which a decision has been taken by a Minister (including the Premier) but which has not been considered by Cabinet.
(4) A decision of Cabinet shall be recorded in minutes, which shall, under the hand of the Secretary to the Cabinet, be communicated to the High Commissioner within forty-eight hours of the making of the decision or, if the decision is one to which paragraph (c) of subclause (1) of Article 19 hereof applies, within twenty-four hours of the making of the decision.
(5) A decision of Cabinet shall not take effect except under the provisions of Article 19 hereof.
Schedule Article 18(3): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 18(4): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
19 When decision of Cabinet takes effect
(1) A decision of Cabinet shall take effect—
- (a) On its approval by the High Commissioner, acting in his discretion; or
- (b) On the expiry of four days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 25 hereof; or
- (c) If the issue involved in the decision is, in the opinion of Cabinet, of extreme urgency, on the expiry of two days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 25 hereof; or
- (d) Under the provisions of Article 25 hereof.
(2) For the purposes of paragraphs (b) and (c) of subclause (1) of this Article, the date of a decision of Cabinet shall be the date on which the minutes in which the decision is recorded are communicated to the High Commissioner under the provisions of subclause (4) of Article 18 hereof.
(3) An instrument under the hand of the Secretary to the Cabinet certifying that a decision of Cabinet has taken effect shall be conclusive evidence that that decision has taken effect.
Schedule Article 19(1)(a): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
Schedule Article 19(2): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).
20 Secretary to the Cabinet
The person for the time being holding office as the Secretary of the Premier’s Department shall also be the Secretary to the Cabinet.
