act [Repealed] Section 677: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

678 Criminal procedure in Niue [Repealed] Section 678: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

679 Interpretation Act in force in Niue [Repealed] Section 679: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

680 Administration Act in force in Niue [Repealed] Section 680: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

681 Arbitration Act in force in Niue [Repealed] Section 681: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

682 Bills of Exchange Act in force in Niue [Repealed] Section 682: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

683 Carriage of Goods Act in force in Niue [Repealed] Section 683: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

683A Charitable Trusts Act in force in Niue (1) The Charitable Trusts Act 1957 shall be in force in Niue.

149

Reprinted as at Part 32 s 684 Niue Act 1966 20 September 2007

(2) In that Act the term “NewZealand” shall, both in NewZealand and in Niue, be read as including Niue. Section 683A: inserted, on 31 October 1968, by section 5 of the Niue Amend- ment Act 1968 (1968 No 15).

684 Personal Property Securities in force in Niue [Repealed] Section 684: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

684A Citizenship Act in force in Niue [Repealed] Section 684A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

685 Sections 23, 25, and 26 of Control of Prices Act in force in Niue [Repealed] Section 685: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

686 Copyright Act in force in Niue (1) The Copyright Act 1994 shall be in force in Niue in the same

manner in all respects as if Niue were for all purposes part of New Zealand, and the term “New Zealand” as used in that Act shall, both in New Zealand and in Niue, be read as including Niue accordingly.

(2) The High Court shall have no jurisdiction in civil proceedings under that Act. Compare: 1915 No 40 s 627 Section 686(1): amended, on 1 January 1995, pursuant to section 236(2) of the Copyright Act 1994 (1994 No 143).

687 Deaths by Accidents Compensation Act in force in Niue [Repealed] Section 687: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

150

Reprinted as at 20 September 2007 Niue Act 1966 Part 32 s 692

688 Demise of the Crown Act in force in Niue [Repealed] Section 688: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

689 Designs Act in force in Niue (1) The Designs Act 1953 shall be in force in Niue in the same

(2) The High Court shall have no jurisdiction in civil proceedings under that Act.

(3) All designs registered in New Zealand at the commencement of this Act shall have the same protection in Niue as in New Zealand. Compare: 1915 No 40 s 635; 1965 No 1 s 3(1)

689A Misuse of Drugs Act in force in Niue [Repealed] Section 689A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

690 Incorporated Societies Act in force in Niue (1) The Incorporated Societies Act 1908 shall be in force in Niue. (2) In that Act the term “NewZealand” shall, both in NewZealand

and in Niue, be read as including Niue. Compare: 1952 No 32 s 5

691 Industrial and Provident Societies Act in force in Niue [Repealed] Section 691: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

692 Parts of Infants Act in force in Niue [Repealed] Section 692: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

151

Reprinted as at Part 32 s 693 Niue Act 1966 20 September 2007

693 Marine Insurance Act in force in Niue [Repealed] Section 693: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

694 Mercantile Law Act in force in Niue (1) The Mercantile Law Act 1908 shall be in force in Niue. (2) Both in the application of that Act to Niue and in its application

to New Zealand the term “New Zealand” as used in that Act shall be deemed to include Niue as being part of New Zealand. Compare: 1915 No 40 s 632

695 Merchandise Marks Act in force in Niue (1) The Merchandise Marks Act 1954 shall be in force in Niue

in all respects as if Niue were for all purposes part of New Zealand, and the term “New Zealand” as used in that Act shall, both in New Zealand and in Niue, be read as including Niue accordingly.

(2) The High Court shall have no jurisdiction in civil proceedings under that Act. Compare: 1915 No 40 s 635; 1965 No 1 s 3(1)

696 Occupiers Liability Act in force in Niue [Repealed] Section 696: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

697 Partnership Act in force in Niue [Repealed] Section 697: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

698 Patents Act in force in Niue (1) The Patents Act 1953 shall be in force in Niue in the same

152

Reprinted as at 20 September 2007 Niue Act 1966 Part 32 s 702

(2) The High Court shall have no jurisdiction in civil proceedings under that Act.

(3) All patents in force in New Zealand at the commencement of this Act shall extend to and be in force in Niue in the same manner as in New Zealand. Compare: 1915 No 40 s 635; 1965 No 1 s 3(1)

699 Post Office Act in force in Niue (1) The Post Office Act 1959, except Parts 13 to 16, shall be in

force in Niue in the samemanner in all respects as if Niue were for all purposes part of New Zealand, subject to the following modifications.

(2) All powers conferred upon a District Court Judge by that Act may be exercised in Niue by the High Court.

