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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 138
ROTUMA LANDS
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
SECTION
1.
Short title.
2.
Interpretation.
3. Land registered
under Land Transfer Act.
PART II - ROTUMA LANDS COMMISSION
4. Rotuma Land
Commission.
5. Procedure of
operation.
6.
Appeals.
7.
Survey.
8. Unowned
land.
PART
III - REGISTER OF ROTUMAN
LANDS
AND EFFECT OF
REGISTRATION
9. Register of Rotuman
lands.
10. Estate or interest
conferred by registration.
11. Rights
conferred by registration.
PART IV - DEALINGS
12. Registered land only
to be dealt with in accordance with this
Act.
13. Rotumans may not deal with
land without written consent of District
Officer.
14. District Officer may
examine witnesses on oath.
15.
Restrictions on dealing with land.
16.
Dealings to be effected in the prescribed forms and presented for
registration.
17. Survey on
subdivision.
18. Power and method of
dealing with hanua ne kainaga and hanua ne 'on
tore.
19. Power and method of dealing
with hanua pau.
20. Unowned
land.
21. Creation of
leases.
22. Termination of
leases.
PART V - TRANSMISSION ON BIRTH OR DEATH
23. Transmission of hanua
ne kainaga.
24. Transmission of hanua
ne kainaga to Crown on failure of
owners.
25. Transmission of hanua ne
'on tore.
26. Transmission of hanua
pau.
27. Illegitimate
children.
28. Adopted children not to
rank as children of adopter.
29.
Children en ventre sa mere.
PART VI - MISCELLANEOUS
30. Inspection of
Register.
31. Rectification of
Register.
32. Appeal to Commissioner,
Eastern Division.
33. Maintenance of
boundary marks.
34. Offences in
relation to boundaries.
35. Penalty
for insulting or interrupting
Commissioner.
36. Rights of Crown
preserved.
37.
Regulations.
-----------------------------------------------------
ROTUMA LANDS
Ordinance No. 13 of 1959
AN ACT TO PROVIDE FOR A LAND COMMISSION IN ROTUMA, THE REGISTRATION AND DEALING WITH AND TRANSMISSION OF LAND AND MATTERS INCIDENTAL THERETO
[17th April, 1959]
PART I - PRELIMINARY
Short title
1.
This Act may be cited as the Rotuma Lands Act, and shall only apply to
Rotuma.
Interpretation
2.
In this Act, save where the context otherwise requires-
"child" means a person under twenty-one years of age, and "adult" shall be interpreted accordingly;
"Council" means the Council of Rotuma, established by the Rotuma Act;
(Cap. 122.)
"dealing" means any transaction of whatever nature by which land is affected under this Act;
"District Officer" means the District Officer for Rotuma;
"hanua ne kainaga" means land held by that family community of Rotumans known as a kainaga, the members of each kainaga holding the land in undivided ownership and the acknowledged head of the family being the pure (or overlord) of the land;
"hanua pau" means land which is vested in a single individual Rotuman by sale or gift with the intention of creating hanua pau, or by an instrument deposited with the District Officer as provided in section 26;
"hanua ne 'on tore" means land which is vested on intestacy in the first, second and third generations of descendants of a deceased owner of hanua pau, as hanua ne 'on tore, when there is no single individual Rotuman in whom the land vests as hanua pau, such descendants taking life interests in undivided shares in such land, and the last survivor of them taking the land as hanua pau:
Provided that the limitation to three generations shall not apply to hanua ne 'on tore in existence at the commencement of this Act;
"land" includes land covered with water, any estate or interest in land either than a mortgage or charge, all things growing thereon and buildings and other things permanently affixed thereto;
"lease" includes a sublease and "lessee" includes a sublessee;
"prescribed" means prescribed by regulations made under this Act;
"Register" means the Register of Rotuman lands to be set up pursuant to the provisions of section 9;
"Rotuman Development Fund" means the Rotuman Development Fund established by the Rotuma Act;(Cap. 122.)
"Rotuman" means any person of Rotuman or part-Rotuman descent. If any dispute arises as to whether a person is or is not Rotuman the Council shall decide, but any person aggrieved by the Council's decision may appeal to the Minister, whose decision shall be final;
"transmission" with its grammatical variations means the passing of land from one person to another by inheritance or other operation of law and includes a disposition of hanua pau on death, but does not include compulsory acquisition under the Crown Acquisition of Lands Act.
(Cap. 135.)
