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Guns in the Cook Islands

In common with most small island communities in the Pacific, the people of the Cook Islands are not greatly affected by small arms. Despite a relatively high ratio of firearms to people and an absence of comprehensive gun control law, in the years 1997 to 2001 the nation reported no firearm-related deaths.

Until 1992, dated legislation allowed a permissive approach to gun policy. Since then, the continued suspension of all new gun licence applications has ranked the regulation of firearms in the Cook Islands as restrictive.1 In 2009, a state monopoly on the importation and sale of small arms and ammunition continued to enable police to inspect and to register firearms, and to interview and re-licence gun owners before allowing them to purchase ammunition.

Civilian Possession

In 2002, the Cook Islands reported 500 registered civilian-held firearms, for a possession rate of 2.5 per 100 people.2 Yet officials also noted that a total of 1,944 imported firearms had been registered at one time or another in the Cook Islands since 1950, of which an estimated 30 percent would be unfireable or destroyed. This could leave as many as 860 unregistered firearms in circulation, for a total civilian possession rate of 6.6 per 100, or one gun for each 15 people in 2008.3 4 By either estimate, Cook Islanders rank as the sixth most-armed population in the south west Pacific.2 4

Government Guns

In common with most neighbouring countries, the Cook Islands does not maintain a military force. Although the nation’s 100-odd sworn police officers patrol unarmed, their armouries hold an estimated 29 firearms.5 6

Gun Death, Injury and Crime

In the five years from 1997 to 2001, Cook Islands Police reported only one homicide, a crime in which no firearm was involved.7 There were two homicides in the eight years to January 2003, but neither involved a firearm.8 9 Published accounts of non-fatal gun crime are rare, but increasing.10 11

Gun Control Law

Cook Islands firearm legislation includes the Arms Ordinance (1954) No. 3, the Crimes Act (1969), the Arms Amendment Ordinance (1955) No. 2, the Amendment Act (1973-4) No. 39, the Arms Ordinance Amendment Act (1977) No. 4, and the Customs Act (1913).12

Outdated by recent standards, small arms-related legislation in the Cook Islands does not address arms exports, private transfer, transit or brokering; manufacturing, production or repair; illicit stockpiling; genuine reason for possession; minimum storage requirements; safety training requirements; background checks; permitted quantities or type of ammunition or marking requirements; and contains no provision for firearm amnesty or surrender.13 Despite this lack of specific legal power, established police procedures are designed to keep a tight rein on small arms and ammunition.

Gun Owner Licensing

‘Genuine Reason’ for firearm ownership is not defined in law, but is regarded by police as being ‘mainly for shooting wandering animals on... farms or planting paddocks.’14

In 1992, the Cook Islands suspended the importation of small arms and ammunition for civilians and stopped issuing new firearm licences. Existing gun owners must apply to renew their licence, and may continue with police consent to purchase replacement firearms of an equal or lesser calibre.15 16 State control of the importation and sale of ammunition allows police to inspect and to register firearms, then to interview and to re-licence gun owners before they can purchase ammunition.17

Although handguns are unavailable in the Cook Islands, this is a result of established convention and police control of imports rather than specific legislation prohibiting weapons by type.18

Record Keeping

Cook Islands police maintain centralised records of licensed gun owners and their registered firearms.19 20

Marking and Tracing

Cook Islands firearm legislation does not stipulate marking requirements for small arms or ammunition.21 13

Penalties

Enacted into law as long ago as 1954, penalties for some types of gun crime in the Cook Islands remain low. These include a $100 fine for unlawful firearm possession, and up to three months imprisonment or a $100 fine for unlicensed dealing in firearms, or for illegal importation. Similar offences involving ammunition are not included.22 In 1969, prison sentences of up to 14-years were added for discharging a firearm with reckless disregard for others, or with intent to injure.23

Definitions

The Cook Islands definition of ‘firearm’ includes any weapon from which a missile is discharged by the force of any explosive substance or by compressed air.24 An airgun is therefore classified as a firearm.

