Data-center law in Cook Islands

Environment Act 2003, No. 22 (Cook Islands)

Applies to both

Section 4 applies the Act throughout the Cook Islands, but limits its geographic reach to Rarotonga, Atiu, and Aitutaki unless the Queen's Representative extends it to another Outer Island on request.

Section 36 bars a person from undertaking an activity that causes or is likely to cause significant environmental impacts except in accordance with a project permit, and requires an application for a project permit to be submitted to the National Environment Service with an environmental impact assessment addressing the project's environmental impact, the justification for using depletable or non-renewable resources, mitigation measures, a monitoring plan, and alternatives to the project.

The Service must publish details of the project, make the environmental impact assessment available for public review, and receive public comment for 30 days before the permitting authority issues, requests modification of, or refuses the permit, with a right for the applicant to have the Minister review a refusal.

Section 36(11) makes it an offence, without reasonable excuse, to fail to comply with the project-permit requirement, punishable on conviction by a fine not exceeding $100,000 for a body corporate or $50,000 in any other case, and section 36(12) lets the Court additionally order remediation of environmental damage or payment of restoration costs.

Sections 50, 51, and 57 separately require the permitting authority's written consent before altering the foreshore, discharging pollutants into Cook Islands or inland waters, or excavating steep or sloping land, each carrying its own fine.

Source: Full text of law

Energy Act 1998, No. 18 (Cook Islands)

Applies to both

Section 3 establishes the Energy Division of the Ministry of Works, Energy and Physical Planning, and section 6 lets the Minister, on application and payment of the prescribed fee, grant a licence to a person to supply energy in a specified area and to lay down electric supply lines, subject to conditions the Minister thinks fit. An earlier licence does not prevent the Minister granting a later licence for the same area to another person.

Section 14 establishes an Electrical Inspectorate to ensure compliance with prescribed safety and wiring standards and to inspect and approve new energy installations, including private and standby generating plants, before connection to grid supply, and section 20 restricts electrical work to a person registered under Part III.

Section 21 makes it an offence, punishable by a fine not exceeding $5,000, to obtain registration or a practising licence by a false or misleading declaration, to let a registration or licence be used by another person, or to carry out electrical work while unregistered, and section 25 lets regulations impose penalties of up to $5,000 for offences against the regulations.

Source: Full text of law

Te Aponga Uira O Tumu-Te-Varovaro Act 1991, No. 17 (Cook Islands)

Applies to both

Section 3 establishes Te Aponga Uira O Tumu-Te-Varovaro as a body corporate whose jurisdiction extends to the island of Rarotonga, and section 16 charges it with establishing, operating, and managing facilities for the generation, transmission, and distribution of energy and administering arrangements for the purchase and sale of energy within its jurisdiction.

Section 20 gives the Authority all powers and obligations of a licensee under the Ministry of Energy Act 1991, deeming this Act to be its licence for that purpose. Section 34 bars a consumer from reselling energy received from the Authority without its permission and bars the owner of a standby generating set from selling energy to another consumer.

Section 32 makes it an offence, punishable by a fine not exceeding $5,000, to fraudulently abstract, waste, divert, consume, or use energy, to defraud the Authority of a charge by false pretence, to tamper with or interfere with the Authority's works, or to assault or obstruct an officer or employee of the Authority in the execution of duties, and section 21 gives the Authority powers of entry to place and maintain electric supply lines.

Source: Full text of law

Development Investment Act 1995-96, No. 22 (Cook Islands)

Applies to both

Section 17 bars a foreign enterprise, defined at section 2 to include an enterprise in which one third or more of the voting shares or control is held by persons who are not Cook Islanders, from carrying on business in the Cook Islands in any activity unless registered under the Act, and section 18 requires the enterprise to apply to the Development Investment Board for approval before registration is granted.

Section 24 requires the Board's prior approval before a transfer or increase of shares that would make an enterprise a foreign enterprise or increase the foreign interest in one, and Part VII lets the Board grant incentives and concessions to an enterprise under an Investment Code made by the Queen's Representative. Section 34 requires every registered foreign enterprise, and every enterprise receiving a concession or incentive, to file annual particulars with the Board.

Section 17(2) makes it an offence to carry on business as an unregistered foreign enterprise, punishable on conviction by a fine not exceeding $25,000 plus a further fine of $1,000 for every day or part of a day the offence continues, and section 37 separately fines a false or misleading statement made to obtain registration, an incentive, or a concession.

Source: Full text of law