New Zealand Gazette – 1920 – No. 51

Page 1683

✨ Samoa Native Land and Titles Commission Order



MAY 21.] THE NEW ZEALAND GAZETTE. 1683

  1. On application made by any person interested, within three months after the delivery of any final decision of the Commission, the Commission may, if it thinks fit, make an order for the rehearing of the matter in which the decision was given, and may on such rehearing reverse or vary that decision.

  2. Every final decision of the Native Land and Titles Commission shall be deemed to be a judgment in rem, and shall bind all Samoans who are interested therein, even though they are not parties to the proceedings.

  3. The jurisdiction of the Commission in any matter may be exercised on the application of any Samoan or other person claiming to be interested therein, or on the application of the Administrator or some officer of the Samoan Public Service authorized by the Administrator in that behalf, either generally or in any particular case or class of cases.

  4. All proceedings before the Native Land and Titles Commission shall be instituted by way of petition in the form set out in the Schedule hereto, or to the like effect.

  5. Every such petition shall be filed with the Registrar of the High Court, and the Registrar shall give or cause to be given notice of the petition, and of the time and place for the hearing of the same, to such persons as he deems entitled thereto, and in such manner as he thinks fit.

  6. All persons to whom such notice is given, and all other persons whom the Commission orders to be joined as parties, shall be parties to the proceedings.

  7. On the filing of any such petition, and pending the final determination of the matter by the Native Land and Titles Commission, the Chief Judge of the High Court may, either ex parte or otherwise, make such interim orders as he thinks fit as to the possession or exercise of the land, title, or right to which the petition relates, and every such order shall be deemed to be an order of the High Court and shall be enforceable accordingly.

  8. The jurisdiction of the Native Land and Titles Commission shall be jurisdiction to hear and determine by way of civil proceedings all claims and disputes between Samoans relating to—

(a.) Native land;

(b.) Samoan names or titles;

(c.) The succession to any property or rights in accordance with Samoan custom.

SCHEDULE.

In the High Court of Western Samoa
(Native Land and Titles Commission).

In the matter of [Setting out shortly the land or other subject-matter of the petition].

THE petition of [Name and description of petitioner] informs this Honourable Court that [Setting out shortly the nature of the claim or dispute].

And the petitioner prays that this Honourable Court will see that right is done in this matter according to the laws and customs of Samoa.

F. D. THOMSON,
Clerk of the Executive Council.

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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 1920, No 51


NZLII — PDF NZ Gazette 1920, No 51




✨ LLM interpretation of page content

🌏 Samoa Native Land and Titles Commission Order, 1920 (continued from previous page)

🌏 External Affairs & Territories
1 April 1920
Land Registration, Samoa, Legislation, Order in Council, Native Land, Titles Commission
  • F. D. Thomson, Clerk of the Executive Council