Production and Trade

Manufacture

Although legislation does not specifically prohibit arms manufacture, no factory-made small arms or ammunition are produced in the Cook Islands. Any unlawful manufacture of home-made, or 'craft' firearms remains unreported.

Trade Control

Current Cook Islands firearm legislation does not cover most aspects of small arms export, transfer, transit, or arms brokering. Nor do the nation’s laws address the illicit stockpiling of firearms and ammunition, their manufacture, production or repair.13 An exception is that the Governor-General may by Order in Council prohibit the export of arms, and of materials that may be used in the manufacture of arms.15

Firearm imports have been prohibited since 1992, except for police or defence personnel, or for licensed owners replacing firearms with the same or lesser calibre.15 The Cook Islands Police Commissioner remains the nation’s only lawful supplier of arms and ammunition.25 In the years 2000-07, the declared value of small arms and ammunition imports to the Cook Islands was US$11,476, of which 90 per cent was imported from New Zealand.26

International Agreements

A self-governing state in free association with New Zealand, the Cook Islands retains full responsibility for both its internal and external affairs. As neither a member state nor an observer at the United Nations,27 its government has never reported to the United Nations small arms Programme of Action (UNPoA).28 29 Nor is the Cook Islands a party to the 2001 Firearms Protocol to the UN Convention against Transnational Organised Crime.30 Although the Cook Islands does not involve civil society stakeholders in the UN small arms process, both New Zealand and Australia support Pacific island NGOs to attend regional UNPoA workshops, and include local NGO advisers in their delegations to the United Nations.31

As a member of the Pacific Islands Forum, the Cook Islands endorsed the 1998 Honiara Initiative,32 33 which led to the Nadi Framework for small arms control in the Pacific.34 In a unanimous vote in 2003, the 16 nations of the Forum adopted the resulting Draft Model Weapons Control Bill,35 a template designed to encourage progressive harmonisation of gun control laws across the region as member states update their national legislation.36 37 In 2009, the Cook Islands had yet to adapt its firearm legislation in line with the Nadi Framework.

The Cook Islands exchange firearm trafficking intelligence with regional neighbours through the Oceania Customs Organisation (OCO), and receive related assistance from the Pacific Islands Forum Regional Security Committee (FRSC).38

International Assistance

In the years 2002-04, to implement the secure storage recommendations of the UNPoA, New Zealand helped construct and upgrade the Cook Islands police armoury and ammunition magazines, and provide ongoing staff training in weapon maintenance and management.39 40 41

In 2002-05, Australia and New Zealand supported all five major small arms-related research projects in the region, some of which surveyed the Cook Islands.42 43 44 45 46

Short References

1.

Newton, George D and Franklin E Zimring.1969.‘Firearm Licensing: Permissive v Restrictive.’ Firearms & Violence in American Life: A staff report submitted to the National Commission on the Causes and Prevention of Violence.Washington, DC:US Government Printing Office,1 January. (Q22)Full Citation

2.

Alpers, Philip and Conor Twyford.2003.‘Civilian Firearm Ownership in Pacific Nations, 2002.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q406)Full Citation

3.

Alpers, Philip and Conor Twyford.2003.‘Stockpiles and Trafficking in the Pacific.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q405)Full Citation

4.

UNESCAP.2009.‘Population and Development Indicators for Asia and the Pacific 2008.’ UN Economic and Social Commission for Asia and the Pacific.Bangkok:UN Economic and Social Commission for Asia and the Pacific,1 January. (Q387)Full Citation

5.

Alpers, Philip and Conor Twyford.2003.‘State Security Forces in the Pacific, 2002.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q407)Full Citation

6.

Karp, Aaron.2003.‘Fewer Blanks: Global Firearm Stockpiles: Firearms of the Pacific.’ Small Arms Survey 2003: Development Denied.Oxford:Oxford University Press,1 July. (Q408)Full Citation

7.

