Cook Islands Trades and Industries Regulations




SEPT. 13.] THE NEW ZEALAND GAZETTE. 2399

  1. The Resident Commissioner shall have power and authority—
    (a.) To obtain, by means of investigation under these regulations
    or otherwise, information as to the industries of the Cook
    Islands;
    (b.) To publish with respect to these industries, in such manner as
    he thinks fit, such information as he deems to be of advantage
    to the public;
    (c.) To exercise such other functions relative to those industries
    as may be lawfully conferred upon him.

  2. (1.) The Resident Commissioner may, in pursuance of this clause,
    make an investigation into any matter whatsoever relative to any
    industry carried on or proposed to be carried on in the Cook Islands,
    or relative to any industry whatever carried on which may affect the
    industries of the Cook Islands, for the purpose of obtaining information
    which may be required for the due control, regulation, and maintenance
    of the industries of the Cook Islands; the due observance, enforcement,
    or amendment of the laws relative thereto; the discovery of
    breaches of those laws; the prevention or suppression of monopolies,
    unfair competition, and other practices detrimental to the public
    welfare; the proper regulation in the public interest of the prices of
    goods and the rates of services; or for any other purpose relative to
    the industries of the Cook Islands.

(2.) For the purpose of any such investigation the Resident Commissioner
may by order require any person, firm, or body corporate
engaged or concerned or supposed to be engaged or concerned in any
industry to answer in writing, within such time and in such form as the
Resident Commissioner thinks fit, any questions which relate to that
industry or to the connection of that person, firm, or body corporate
therewith, or to any other matter within the purpose of these regulations.

(3.) For the purpose of such investigation the Resident Commissioner
may by order require any person, firm, or body corporate
engaged or concerned or supposed to be engaged or concerned in any
industry to produce for his inspection, or of any officer or other person
nominated by him in that behalf, any books or documents in the
possession or control of that person, firm, or body corporate relative
to any matter affecting that industry, and to allow copies of or extracts
from such books or documents to be made by the person so inspecting
them.

(4.) If default is made by any person, firm, or body corporate in
obedience to any order of the Resident Commissioner under this
clause, such person or body corporate, and each member of such
firm, and every person who counsels, procures, or is otherwise knowingly
concerned in such default, shall be liable on conviction to a fine
not exceeding £50.

(5.) Every person who deceives, obstructs, or attempts to deceive
or obstruct the Resident Commissioner, or any other person nominated
by him as aforesaid, in the conduct of such investigation shall be liable
on conviction to a fine not exceeding £50, or to imprisonment for a
term not exceeding three months.

(6.) All information obtained by the Resident Commissioner, or
any officer nominated by him as aforesaid, by means of any such
investigation shall be treated as confidential, subject only to the right
of publication expressly conferred upon the Resident Commissioner
by these regulations.

  1. So far as such publication is deemed by the Resident Commissioner
    to be expedient in the public interest, it shall be lawful for
    him from time to time to publish, in such manner as he thinks fit,
    any information obtained by him in the course of any investigation
    under these regulations, and any report, findings, recommendations, or
    comments made with respect thereto by the Resident Commissioner.

  2. The publication of any such matter by the Resident Commissioner
    and the republication by any other person of any matter published
    by the Resident Commissioner, or of any part of such matter,
    shall be absolutely privileged, and the matter so published or republished
    shall be a lawful subject of comment within the meaning of the
    law of defamation, and no action shall be brought by any person for
    the publication or republication of such matter whether on the ground
    of defamation or otherwise.

  3. The liability of any employer or principal to any fine for offences
    against these regulations committed by a servant or agent in the
    course of his employment shall be determined by the same principles
    as those which determine the liability of that employer or principal
    for civil injuries done by that servant or agent, and such offence shall
    be deemed to have been committed by the principal or employer
    accordingly.

C. A. JEFFERY,
Acting Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1923, No 68


NZLII PDF NZ Gazette 1923, No 68





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🌏 Cook Islands Trades and Industries Regulations, 1923 (continued from previous page)

🌏 External Affairs & Territories
10 September 1923
Trades, Industries, Cook Islands, Regulations, Resident Commissioner, Investigations, Confidentiality, Privilege
  • C. A. Jeffery, Acting Clerk of the Executive Council