Politics of Niue explained

The politics of Niue take place in a framework of a parliamentary representative democratic dependency, whereby the Chief Minister is the head of government, and of a non-partisan system. Niue is self-governing in free association with New Zealand and is fully responsible for internal affairs. New Zealand retains some responsibility for external affairs, in consultation with Niue. The Niue Constitution Act 1974 (NZ) vests executive authority in His Majesty the King in Right of New Zealand and the Governor-General of New Zealand. The constitution specifies that in everyday practice, it is exercised by a Cabinet of the Premier of Niue and three other ministers. The premier and ministers must be members of the Niue Assembly, the nation's legislative assembly.The Judiciary is independent of the executive and the legislature.

Executive branch

|Monarch|Charles III ||8 September 2022|-|Governor-General|Cindy Kiro||28 September 2021|-|Premier|Dalton Tagelagi|Independent|11 June 2020|}

The monarch is hereditary; his representative in relation to Niue (the Governor-General of New Zealand) is appointed by the monarch. The New Zealand high commissioner is appointed by, and acts solely as a diplomatic agent of, the New Zealand Government. The cabinet is chosen by the premier and appointed by the Speaker of the Niue Assembly and collectively responsible to Parliament.

Cabinet

The Cabinet is made up of four ministers, each overseeing a different portfolio. Each minister, with the exception of the Premier, has another Member of the Assembly assisting him/her in the operations of their portfolio. Each ministry also has Directory Generals serving as permanent employees of the ministries, as well as directors for each division.[1]

MinisterPortfolioConstituencyAssistant Minister
Dalton TagelagiPremier
Minister for Central and Commercial Agencies
Responsible for the departments of Cabinet & Legislative; Crown Law; NPSC & Secretariat; Police and National Security; Commercial Agencies
Alofi South
Crossley TatuiMinister of Finance and Infrastructure
Responsible for the departments of Finance and Planning; Transport; Communications; Utilities
Common roll representative
Mona Ainu'uMinister of Natural Resources
Responsible for the departments of Agriculture, Forestry and Fishery; Meteorological Services; Environment
Tuapa
Sauni TongatuleMinister for Education and Social Services
Responsible for the departments of Justice; Taoga Niue; Education; Health
Common role representative

Legislative branch

The Assembly has 20 members elected for a three-year term, 6 elected on a nationwide list, called the common roll, and 14 representatives of the villages. Electors must be New Zealand citizens, resident for at least three months, and candidates must have been electors, resident for twelve months. The speaker is elected from among the members.

Political parties and elections

In Niue, political parties have never played an important role. There is, at present, no political party, and candidates to elections therefore run as independents. The only party ever to have existed, the Niue People's Party, disbanded in 2003.

As there are no political parties, there is no formal parliamentary Opposition, though there are MPs who oppose the government.

Latest election

See main article: 2023 Niuean general election.

By-elections

Below is a list of recent by-elections:

ElectionDateReasonWinner
1988 Common Roll by-electionNovember 1988O'Love Jacobsen
1997 Common Roll by-election15 February 1997Death of Toeono TongatuleBilly Talagi
2001 Common Roll by-election2 April 2001Resignation of Hima DouglasHunuki Hunukitama
2003 Common Roll by-election30 August 2003Death of Hunuki HunukitamaKrypton Okesene
2012 Toi by-election31 March 2012MP disqualified due to improperly administered oathDion Taufitu

Judicial branch

See also: Court system of Niue.

The Judicial Committee of the Privy Council sitting in the United Kingdom is Niue's highest court. On the island, there is a Court of Appeal (which sat in New Zealand until 2009), and the High Court of Niue.[2]

The current Chief Justice of the High Court is Craig Coxhead.[3] The Chief Justice is chosen by the Governor-General of New Zealand on advice from the cabinet of Niue.[4]

Public Defender of Niue

Initially, it was the Crown Counsel of New Zealand that provided legal assistance to those accused of serious offenses such as murder. In 1971, the Select Committee on the Appointment of a Public Defender recommended that the Government of Niue provide any offenders with court representation. John Funaki (a non-attorney) was the first to serve as the Public Defender of Niue in 1976.[5] Even today, the government provides funding for a Public Defender.[6]

Administrative divisions

Niue is divided in 14 villages each with its own village council whose members are elected and serve three-year terms.[7]

International organization participation

Local government

Local Government in Niue is established under the provisions of the Niue Village Council Act 1967. Every village in Niue have a Village council, the term in office is three years before going back to the polls. The election of the members of the village council follows the same rules and regulations used in the General Election to elect members of the Niue Legislative Assembly (parliament). At the first meeting of the Village Council the Chairman will be elected, including the Deputy Chair and the appointment of the Secretary/Treasurer. The Village Council receives grants from the Government, donor agencies also fund some development projects. The Council use to organize show days and conduct fundraising activities to generate revenue to help run some of the activities of the village.

Attorney General of Niue

Before achieving independence in 1974, there was an Attorney General for Niue that also served as the Attorney General for New Zealand. However, it would not be until 1996 that Niue would create the official title of Attorney General after amending the Niue Act 1966. Nevertheless, the amendment would not create much of a constitutional change, and the introduction of the Interpretation Act 2004 instated the Crown Law Office as providing legal advice to the Niue government. As a result, it was advised in 2004 that the post of Attorney General be repealed.[8]

The head of the Crown Law Office functions as a public servant, and the Public Service Commission designates the titles for the service officers. The Crown Law Office is responsible for advising the government ministries, and advises the police in regards to criminal prosecution. Due to the lack of attorneys in Niue, there are certain instances in which the office will provide legal presentation to Niue residents.[9]

!Attorney General of Niue!Years of Service
A'e'au Semi Epati[10] c. 1995-1996
Warner Banks[11] [12] c. 1997-1999
Togia Sioneholo c. 2002-2004
*He may have spent the majority of his service as the Acting Attorney General as the Niue government had difficulty filling the position.

See also

External links

Notes and References

  1. Web site: New Cabinet Line-up! . Talaniue . 11 June 2020 . 25 June 2020.
  2. Web site: Niuean criminal court system . Association of Commonwealth Criminal Lawyers . 2010-12-29 . https://web.archive.org/web/20110724223409/http://www.acclawyers.org/resources/niue/ . 2011-07-24 . dead .
  3. Web site: Appointment ceremony for the Chief Justice and a Judge of the High Court of Niue. 2021-04-11. gg.govt.nz. en-NZ.
  4. Book: Levine, Stephen. Pacific Ways: Government and Politics in the Pacific Islands. 2016-06-01. Victoria University Press. 978-1-77656-026-4. en.
  5. Book: Pacific Courts and Legal Systems. Powles. Guy. Pulea. Mere. 1988. editorips@usp.ac.fj. 9789820200432. en.
  6. Web site: Pacific Island Legal Officers Network; 12th – 16th November 2009, Samoa. Country Report: Niue. Pilonsec.org. June 8, 2020.
  7. Web site: Parliament . Government of Niue . 16 October 2021.
  8. Web site: UNTC. treaties.un.org. 2018-03-14.
  9. Angelo. Tony. 2011. Variations on a theme: When is an Attorney General not an Attorney-General. Bond Law Review. 23:2.
  10. News: District Court Judge appointed. The Beehive. 2018-03-14. en.
  11. News: Warner Banks finds his paradise. South China Morning Post. 2018-03-14. en.
  12. News: Political trouble in paradise sees controversial lawman Warner Banks given one. South China Morning Post. 2018-03-14. en.
  13. Web site: TOP LAW JOB VACANT IN NIUE Pacific Islands Report. www.pireport.org. en. 2018-03-14.