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History of Government and Laws, Part 14
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The Development of the System of Government and Laws
of Pitcairn Island From 1791 to 1971"
Printed in and taken from Laws of Pitcairn, Henderson,
Ducie and Oeno Islands, Rev. Ed., 1971
By Donald McLoughlin, B.A., LL.B.
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Social Security
One of the problems that has beset the Pitcairn community has
been the cure and maintenance of aged and sick people. In such a
rugged little community as Pitcairn with its people dependent on
their physical skills for their livelihood the care of the aged
and the sick can at times pose a considerable burden on their relatives.
Whilst provision was made in Part VIII of the Justice Ordinance
to compel relatives of such persons to maintain them, there was
for many years an informal pensions scheme in operation under which
small pensions were paid out of public funds to long term residents
who were unable to support themselves. On the 2nd of September,
1790, this scheme was given formal validity and expanded by the
enactment of the Pensions (Aged and Infirm Persons) Ordinance(88).
This provides for the payment at such rates as the Governor may
from time to time determine to all persons over the age of sixty-five
years who are resident on Pitcairn Island and have resided there
for not less than five years during the preceding twenty years and
have resided continuously on Pitcairn during the year preceding
the grant of the pension. Residents of Pitcairn Island not qualifying
under that provision may qualify for a pension after three years
continuous residence on Pitcairn. Provision is also made for the
Governor to extend the grant of a pension to include persons whom
he is satisfied are incapable by reason of mental or physical incapacity
to maintain themselves. Pensions granted under that Ordinance are
to be reduced in the event of the pensioner holding any public office
but are in addition to any pension granted in respect of service
in any such office. The current rate of pensions under this Ordinance
is $9.24 per month.
The End of an Epoch
On the 30th of September, 1970, a new Order in Council was made
by Her Majesty the Queen which was to again affect the destinies
of the little Colony on Pitcairn, Henderson, Ducie and Oeno Islands.
This was the Pitcairn Order 197- which from the date upon which
it took effect, namely the 10th of October, 1970, effected the transfer
of the administrative headquarters for the Colony from Suva to Wellington,
New Zealand, consequent upon the attainment of independence by the
former Colony of Fiji, with effect from the same date. Under that
Order Her Majesty appointed the British High Commissioner in New
Zealand, Sir Arthur Galsworthy, K.C.M.G., to be the new Governor
of the Colony of Pitcairn, Henderson, Ducie and Oeno Islands. So
the break was made in Pitcairns relationship with Fiji which
had existed continuously from the 3rd of May, 1898, when Pitcairn
Island was first brought under the jurisdiction of the High Commissioner
for the Western Pacific.
The South Pacific Office in Suva which had been responsible for
the administration of Pitcairn affairs was disbanded and a new office
established in Auckland, New Zealand with Mr. E. Dymond, C.B.E.,
the Counsellor in Charge of the Auckland Office of the British High
Commission assuming the functions of Commissioner for Pitcairn,
assisted by Mr. F. E. M. Warner, M.B.E., I.S.O., who transferred
from the old South Pacific Office in Suva for that purpose. To give
full legal effect to the change and particularly to reflect the
cessation of jurisdiction of the Supreme Court of Fiji over the
Colony of Pitcairn, Henderson, Ducie and Oeno Islands the Judicature
Ordinance, 1961, was repealed and replaced by the Judicature Ordinance,
1970(89), making provision for a Supreme Court for the Islands consisting
of such judge or judges as the Governor may from time to time appoint
and such other officers as he may consider necessary for the administration
of justice and the due execution of the powers and authorities of
the Court. The jurisdiction of the Supreme Court was made co-extensive
with that of the High Court of Justice in England in both civil
and criminal matters. The mode of trial before the Court is by a
judge alone with powers to sit with not less than two nor more than
four assessors if the judge considers it expedient and practicable
to do so. In the event of the judge sitting with assessors he is
required to record the opinions of the assessors but is not bound
to conform to them.
The Subordinate Court was also re-established and provision made
for the Governor to appoint a Magistrate to preside over it, which
Magistrate may or may not be a legally qualified person. The Subordinate
Court has the same jurisdiction in criminal matters as may from
time to time be vested in Magistrates Courts in England and the
same jurisdiction in civil matters as may from time to time be vested
in County Courts in England, with power on the part of the Governor
to extend such criminal or civil jurisdiction to such extent as
he considers necessary or advisable to meet the circumstances of
any particular case, including any original jurisdiction or powers
vested in the Supreme Court. An appeal lies to the Supreme Court
from any judgment, sentence or order of the Subordinate Court. Other
Ordinances were enacted at the same time to reflect amendments required
to be made to other Pitcairn Ordinances as the result of these changes.
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Footnotes:
(88) Pensions (Aged and Infirm Persons) Ordinance, Chapter 1 of the Revised Edition.
(89) The Judicature Ordinance, Chapter 2 of the Revised Edition.
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