Monarchy in the Cook Islands

Last updated

King of New Zealand
Te Kīngi o Aotearoa (Māori)
Coat of arms of New Zealand.svg
Incumbent
King Charles III (July 2023).jpg
Charles III
Tiāre te Tuatoru (Māori)

since 8 September 2022
Details
Style His Majesty
Heir apparent William, Prince of Wales

The Cook Islands are a constitutional monarchy within the Realm of New Zealand. Under the Cook Islands Constitution, the Sovereign in Right of New Zealand (currently Charles III ) has been Head of State of the Cook Islands since 4 August 1965. The Sovereign is represented by the King's Representative; as such, the King is the de jure head of state, holding several powers that are his alone, while the King's Representative is sometimes referred to as the de facto head of state. The viceregal position is currently held by Tom Marsters.

Contents

Constitutional role

In 1965 Queen Elizabeth II became Head of State of the Cook Islands when the country obtained a position of free-association with New Zealand.

Article 2 of the Cook Islands Constitution states that "Her Majesty the Queen in Right of New Zealand shall be the Head of State of the Cook Islands." [1] The expression "in Right of New Zealand" refers directly to the constitutional concept of the "Realm of New Zealand," as described in the 1983 Letters Patent Constituting the Office of Governor-General of New Zealand, approved by the Cook Islands after consultation with New Zealand. In clause 1, the Realm of New Zealand is defined as including New Zealand, the self-governing state of the Cook Islands, the self-governing state of Niue, Tokelau and the Ross Dependency.

Thus, Elizabeth II, by virtue of being Head of State of her entire Realm of New Zealand, as described in the Letters Patent, was also Head of State of that part of her Realm of New Zealand referred to in the Letters Patent as "the self-governing state of the Cook Islands."

The New Zealand - Cook Islands Joint Centenary Declaration states that:

Her Majesty the Queen as Head of State of the Cook Islands is advised exclusively by Her Cook Islands Ministers in matters relating to the Cook Islands... In all matters affecting the Realm of New Zealand, of which the Cook Islands and New Zealand are part, there will be close consultation between the Signatories. [2]

On the passing of Elizabeth II on 8 September 2022, her son King Charles III immediately succeeded her to become Head of State of the Cook Islands via its free-association with New Zealand.

Sovereign's Representative

Flag of the Sovereign's Representative Flag of the Queen's Representative.svg
Flag of the Sovereign's Representative

The Queen's Representative is the representative of the Queen of New Zealand. There is a separate representative of the New Zealand Government, and of the Cook Islands in New Zealand

Professor Noel Cox

The Monarch's constitutional roles in the Cook Islands have been almost entirely delegated to the Sovereign's Representative. Royal assent and proclamation are required for all acts of Parliament; usually granted by the Sovereign's Representative.

Originally the viceregal representative was titled as High Commissioner and was appointed by the Governor-General of New Zealand on the recommendation of the minister in the New Zealand Government who was deemed responsible for matters relating to the Cook Islands, and after consultation with the Premier of the Cook Islands. In the early 1980s, the Cook Island Constitution was amended so that the words "Queen's Representative" were substituted for the word "High Commissioner," [3] and the words "Prime Minister" were substituted for the word "Premier." [4] Further, the 1981 Constitution Amendment decreed that the King's representative was appointed directly by the Monarch; not the Governor-General of New Zealand. The text states that "[there] shall be a representative of Her Majesty the Queen in the Cook Islands, to be known as the Queen's Representative [to be appointed] by Her Majesty the Queen..." [1]

Article 5 of the Constitution states that the Queen's Representative is to act on the advice of her Cook Islands Ministers: "The Queen's Representative in the performance of his functions as the representative of Her Majesty the Queen shall act on the advice of Cabinet, the Prime Minister, or the appropriate Minister as the case may be..." [1]

Over the Realm of New Zealand, the Letters Patent established the office of the Governor-General, and provide that the Governor-General is "[the Queen's] representative in [the] Realm of New Zealand" who may exercise his or her powers and authorities "without prejudice to the office, powers, or authorities of any other person who has been or may be appointed to represent [Her Majesty] in any part of [her] Realm of New Zealand and to exercise powers and authorities on [her] behalf." [5] However, the relationship between the Governor-General of New Zealand and the Queen's Representative is quite different. Under the Cook Islands' Constitution, executive power is "vested in Her Majesty the Queen in right of New Zealand... the executive authority of the Cook Islands may be exercised on behalf of Her Majesty by the Queen's Representative either directly or through officers subordinate to him. [1] This leaves the Governor-General with only an indirect constitutional role in the form of the defence and external affairs prerogatives, arising from the Governor-General's constitutional position in terms of the Realm as a whole. Any viceregal powers and responsibilities in the Cook Islands are vested in the Sovereign's Representative, leaving the Governor-General with no substantive role in relation to the territory. [6]

