Overview
Although the Cook Islands has both a communicable disease and public health law (both non-specific to HIV or any other communicable disease), there have been no HIV criminalisation cases in the Cook Islands which, at the end of 2017, had only three people known to be living with HIV. However, the Cook Islands government was harshly criticised for its treatment of the person first diagnosed HIV positive (in 2011). Initially the government sought to publicise the name of the person (who was not a Cook Islander) and have them quarantined or deported. Interventions by the National HIV Committee, the Pacific Islands AIDS Foundation, and Amnesty International, meant this did not happen.
Laws
Crimes Act 1969
Section 223
Infecting with disease – Every one is liable to imprisonment for a term not exceeding fourteen years who wilfully and without lawful justification or excuse, causes or produces in any other person any disease or sickness.
Public Health Act 2004
Section 82. Responsibilities of persons with transmissible notifiable conditions
Any person who believes or suspects that he or she is infected with a transmissible notifiable condition must
(…)
(b) Immediately take all precautions to prevent transmission of the condition to others, including advising everyone who is or may be placed at risk of contracting the condition from him or her …
(ii) On precautions to take to void contracting the condition.
Section 84. Responsibilities of persons engaging in activities at risk of transmissible notifiable conditions
Any person engaging in an activity that the person knows or reasonably ought to know places him or her at risk of contracting a transmissible notifiable condition must, while engaged in the activity, take all precautions to avoid contracting the condition.
Section 133. Penalties
(…)
(3) Every person who commits an offence against paragraph (l) of section 130(1) is liable on conviction –
(a) In the case of an individual, to a fine not exceeding $200 and, if the offence is a continuing one, to a further fine not exceeding $20 for every day or part of a day during which the offence continues;
(b) In the case of a body corporate, to a fine not exceeding $1,000 and, if the offence is a continuing one, to a further fine not exceeding $100 for every day or part of a day during which the offence continues.
(4) Where a person is convicted of an offence against this Act, the Court may, instead of or in addition to imposing a penalty specified in any of subsections (1) to (3), make an order for the following purposes:
(a) Revoking or amending any permit, permission, authorisation, or exemption issued or given to the convicted person, or otherwise held by that person, under this Act;
(b) Requiring the convicted person to take specified steps (under the supervision and to the satisfaction of a person specified by the Court) to eliminate or adequately mitigate any health hazard arising directly or indirectly from the act or omission constituting the offence.
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the Cook Islands page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.