Land registered under Land Transfer Act unaffected
3.-
(1) Nothing contained in this Act or in the powers granted to the Commission
shall affect the title to any land registered under
the Land Transfer
Act.
(Cap.
131.)
(2) Save as expressly
provided in this Act no land whilst registered under the provisions of this Act
shall be subject to the provisions
of the Land Transfer
Act.
(Cap.
131.)
PART II - ROTUMA LANDS COMMISSION
Rotuma Land Commission
4.-
(1)
The Minister shall appoint a Rotuma Lands
Commission consisting of three Commissioners, who shall be charged with the
following duties-
(a) to ascertain what lands in Rotuma are the rightful property of Rotuman owners as hanua ne kainaga, hanua pau and hanua ne'on tore, and what lands are unowned;
(b) to ascertain what lands in Rotuma are the rightful property of Rotuma owners under other forms of Rotuman customary land tenure and to designate all such land as hanua ne kainage, hanua pau, hanua ne'on tore, or unowned land as the Commission think fit;
(c) to ascertain what lands in Rotuma are leased for a period longer than one year;
(d) to decide all disputes which it is necessary to decide in order to ascertain (a), (b) and (c);
(e) to cause the boundaries of all such lands to be demarcated on the ground;
(f) to cause a Register to be prepared in the manner hereinafter provided for in this Act.
(2)
It is hereby declared that from the commencement of this Act no Rotuman shall be
registered as a member of more than one kainaga
or, except as provided in
section
27,
as a member of any kainaga other than his
father's:
Provided that a Rotuman
born before the commencement of this Act may be registered by the Commission as
a member of two kainaga, one
on his father's side and one on his mother's. In
the event of any such Rotuman belonging to more than one kainaga on his father's
or mother's side, he shall be entitled to choose of which two of such kainaga
(one on his father's side and one on his mother's)
he wishes to be registered as
a member. Any such choice shall be made in writing and shall be revocable. The
choice of a child shall
be made by its father or if the father is dead or absent
or otherwise unable to make the choice, by its mother, or if she is dead,
absent
or otherwise unable to make the choice, by its
guardian:
And provided further
that when a child is born after the commencement of this Act, whose father is a
Rotuman who under the last preceding
proviso has been registered as a member of
two kainaga, the choice as to which of those two kainaga the child shall be
registered
as a member of shall be made by the person and in the manner provided
for in that proviso.
Procedure of operation
5.-
(1) The Commission shall sit in each district of Rotuma for the purpose of
conducting its inquiries in relation to that
district.
(2) Before commencing to
sit at all, the Commission shall give three months' notice of its intention to
commence, in such manner as
the Commission considers calculated to bring such
intention to the notice of all Rotumans in Fiji, and before sitting in a
district
the Commission shall give two months' notice of its intention to sit in
that district, in such manner as the Commission considers
best calculated to
bring such intention to the notice of all Rotumans actually living in that
district.
(3) When such notices
have been given, it shall be the duty of all persons claiming to own lands
(other than leasehold lands let for
a period not exceeding one year) in the
district to which the second such notice relates at their own expense to mark
out and define,
in such manner as may be directed by the district Chief, the
boundaries of the lands of which they claim to be the respective owners
and to
cut away undergrowth, if so required, so as to make such boundaries clearly
visible. It shall also be the duty of such persons
to point out such boundaries
to the Commission or to a Commissioner, if so
required.
(4) If there is no
dispute as to the ownership of any lands marked out and defined as aforesaid and
if he is satisfied that the claim
is bona fide and that all conditions as to
notice of the inquiry and the claim have been duly complied with and that full
opportunity
of objecting to the ownership claimed has been given to all
interested persons, a single Commissioner shall record the ownership
of the
land.
(5) If there is any dispute
as to ownership, all three Commissioners sitting together shall enquire into it,
and, after hearing evidence
of the parties to the dispute and their witnesses,
shall decide and record the ownership of the land. The decision of the majority
of the Commission shall prevail. The Commission shall have power to approve a
compromise:
Provided that if all
the parties to a dispute agree, such dispute may be decided or a compromise
approved by a single
Commissioner.
(6) Any Rotuman who
is absent from Rotuma when the Commission is sitting may, by letter addressed to
the Commission, appoint an agent
in Rotuma to make a claim or objection on his
behalf; and subsections (3), (4), (5), (7) and (8) shall be interpreted as if
references
to claimants and parties to a dispute included their agents so
authorized.