Alpers, Philip and Conor Twyford.2003.‘Homicide, Robbery, and Assault in Pacific States, 1997-2001.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q599)Full Citation

8.

John Andrews. 2002. ‘NZ Experts Fly to Cook Islands Murder Scene.’ New Zealand Herald. 26 September. (N59) Full Citation

9.

Pacific News Agency Service / PACNEWS. 2003. ‘Murder Inquiry in Cook Islands.’ 28 January. (N60) Full Citation

10.

New Zealand Herald / NZPA. 2007. ‘Cook Islands Shooting Motive Still a Mystery.’ 3 August. (N61) Full Citation

11.

Cook Islands News. 2009. ‘Armed Robbery Foiled.’ 9 April. (N62) Full Citation

12.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Firearm laws in the Pacific.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q149)Full Citation

13.

IANSA.2006.‘Reviewing Action on Small Arms 2006: Assessing the first five years of the UN Programme of Action.’ Biting the Bullet 'Red Book' 2006.New York, NY:International Action Network on Small Arms and the Biting the Bullet project,26 June. (Q409)Full Citation

14.

Alpers, Philip and Conor Twyford.2003.‘Genuine Reason.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q410)Full Citation

15.

Alpers, Philip and Conor Twyford.2003.‘Import and Export Laws in Pacific States.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q414)Full Citation

16.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Domestic and regional issues.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q411)Full Citation

17.

Leslie, Matthew.2009.‘Understanding the Problems Posed by the Proliferation of Illicit SALW in the Pacific.’ Strengthening Implementation of the UN Programme of Action on Small Arms and Light Weapons: Regional Meeting on the Implementation of the Programme of Action.Sydney:Pacific Islands Forum Secretariat,22 June. (Q600)Full Citation

18.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Domestic and Regional Issues.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q142)Full Citation

19.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Registration.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q322)Full Citation

20.

IANSA.2006.‘Reviewing Action on Small Arms 2006: Assessing the first five years of the UN Programme of Action.’ Biting the Bullet 'Red Book' 2006.New York, NY:International Action Network on Small Arms and the Biting the Bullet project,26 June. (Q323)Full Citation

21.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Firearm marking requirements in Pacific states.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q160)Full Citation

22.

Alpers, Philip and Conor Twyford.2003.‘Selected Penalties for Firearm Offences in the Pacific.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q412)Full Citation

23.

Cook Islands.1970.‘Discharging Firearm or Doing Dangerous Acts with Intent.’ Crimes Act 1969.Avarua:Legislative Assembly,27 January. (Q413)Full Citation

24.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Pacific definitions of 'arm' and 'firearm'.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q165)Full Citation

25.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Domestic and regional issues.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q415)Full Citation

26.

Marsh, Nicholas.2014.‘Database of Authorised Transfers of Small Arms and Light Weapons.’ NISAT Small Arms Trade Database.Oslo:Norwegian Initiative on Small Arms Transfers,22 December. (Q16)Full Citation

27.

UN.2013.‘Member States of the United Nations.’ UN.org Web Site.New York, NY:United Nations General Assembly,7 April. (Q290)Full Citation

28.

Cattaneo, Silvia and Sarah Parker.2008.‘States That Have Never Reported.’ Implementing the United Nations Programme of Action on Small Arms and Light Weapons: Analysis of the National Reports submitted by States from 2002 to 2008.Geneva:United Nations Development Programme,1 November. (Q21)Full Citation

29.

UNGA.2001.‘Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.’ United Nations General Assembly.New York, NY:UN General Assembly,20 July. (Q18)Full Citation

30.

UNGA.2001.‘United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition.’ UN General Assembly Resolution 55/255.New York, NY:UN General Assembly,31 May. (Q17)Full Citation

31.

