The judiciary is established by Part IV of the Constitution of the Cook Islands.[2] Originally, the Constitution provided for appointments to be made by the New Zealand High Commissioner, and for the High Court of New Zealand to act as a court of appeal.[3] The Chief Judge of the High Court was renamed the Chief Justice in 1975.[4] In 1981, the Constitution Amendment (No 9) Act 1980-81 reformed the judiciary and established the Court of Appeal.[5] In 1982 the power to appoint judges was repatriated with the establishment of the position of King's Representative with the Constitution Amendment (No 10) Act 1981-82.[6]
Judges
The Chief Justice and a Judge of the Court of Appeal are appointed by the King's Representative on the advice of the Executive Council.[7] High Court Judges are appointed by the King's Representative on the advice of the Executive Council, as tendered by the Chief Justice and the Minister of Justice.[8] Non-resident Judges are appointed for a three-year term;[9] other Judges are appointed for life. Judges may be removed from office by the King's Representative on the recommendation of an investigative tribunal and only for inability to perform their office, or for misbehaviour.[10]