(7) The manner of
recording the ownership of lands, whether by the Commission or by a
Commissioner, shall be as follows-
(a) the Commission or a Commissioner shall cause the owners to mark the boundaries of the land to its or his satisfaction in such manner as the Commission think best calculated to mark the boundaries as permanently as practicable, or, in the case of land leased for longer than one year, to endure for the remainder of the term of the lease, and may require different methods of marking of different boundaries according to circumstances;
(b) each plot of land shall be given a distinctive number and its number and name (if any) shall be recorded;
(c) the names of each of the Rotuman owners and whether the land is hanua ne kainaga, hanua pau or hanua ne'on tore shall be recorded, or it shall be recorded that such land is unowned;
(d) if the land is subject to a lease for a period longer than one year, the names of the lessor and lessee and the term of the lease shall be recorded, and, if it is a lease of part of a plot, sufficient particulars to show clearly what part.
(8)
On the conclusion of the proceedings recording the ownership of any piece of
land the Commissioner or Commission shall announce
his or its decision to the
parties concerned:
Provided that
the Commissioner or Commission may adjourn to such date as he or it may think
fit for the purpose of considering the
decision.
(9) For the purposes of
any inquiry the Commissioner or Commission shall have the same powers as those
vested in magistrates to summon
and examine on oath any person whom he or it may
think able to give relevant evidence, and to require the attendance of all
claimants
to any land the title of which is being inquired into and of all
persons likely to be interested in the title to such
land.
(10) In any case where there
is a dispute the Commissioner or Commission shall make an adequate record of the
evidence.
Appeals
6.-
(1) Any person aggrieved by any decision of the Commission or a Commissioner may
within ninety days of the announcement thereof
give notice of his desire to
appeal, which shall be signed by the appellant or his duly authorized agent, to
the District Officer.
The notice shall contain the grounds of appeal. Any such
appeal shall be heard by the Commissioner, Eastern Division, sitting with
two
Rotuman assessors appointed by the Council to advise him, and the decision of
the Commissioner, Eastern Division, shall be conclusive
and final. The
Commissioner, Eastern Division, shall notify his decision to the
Commission.
(2) If no notice of
appeal is given, the record of the Commissioner or Commission shall be
conclusive.
Survey
7.
As soon as practicable after-
(a) settlement of the boundaries by a commissioner if there is no dispute;
(b) expiry of the time for appealing if there has been a dispute which has been decided or a compromise which has been approved by the Commission or a Commissioner but no appeal has been filed;
(c) determination of the appeal if an appeal has been filed,
the
Commission shall cause the boundaries of all lands to be surveyed and a plan or
plans to be prepared which together shall be called
the Rotuma Registry Map, on
which shall be shown the boundaries of each separate plot and their dimensions
and the number given to
the plot in accordance with paragraph
(b)
of subsection (7) of
section
5. The Rotuma Registry Map shall form
part of the Register of Rotuman Lands hereinafter in this Act provided
for.
Unowned land
8.-
(1) All land found by the Commission to be unowned shall vest in the Crown in
trust for the Rotuman people, but shall not be deemed
to be Crown
land.
(2) All moneys derived from
such unowned land shall be paid into the Rotuman Development Fund to be used for
the purposes of that
Fund.
PART III - REGISTER OF ROTUMAN LANDS
AND EFFECT OF REGISTRATION
Register of Rotuman lands
9.-
(1) There shall be a Register called the Register of Rotuman Lands, which shall
be kept at Rotuma by the District Officer in such
form as is laid down by this
Act or as (subject thereto) may be
prescribed.
(2) The Register shall
contain a separate leaf in respect of every plot of land shown on the Rotuma
Registry Map and each plot shall
be described by reference to its number and its
name, if any.
(3) The Commission
shall cause entries to be made in the Register in respect of each plot,
containing the particulars mentioned in
paragraphs
(b),
(c) and
(d)
of subsection (7) of section
5.
(4)
A duplicate of the Register as compiled by the Commission and of the Rotuma
Registry Map shall be deposited with and kept in safe
custody by the Registrar
of Titles in Suva.
Estate or interest conferred by registration
10.-
(1) Registration of any land in the Register as hanua ne kainaga, hanua pau,
hanua ne'on tore or unowned land shall vest in the
persons registered as owners
of such land (or in the case of unowned land in the Crown) such rights,
privileges, powers and obligations
in relation to such land as are in this Act
specifically referred to or as are incidental to Rotuman native custom in so far
as such
custom is not inconsistent with the provisions of this
Act.
