Gay Travel Advisory

Cook Islands

Crimes Act from 1969

Legal Code Text

"Section 155 - “Everyone who commits sodomy is liable - (a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years; (b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years; (c) In any other case, to imprisonment for a term not exceeding seven years. This offence is complete upon penetration. [...] It is no defence to a charge under this section that the other party consented.”

Section 154 - “Everyone is liable to imprisonment for a term not exceeding five years who, being a male: [...] (b) Does any indecent act with or upon any other male; or (c) Induces or permits any other male to do any indecent act with or upon him. [...] It is not defence to a charge under this section that the other party consented.”"

ILGA Analysis & Notes

The Cook Islands is a New Zealand associate, and as such, the laws in the Cook Islands are only applicable to the islands, and not to New Zealand. The LGBT organisation, the Te Tiare Association, is pushing for decriminalisation in light of developments at the international (UN) level. Even though representatives of the local traditional royal family have spoken against criminalisation of same-sex intimacy, it is reported that the political establishment are not as yet entirely on board.

The Crimes (Sexual Offences) Amendment Bill (2023) passed its second and third readings and was enacted in April 2023, repealing Section 155 of the Crimes Act (1969), which had criminalised 'sodomy.'