Title

The King's official title is: King Charles the Third, By the Grace of God King of New Zealand and of His Other Realms and Territories, Head of the Commonwealth, Defender of the Faith . [7]

Succession

Royal succession is governed by the Royal Succession Act 2013. [8] This legislation lays out the rules that the Monarch cannot be a Roman Catholic, and must be in communion with the Church of England upon ascending the throne.

The heir apparent is Charles III's eldest son, William, Prince of Wales.

Symbols of monarchy

Elizabeth II on a 2009 coin of the Cook Islands 2009 1 oz Cook Islands Platinum-01.png
Elizabeth II on a 2009 coin of the Cook Islands

References to the monarch are commonplace in public life in the Cook Islands. There are references to the Crown in legal documents, Oaths of office taken by the King's Representative, Members of Parliament and Judges of the High Court, and prescriptions in the Constitution require allegiance to be sworn to the reigning Sovereign as the Head of State of the Cook Islands.

Unlike in the United Kingdom, the King's Official Birthday is a public holiday on the first Monday in June. Elizabeth II's portrait continues to appear on the obverse of coins, and all banknotes feature the portrait of Elizabeth II as the watermark until new currency is issued with Charles III's portrait. However, only the $20 banknote bears her image as the main feature (Cook Islands use the New Zealand dollar).

Elizabeth II undertook a royal tour of the Cook Islands between 28 January and 29 January 1974. [9]

List of monarchs

The following table lists the monarchs who have reigned over the Cook Islands since it was annexed by Britain on 9 October 1900, through its incorporation into the boundaries of the colony of New Zealand on 11 June 1901, and since achieving self-government on 4 August 1965. [10]

Portrait Regnal name
(Birth–Death)
ReignFull nameConsortHouse
StartEnd
Queen Victoria by Bassano.jpg Victoria
(1819–1901)
9 October 1900 [lower-alpha 1] 22 January 1901Alexandrina VictoriaWidowed Hanover
Eduard VII.jpg Edward VII
(1841–1910)
22 January 19016 May 1910Albert Edward Alexandra of Denmark Saxe-Coburg and Gotha
King George 1923 LCCN2014715558 (cropped).jpg George V
(1865–1936)
6 May 191020 January 1936George Frederick Ernest Albert Mary of Teck Windsor [lower-alpha 2]
HRH The Prince of Wales No 4 (HS85-10-36416).jpg Edward VIII
(1894–1972)
20 January 193611 December 1936Edward Albert Christian George Andrew Patrick DavidNoneWindsor
King George VI LOC matpc.14736 A (cropped).jpg George VI
(1895–1952)
11 December 19366 February 1952Albert Frederick Arthur George Elizabeth Bowes-Lyon Windsor
Elizabeth II, Queen of New Zealand.jpeg Elizabeth II
(1926–2022)
6 February 19528 September 2022Elizabeth Alexandra Mary Philip Mountbatten Windsor
Queen's Representatives (from 1975): Sir Gaven Donne, Sir Graham Speight (acting), Sir Tangaroa Tangaroa, Sir Apenera Short, Laurence Greig (acting), Sir Frederick Tutu Goodwin, Sir Tom Marsters
Premiers (1965-1981) / Prime Ministers (from 1981): Albert Henry, Sir Thomas Davis, Sir Pupuke Robati, Sir Geoffrey Henry, Joe Williams, Sir Terepai Maoate, Robert Woonton, Jim Marurai, Henry Puna, Mark Brown
King Charles III (July 2023).jpg Charles III
(born 1948)
8 September 2022presentCharles Philip Arthur George Camilla Shand Windsor
King's Representatives: Sir Tom Marsters
Prime ministers: Mark Brown

Notes

  1. The date the Cook Islands were annexed as a British territory.
  2. Saxe-Coburg and Gotha until 1917, and Windsor thereafter.

