Niue

Overview

Niue is a self-governing parliamentary democracy in ‘free association’ with New Zealand. It achieved self-rule in 1974. Niueans maintain New Zealand citizenship. The Niue Constitution Act (NZ) vests executive authority in Her Majesty the Queen in Right of New Zealand and the Governor-General of New Zealand.
Niue is located 2,400 kilometers northeast of New Zealand in a triangle between Tonga, Samoa, and the Cook Islands. The Niuean language and the English language are both taught in schools and used in day to day business and communications. Niueans are predominantly Polynesian.

Government

Niue’s system of government is based on the Westminster system.  The Niue Assembly consists of twenty members, fourteen of whom are elected by village constituencies and six from the common roll. The twenty members elect a Premier and the Premier selects three cabinet ministers from the remaining nineteen parliamentarians.  Members elect a Speaker from outside their ranks. A general election is held every three years.

Demography

The population of the island continues to drop (from a peak of 5,200 in 1966 to an estimated 1,492 in 2007), with substantial emigration to New Zealand.

Economy

The economy suffers from the typical Pacific island problems of geographic isolation, few resources, and a small population. Government expenditures regularly exceed revenues and the shortfall is made up by grants from New Zealand that are used to pay wages to public employees.

The agricultural sector consists mainly of subsistence gardening, although some cash crops are grown for export. Industry consists primarily of small factories to process passion fruit, lime oil, honey, and coconut cream. The sale of postage stamps to foreign collectors is an important source of revenue.

Economic aid from New Zealand in 2002 was about US $2m. Niue suffered a catastrophic typhoon in January 2004 which destroyed nascent economic programs. While in the process of rebuilding Niue continues to be dependent on foreign aid.

Legal System

Law and justice development projects

Niue is a participant in the Pacific Judicial Development Program. The program designed to build governance and the rule of law in fifteen Pacific Island Countries. It is achieving this by designing and implementing activities which build the capacity of judicial and court officers and strengthen the systems and processes they use.  
In May 2007 a Court Registry Scoping Plan commenced as a part of the Pacific Judicial Development Program with a review of aspects of the Registry including filing systems, procedures, practices and customer service, as well as the Registry’s role in reducing backlog. A plan was then developed to implement changes in line with the goals of the Niue registry. An investigation into the current data collection systems also took place with judicial and court officers in Niue to determine ideal processes for data collection at various levels.

Court structure and the legal system

Niue has a High Court and Court of Appeal. The Court of Appeal was constituted in 1992. Prior to that time appeals were heard by the Court of Appeal in New Zealand. The Court of Appeal may sit as an inferior court or as a superior court depending on its constitution.  The Court of Appeal can sit in Niue or overseas and its decisions are final except where the Queen grants permission to appeal to the Privy Council.

The High Court is divided into civil, criminal and land divisions. Jurisdiction of the High Court can be exercised by a single judge. Commissioners of the High Court may be appointed by Cabinet (to exercise jurisdiction other than that vested in the Chief Justice).  The Cabinet may also appoint justices of the peace and any two justices acting together may fulfill the role of a Commissioner.

Judiciary

The Court of Appeal is constituted by three judges – the Chief Justice and two puisne judges of the High Court.
The High Court consists of one or more judges appointed by the Governor-General  (acting on the advice of cabinet tendered by the Chief Justice, or in case of the appointment of the Chief Justice, the Chief Justice and Minister of Justice). Commissioners of the High Court may be appointed by Cabinet (to exercise jurisdiction other than that vested in the Chief Justice).  The Cabinet may also appoint justices of the peace and any two justices acting together may fulfill the role of a Commissioner.

Custom and the influence on the legal system

The Constitution of Niue includes a provision whereby title to or interest in Niuean land is to be determined according to Niuean custom and any Ordinance or other enactment affecting Niuean custom.