Age is what has prompted the Solomon Islands governor general Sir Frank Kabui to refer the appointment of the new police commissioner Peter Aoraunisaka back to the prime minister.
Mr Aoraunisaka is alleged to be the subject of an investigation into a controversial car crash shortly after local media published news of his appointment.
Sir Frank's deputy private secretary says under the constitution Solomon Islands citizens who hold public office must be under the age of 55.
Rawcliffe Ziza says Mr Aoraunisaka does not meet that criterion.
"We hold the view that it's unconstitutional so the prime minister is advised to seek legal advice from the attorney general and then we should act from there."
Rawcliffe Ziza says although cabinet should not have announced Mr Aoraunisaka's appointment through the media it was not unconstitutional because the governor general had been advised.