(3) The term “New Zealand” as used in that Act shall, both in New Zealand and in Niue, be read as including Niue. Compare: 1915 No 40 s 636 Section 699(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

700 Property Law Act in force in Niue [Repealed] Section 700: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

701 Sale of Goods Act in force in Niue [Repealed] Section 701: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

701A Seal of New Zealand Act in force in Niue [Repealed] Section 701A: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

702 Trade Marks Act in force in Niue (1) The TradeMarks Act 2002 shall be in force in Niue in the same

manner in all respects as if Niue were for all purposes part of New Zealand, and the term “New Zealand” as used in that Act

153

Reprinted as at Part 32 s 703 Niue Act 1966 20 September 2007

shall, both in New Zealand and in Niue, be read as including Niue accordingly.

(2) The High Court shall have no jurisdiction in civil proceedings under that Act.

(3) All trade marks registered in New Zealand at the commence- ment of this Act shall have the same protection in Niue as in New Zealand. Compare: 1915 No 40 s 635; 1965 No 1 s 3(1) Section 702(1): amended, on 20 August 2003, pursuant to section 202(1) of the Trade Marks Act 2002 (2002 No 49).

703 Trustee Act in force in Niue [Repealed] Section 703: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

704 Wills Act Amendment Act 1852 in force in Niue [Repealed] Section 704: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

705 Merchant Shipping Act (UK) not to apply to Niue [Repealed] Section 705: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

706 Limitation of actions (1) The law of Niue as to prescription and the limitation of actions

shall be the same as that which is in force for the time being in New Zealand.

(2) For the purposes of the law as to prescription and the limitation of actions, New Zealand shall in Niue be deemed to be parts beyond the seas, and Niue shall in New Zealand be deemed to be parts beyond the seas.

(3) No right, title, estate, or interest in Niuean land shall be ac- quired or lost by prescription or limitation. Compare: 1915 No 40 s 641

154

Reprinted as at 20 September 2007 Niue Act 1966 Part 32 s 714

Miscellaneous rules of law 707 Legal status of married women

[Repealed] Section 707: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

708 Legitimacy [Repealed] Section 708: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

709 Joint liability [Repealed] Section 709: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

710 Contracts of guarantee [Repealed] Section 710: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

711 Contracts [Repealed] Section 711: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

712 Securities given by Niueans [Repealed] Section 712: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

713 Employer’s liability [Repealed] Section 713: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

714 Liability of owners of dogs [Repealed] Section 714: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

155

Reprinted as at Part 32 s 715 Niue Act 1966 20 September 2007

715 Distress for rent abolished [Repealed] Section 715: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

716 Libel and slander actionable without proof of special damage [Repealed] Section 716: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

717 Calendar of Niue [Repealed] Section 717: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

718 Time of day in Niue [Repealed] Section 718: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

719 Statutory references to time [Repealed] Section 719: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

720 Statutory declarations (1) Any Judge or Commissioner of the High Court or the Land

Court, the Registrar of the High Court or of the Land Court, any Judge of the Land Appellate Court, the Resident Com- missioner, the Comptroller of Customs, or any Justice of the Peace for Niue, Medical Officer, Commissioner of the Supreme Court, or solicitor of the Supreme Court, may in Niue take and receive in any matter the declaration of any per- son voluntarily making it before him in the form in Schedule 2.

(2) If any person wilfully makes a declaration that is false in any material particular, he is liable to imprisonment for a term not exceeding 2 years.

156

Reprinted as at 20 September 2007 Niue Act 1966 Part 32 s 725

(3) Any declaration made in Niue under and in accordance with this section shall be deemed to be a statutory declarationwithin the meaning of that term as used in any enactment in force in Niue or in New Zealand. Compare: 1915 No 40 s 653; 1946 No 30 s 53; 1965 No 1 s 3(1)

721 Execution of documents in Niue for use in New Zealand Where in any enactment (whether in force in Niue or not) it is provided that any document executed outside New Zealand shall be admissible in New Zealand before any court or any person acting judicially or be accepted for registration or de- posit in New Zealand if the execution thereof is witnessed by a notary public, Commonwealth representative, consular of- ficer, or overseas representative of the Government of New Zealand, or any person holding any other specified office, it shall be a sufficient compliance with that provision, in the case of a document executed in Niue, if the execution is witnessed by the Resident Commissioner or by a Judge, or Commis- sioner, or the Registrar of the High Court.

722 Taxes on Niuean land [Repealed] Section 722: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

723 Bankruptcy [Repealed] Section 723: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

724 Warrants of arrest [Repealed] Section 724: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

725 Trespass ab initio [Repealed] Section 725: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

157

Reprinted as at Part 32 s 726 Niue Act 1966 20 September 2007

Miscellaneous provisions [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

726 Banking [Repealed] Section 726: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

727 Sale of island products by Cabinet of Ministers on behalf of planters [Repealed] Section 727: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Oath of allegiance and judicial oath [Repealed]

Heading: repealed, on 20 September 2007, pursuant to section 5 of the Niue Amendment Act 2007 (2007 No 71).

