Dear Editor, Despite the excellent letter by Heinz Matysik of Matysik & Marshall P.C. in your paper questioning whether the Religious Restrictions Act 1975 was enforceable Minister (Vaine) Mokoroa was reported in the lead article of your newspaper on 27 November, 2024 as saying that Muslims “should not be operating” because they are not registered with him as Minister of Justice.

Thirty-six (36) years ago I undertook a course in constitutional law when at law school. My lecturers were Professors Alex Frame and Tony Angelo, both of whom have had a long association with the Cook Islands. Professor Frame presented his class with the Religious Restrictions Act 1975 because it was such a clear case where an Act was contrary to the fundamental rights enshrined in a Constitution, namely the rights of freedom of religion and peaceful assembly.

Under the Constitution only if it can be shown that the presence of a ‘religion’ was contrary to the interests of public safety, order, or morals, the general welfare, or the security of the Cook Islands can a ‘religion’ be prohibited. But the Act doesn’t address that issue. It is clearly at attempt to secure the interests of four denominations of the Christian faith just as the London Missionary Society ensured its own monopoly for some decades after John Williams’ arrival.

I acknowledge the Act was passed six years before the Constitution was amended to provide for those fundamental rights but an Act contrary to the Constitution is not immune from challenge if it later becomes contrary to the Constitution as amended.

As Minister of Justice Minister Mokoroa ought to know better. You would think he would at a minimum seek some legal advice from his own law officers. It is impossible to believe he has done that. 

This Act is an embarrassment for the Cook Islands. It has largely been ignored and that is the way it should remain.

In the meantime, it is clearly everyone’s fundamental public duty in this, as it would be in any constitutional democracy, to ignore the Minister.

Yours faithfully

Brian Mason