Related Research Articles

<span class="mw-page-title-main">Monarchy of New Zealand</span> Function and history of the New Zealand monarchy

The monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, acceded to the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022 in the United Kingdom. The King's elder son, William, Prince of Wales, is the heir apparent.

<span class="mw-page-title-main">Monarchy of Solomon Islands</span> Constitutional monarchy as a system of government in Solomon Islands

The monarchy of Solomon Islands is a system of government in which a hereditary monarch is the sovereign and head of state of Solomon Islands. The current monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Solomon Islands. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Solomon Islands and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Solomon Islands. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Antigua and Barbuda</span> Constitutional monarchy as a system of government in Antigua and Barbuda

The monarchy of Antigua and Barbuda is a system of government in which a hereditary monarch is the sovereign and head of state of Antigua and Barbuda. The current Antiguan and Barbudan monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Antigua and Barbuda. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Antigua and Barbuda and, in this capacity, he and other members of the Royal Family undertake public and private functions domestically and abroad as representatives of Antigua and Barbuda. However, the King is the only member of the Royal Family with any constitutional role.

<span class="mw-page-title-main">Governor-General of New Zealand</span> Representative of the monarch of New Zealand

The governor-general of New Zealand is the representative of the monarch of New Zealand, currently King Charles III. As the King is concurrently the monarch of 14 other Commonwealth realms and lives in the United Kingdom, he, on the advice of his New Zealand prime minister, appoints a governor-general to carry out his constitutional and ceremonial duties within the Realm of New Zealand.

<span class="mw-page-title-main">Monarchy of Australia</span> Key institution of the Commonwealth of Australia

The monarchy of Australia is a key component of Australia's form of government, embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional one, modelled on the Westminster system of parliamentary government, while incorporating features unique to the constitution of Australia.

<span class="mw-page-title-main">Monarchy of Jamaica</span> Form of government in Jamaica

The monarchy of Jamaica is a system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The current Jamaican monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Jamaican Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Jamaica and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Jamaican state. However, the monarch is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Belize</span> Function and history of the Belizean monarchy

The monarchy of Belize is a system of government in which a hereditary monarch is the sovereign and head of state of Belize. The current Belizean monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Belizean Crown. Although the person of the sovereign is shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled Kingof Belize and, in this capacity, he and other members of the royal family undertake public and private functions as representatives of the Belizean state. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Barbados</span> Constitutional monarchy as a system of government in Barbados from 1966 to 2021

The monarchy of Barbados was a system of government in which a hereditary monarch was the sovereign and head of state of Barbados from 1966 to 2021. Barbados shared the sovereign with the other Commonwealth realms, with the country's monarchy being separate and legally distinct. The monarch's operational and ceremonial duties were mostly delegated to her representative, the governor-general of Barbados.

<span class="mw-page-title-main">Monarchy of the Bahamas</span> Constitutional monarchy as a system of government in The Bahamas

The monarchy of the Bahamas is a system of government in which a hereditary monarch is the sovereign and head of state of the Commonwealth of the Bahamas. The current Bahamian monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Bahamian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of the Bahamas and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Bahamian state. However, the King is the only member of the Royal Family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Grenada</span> Constitutional monarchy as a system of government in Grenada

The monarchy of Grenada is a system of government in which a hereditary monarch is the sovereign and head of state of Grenada. The current Grenadian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Grenadian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Grenada and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Grenada. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Papua New Guinea</span> System of government in Papua New Guinea

The monarchy of Papua New Guinea is a system of government in which a hereditary monarch is the sovereign and head of state of Papua New Guinea. The current Papua New Guinean monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Papua New Guinean Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Papua New Guinea and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Papua New Guinea. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Saint Kitts and Nevis</span> Constitutional monarchy as a system of government in Saint Kitts and Nevis

The monarchy of Saint Kitts and Nevis is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Kitts and Nevis. The current monarch of Saint Kitts and Nevis, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Saint Kitts and Nevis. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Saint Christopher and Nevis and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Kitts and Nevis. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Saint Lucia</span> System of government in Saint Lucia

The monarchy of Saint Lucia is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Lucia. The current monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Saint Lucian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Saint Lucia and, in this capacity, he and other members of the Royal Family undertake public and private functions domestically and abroad as representatives of the Saint Lucian state. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Saint Vincent and the Grenadines</span> System of government in Saint Vincent and the Grenadines