728 Certain officers to take oath of allegiance and judicial oath [Repealed] Section 728: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

Part 33 Transitional provisions, savings, and

consequential amendments [Repealed]

Part 33: repealed, on 20 September 2007, by section 5 of the Niue Amendment Act 2007 (2007 No 71).

729 Cook Islands Act and amendments not to apply to Niue [Repealed] Section 729: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

158

Reprinted as at 20 September 2007 Niue Act 1966 Part 33 s 735

730 The High Court [Repealed] Section 730: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

731 The Land Court [Repealed] Section 731: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

732 The Land Appellate Court [Repealed] Section 732: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

733 The Niue Public Service [Repealed] Section 733: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

734 Customs [Repealed] Section 734: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

735 Consequential amendments [Repealed] Section 735: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

159

Reprinted as at Schedule 1 Niue Act 1966 20 September 2007

Schedule 1 s 38(2)(a) Reserved enactments

[Repealed] Schedule 1: repealed, at 11 pm on 19 October 1974, by section 2(1) of the Niue Amendment Act 1974 (1974 No 43).

160

Reprinted as at 20 September 2007 Niue Act 1966 Schedule 2

Schedule 2 s 720 Form of declaration

I, AB [insert place of abode and occupation or description], solemnly and sincerely declare that [insert facts]. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of Parliament of New Zealand entitled the Niue Act 1966.

AB Declared at [place] in Niue this [date] before me—

CD, Judge of the High Court of Niue (or Judge of the Land Court, Judge of the Land Appellate Court, Commissioner of the High Court, Com- missioner of the Land Court, Registrar of the High Court, Registrar of the Land Court, Resident Commissioner of Niue, Comptroller of Customs, Justice of the Peace for Niue, Medical Officer of Niue, so- licitor of the Supreme Court of New Zealand, as the case may be)

161

Reprinted as at Schedule 3 Niue Act 1966 20 September 2007

Schedule 3 s 729(1) Enactments ceasing to be in force in Niue

[Repealed] Schedule 3: repealed, on 20 September 2007, by section 5 of the Niue Amend- ment Act 2007 (2007 No 71).

162

Reprinted as at 20 September 2007 Niue Act 1966 Notes

Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations

Publication Act 1989 5 List of amendments incorporated in this reprint (most recent

first)

Notes

1 General This is a reprint of the Niue Act 1966. The reprint incorporates all the amendments to the Act as at 20 September 2007, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted.

163

Reprinted as at Notes Niue Act 1966 20 September 2007

For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also beenmade since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of

this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5

point) • layout of provisions, including:

• indentation • position of section headings (eg, the number and

heading now appear above the section) • format of definitions (eg, the defined term now appears

in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the

1st day of January 1999” is now expressed as “1 January 1999”)

164

Reprinted as at 20 September 2007 Niue Act 1966 Notes

• position of the date of assent (it now appears on the front page of each Act)

• punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with

arabic numerals, and all cross-references are changed accordingly

• case and appearance of letters and words, including: • format of headings (eg, headings where each

word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

• small capital letters in section and subsection references are now capital letters

• schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

• running heads (the information that appears at the top of each page)

• format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

List of amendments incorporated in this reprint (most recent first) Niue Amendment Act 2007 (2007 No 71) Trade Marks Act 2002 (2002 No 49): section 202(1) Government Superannuation FundAmendment Act 2001 (2001No 47): section 40 Customs and Excise Act 1996 (1996 No 27): section 289(1) Government Superannuation FundAmendment Act 1995 (1995No 28): section 31 Copyright Act 1994 (1994 No 143): section 236(2) Foreign Affairs Amendment Act 1993 (1993 No 48): section 9(3) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46): section 137(1) State Sector Act 1988 (1988 No 20): section 90(a) Constitution Act 1986 (1986 No 114): section 29(2)

165

Reprinted as at Notes Niue Act 1966 20 September 2007

District Courts Amendment Act 1979 (1979 No 125): section 18(2) Judicature Amendment Act 1979 (1979 No 124) section 12 Tokelau Amendment Act 1976 (1976 No 122): section 3(8) Government Superannuation FundAmendment Act 1976 (1976No 30): section 3(3) Niue Amendment Act (No 2) 1974 (1974 No 110) Niue Amendment Act 1974 (1974 No 43) Niue Amendment Act 1971 (1971 No 143) Niue Act Commencement Order 1969 (SR 1969/232) Criminal Justice Amendment Act 1969 (1969 No 17): section 5(3) Mental Health Act 1969 (1969 No 16): section 129(5) Niue Amendment Act (No 2) 1968 (1968 No 132) Niue Amendment Act 1968 (1968 No 15) Tokelau Islands Amendment Act 1967 (1967 No 38): section 17

Wellington, New Zealand: Published under the authority of the New Zealand Government—2012

166

نيوي

NU001

Niue Act 1966 (reprinted as at 20 September 2007)