Îles cook
The Cook Islands government is set to amend its immigration law following a landmark High Court ruling that deemed a residency regulation giving preferential treatment to New Zealand citizens as 'invalid.' The Cook Islands Immigration Amendment Bill (No. 2) 2024 aims to ensure that the nation can manage immigration in a way that meets its international obligations.
Earlier this year, Chief Justice Patrick Keane granted an application filed by Friends of Fiji Inc challenging the residency threshold for permanent residence set by Immigration's 2022 regulations. These regulations established a five-year residency requirement for New Zealand citizens seeking permanent residency in the Cook Islands, while all other nationalities faced a 10-year wait. The framework was challenged on the grounds that it contravened both the Cook Islands Constitution and the Immigration Act 2021.
In response to the High Court's decision, the government has drafted the Cook Islands Immigration Amendment Bill (No. 2) 2024. The Bill is a response to the High Court's decision in the Friends of Fiji Inc v Attorney–General case, where the Court found regulation 8 (2) (d) of the Cook Islands Immigration Regulation 2023 to be invalid. The regulation was designed to implement a treaty obligation to give New Zealand citizens preferential consideration for residence in the Cook Islands.
The proposed amendment seeks to align the Cook Islands' immigration policies with constitutional principles and international obligations. By addressing the concerns raised by the High Court, the government aims to create a more equitable and legally sound framework for managing residency and immigration.
Parliament is scheduled to meet for its second session of the year to discuss the proposed amendment, among other bills. The outcome of this legislative process will have significant implications for the Cook Islands' immigration policy and its adherence to constitutional and international standards.
