✨ Samoa Native Land and Titles Commission Regulations




Oct 30.] THE NEW ZEALAND GAZETTE. 2603

  1. There shall be no appeal from a decision of the Native Land
    and Titles Commission to the Supreme Court of New Zealand.

  2. The Chief Judge and not less than two European Assessors
    may, if they think fit, on application made by any person interested
    within three months after the delivery of any final decision of the
    Commission, or, in a case where the applicant has not been present
    at the delivery of the decision, within such extended time as may appear
    to them just, and upon payment of the fees prescribed in that behalf,
    make an order for the rehearing by the Commission of the matter in
    which the decision was given, or they may adjourn the application
    to be dealt with by the Commission at its next regular sitting. On
    any such rehearing the Commission may confirm, reverse, or vary the
    decision previously made by it.

  3. 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.

  4. 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.

  5. 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.

  6. Every such petition shall be filed with the Registrar or a
    Deputy Registrar of the High Court, and the Registrar or Deputy
    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.

  7. 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.

  8. 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.

  9. 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 toβ€”

(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 1924, No 70


NZLII PDF NZ Gazette 1924, No 70





✨ LLM interpretation of page content

🌏 The Samoa Native Land and Titles Commission Order, 1924 (continued from previous page)

🌏 External Affairs & Territories
29 October 1924
Samoa, Native Land, Titles Commission, High Court, Regulations, Order in Council
  • F. D. Thomson, Clerk of the Executive Council