The monarchy of Saint Vincent and the Grenadines is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Vincent and the Grenadines. The current Vincentian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Vincentian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Saint Vincent and the Grenadines and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Vincent and the Grenadines. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Tuvalu</span> Constitutional monarchy as a system of government in Tuvalu

The monarchy of Tuvalu is a system of government in which a hereditary monarch is the sovereign and head of state of Tuvalu. The current Tuvaluan monarch and head of state since 8 September 2022 is King Charles III. As sovereign, he is the personal embodiment of the Tuvaluan Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Tuvalu and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Tuvaluan state. However, the King is the only member of the royal family with any constitutional role.

Australia is a constitutional monarchy whose Sovereign also serves as Monarch of the United Kingdom, New Zealand, Canada and eleven other former dependencies of the United Kingdom including Papua New Guinea, which was formerly a dependency of Australia. These countries operate as independent nations, and are known as Commonwealth realms. The history of the Australian monarchy has involved a shifting relationship with both the monarch and also the British government.

There are six monarchies in Oceania where supreme power resides with an individual hereditary head, who is recognised as the head of state. Each is a constitutional monarchy, wherein the sovereign inherits his or her office, usually keeps it until death or abdication, and is bound by laws and customs in the exercise of their powers. Five of these independent states share King Charles III as their respective head of state, making them part of a global grouping known as the Commonwealth realms; in addition, all monarchies of Oceania are members of the Commonwealth of Nations. The only sovereign monarchy in Oceania that does not share a monarch with another state is Tonga. Australia and New Zealand have dependencies within the region and outside it, although five non-sovereign constituent monarchs are recognized by New Zealand, Papua New Guinea and France.

The Letters Patent, 1947, are letters patent signed by George VI, as King of Canada, on 8 September 1947 and came into effect on 1 October of the same year. These letters, replacing the previous letters patent issued in 1931, reconstituted the Office of the governor general of Canada under the terms of the Constitution Act, 1867, expanding the governor general's ability to exercise the royal prerogative, thereby allowing her or him to use most of the "powers and authorities" lawfully belonging to the sovereign and to carry out an increased number of the sovereign's duties in "exceptional circumstances".

<span class="mw-page-title-main">Queen of Trinidad and Tobago</span> Head of state of Trinidad and Tobago from 1962 to 1976

Elizabeth II was Queen of Trinidad and Tobago from the independence of Trinidad and Tobago on 31 August 1962 until the country became a republic on 1 August 1976. Her constitutional role as head of state was delegated to a governor-general, who acted on the advice of government ministers.

<span class="mw-page-title-main">Letters Patent Constituting the Office of Governor-General of New Zealand</span> Royal decree in New Zealand

The Letters Patent Constituting the Office of Governor-General of New Zealand is a royal decree and a part of the uncodified New Zealand constitution. Sometimes known as the Letters Patent 1983, the instrument has been amended twice since its original issue in 1983. The letters patent—essentially an open letter from Queen Elizabeth II that is a legal instrument—constitutes the office of governor-general as the monarch's representative in the Realm of New Zealand, vests executive authority in the governor-general, establishes the Executive Council to advise the governor-general, and makes provision for the exercise of the governor-general's powers should the office be vacant.

References

  1. 1 2 3 4 Constitution of the Cook Islands
  2. Joint Centenary Declaration of the Principles of the Relationship Between New Zealand and the Cook Islands
  3. Constitution Amendment (No 10) Act 1981–82
  4. Constitution Amendment (No 9) Act 1980–81
  5. Letters Patent Constituting the Office of Governor-General of New Zealand
  6. Townend, Andrew (2003). "The strange death of the Realm of New Zealand: The implications of a New Zealand republic for the Cook Islands and Niue". Victoria University of Wellington Law Review. 34 (3): 571–607. doi:10.26686/vuwlr.v34i3.5768. hdl: 10063/5877 . Retrieved 3 August 2020.
  7. Kiro, Cindy. "Proclamation of Accession". New Zealand Gazette. Retrieved 11 September 2022.
  8. Royal Succession Act 2013 as at 26 March 2015
  9. "Commonwealth visits since 1952". royal.gov.uk. Archived from the original on 15 February 2012. Retrieved 20 June 2018.
  10. "Countries Ci-Co". rulers.org. Retrieved 26 December 2023.

See also