IANSA.2006.‘Reviewing Action on Small Arms 2006: Assessing the first five years of the UN Programme of Action.’ Biting the Bullet 'Red Book' 2006.New York, NY:International Action Network on Small Arms and the Biting the Bullet project,26 June. (Q166)Full Citation

32.

SPCPC.1998.‘The Honiara Initiative Resolutions.’ Second SPCPC Sub-Committee Meeting on Common Approach to Weapon Control.Honiara:South Pacific Chiefs of Police Conference,19 October. (Q575)Full Citation

33.

Alpers, Philip and Conor Twyford.2003.‘Pacific Small Arms Legislation: Domestic and regional issues.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q574)Full Citation

34.

SPCPC/OCO.2000.‘Towards a Common Approach to Weapons Control: The 'Nadi Framework'.’ South Pacific Chiefs of Police Conference (SPCPC) and Oceania Customs Organisation (OCO).Nadi, Fiji:Pacific Islands Forum (PIF) Secretariat,10 March. (Q576)Full Citation

35.

Baker, Jean.2000.‘Weapons Control Bill: Explanatory Notes.’ Pacific Islands Forum Secretariat.Suva, Fiji:Pacific Islands Forum Secretariat,10 March. (Q577)Full Citation

36.

Alpers, Philip.2005.‘Pacific Model Legislation.’ Gun-running in Papua New Guinea: From arrows to assault weapons in the Southern Highlands.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,1 July. (Q167)Full Citation

37.

IANSA.2006.‘National Regulation of Small Arms.’ IANSA Position Paper for the January, 2006 Preparatory Conference (PrepCom) for the July, 2006 UN small arms Review Conference (RevCon).New York, NY:International Action Network on Small Arms,1 January. (Q578)Full Citation

38.

IANSA.2006.‘Reviewing Action on Small Arms 2006: Assessing the first five years of the UN Programme of Action.’ Biting the Bullet 'Red Book' 2006.New York, NY:International Action Network on Small Arms and the Biting the Bullet project,26 June. (Q168)Full Citation

39.

MacDonald, Caroline.2006.‘Small Arms and Light Weapons.’ Speech to Participants at Firearm Safety Seminar.Christchurch:Disarmament Division, New Zealand Ministry of Foreign Affairs and Trade,23 February. (Q170)Full Citation

40.

New Zealand.2008.‘Report of New Zealand.’ Implementation of the International Tracing Instrument and [the United Nations small arms] Programme of Action.New York, NY:Permanent Mission of New Zealand to the United Nations,1 March. (Q417)Full Citation

41.

New Zealand.2008.‘Report of New Zealand.’ Implementation of the International Tracing Instrument and [the United Nations small arms] Programme of Action.New York, NY:Permanent Mission of New Zealand to the United Nations,1 March. (Q603)Full Citation

42.

Capie, David.2003.‘Principal Findings.’ Under the Gun: The small arms challenge in the Pacific.Wellington:Victoria University Press,1 January. (Q581)Full Citation

43.

Alpers, Philip and Conor Twyford.2003.‘Small Arms in the Pacific: Summary.’ Small Arms in the Pacific.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,31 March. (Q582)Full Citation

44.

Alpers, Philip.2005.‘Introduction.’ Gun-running in Papua New Guinea: From arrows to assault weapons in the Southern Highlands.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,1 July. (Q583)Full Citation

45.

LeBrun, Emile and Robert Muggah (eds).2005.‘Summary.’ Silencing Guns: Local perspectives on small arms and armed violence in rural Pacific islands communities.Geneva:Small Arms Survey, the Graduate Institute of International and Development Studies, Geneva,1 July. (Q584)Full Citation

46.

Haley, Nicole and Robert Muggah.2006.‘Jumping the Gun: Armed violence in Papua New Guinea.’ Small Arms Survey 2006: Unfinished Business.Oxford:Oxford University Press,1 July. (Q585)Full Citation