(2) Registration of a lease
in the Register shall vest in the lessee the land comprised in the lease for all
the interest described
therein together with expressed rights and appurtenances
attached thereto and subject to all expressed liabilities therein, and together
with and subject to all rights, liabilities and limitations laid down in
relation to leases by the Land Transfer
Act.
(Cap.
131.)
Rights conferred by registration
11.
The rights of Rotuman owners or the Crown whether acquired on the first
registration or on subsequent registration shall be rights
not liable to be
defeated; except as provided in section
31,
and shall be held by such owners or the Crown free from all other interests and
claims whatsoever, but subject as follows, that
is to say-
(a) subject to leases shown on the Register;
(b) subject to the following rights and interests which are not registrable under this Act-
(i) rights of way, rights of water and other easements;
(ii) leases for a term not exceeding one year;
(iii) rights of occupation by virtue of subdivision under Rotuman native custom, as provided for in paragraph (d) of subsection(1) of section 18;
(iv) profits à prendre subsisting at the commencement of this Act.
PART IV - DEALINGS
Registered land only to be dealt with in accordance with this Act
12.
Subject to the provisions of the Crown Acquisition of Lands Act, the Forest Act,
the Petroleum (Exploration and Exploitation) Act and the Mining Act, no land
registered under this Act shall be capable of being dealt with except in
accordance with the provisions of this Act, and
every attempt to deal with such
land except in accordance with the provisions of this Act shall be ineffective
to create, extinguish,
transfer, vary or affect any estate or interest in
land.
(Cap.
135, Cap. 150, Cap. 148, Cap. 146.)
Rotumans may not deal with land without written consent of District Officer
13.-
(1) No Rotuman or body of Rotumans shall
sell, lease, exchange, partition, subdivide or in any way dispose of or deal
with land registered
under this Act without the consent in writing of the
District Officer, and any such disposition purported to be effected without
such
consent shall be null and
void.
(2) The District Officer
shall not give his written approval as aforesaid unless he shall be satisfied
that any such disposition as
aforesaid is not at variance with the basis of land
tenure amongst Rotumans as specified in this Act.
District Officer may examine witnesses on oath
14.
For the purpose of satisfying himself that any such disposition as aforesaid is
in accordance with the basis of land tenure amongst
Rotumans as specified in
this Act, it shall be lawful for the District Officer by summons under his hand
to require the attendance
of any person whose evidence may appear to him to be
material to the issue and to examine such person on oath respecting the right,
title or interest of any person or persons in the land in question or otherwise,
and for so doing the District Officer shall have
all the powers of a magistrate
under the Magistrates' Courts
Act.
(Cap.
14.)
Restrictions on dealing with land
15.-
(1) Land registered under this Act shall not be alienated to non-Rotumans
whether by sale, grant, transfer or
exchange:
Provided that nothing in
this subsection shall prevent such land being alienated to the Crown or
compulsorily acquired by the Crown
under the Crown Acquisition of Lands
Act.
(Cap.
135.)
(2) Land registered under
this Act shall not be leased to non-Rotumans (other than the Crown) for a term
exceeding twenty-one years.
(3)
Land registered under this Act shall not be mortgaged or charged, and, save as
permitted under this Act, shall not be otherwise
encumbered, whether by Rotuman
or non-Rotuman owners.
(4) Any
instrument purporting to deal with land contrary to the provisions of this
section shall be null and void.
Dealings to be effected in the prescribed forms and presented for registration
16.-
(1) Land registered under this Act may be
dealt with by a document in the prescribed form, or, if no form has been
prescribed, in
such form as the District Officer shall
require.
(2) The dealing shall be
presented to the District Officer for registration and the registration shall be
completed by registering
the transferee as owner of the land transferred and
filing the document in the
Registry:
Provided that a
subdivision of hanua ne kainaga or hanua ne 'on tore among the members of the
family community owning such land, pursuant
to paragraph
(d)
of subsection (1) of section
18
shall not require to be
registered.
(3) No part of the
land comprised in any title shall be transferred unless such land shall first
have been subdivided and new titles
shall have been opened in the Register in
respect of each subdivision.
Survey on subdivision
17.
No dealing which effects a subdivision of any land registered under this Act
shall be registered unless such survey and/or demarcation
of boundaries shall
have been carried out in relation to such land as may be prescribed, or in
default of prescription as may be
ordered by the District
Officer.
Power and method of dealing with hanua ne kainaga and hanua ne on tore
18.-
(1) It shall be lawful for the owners to deal with hanua ne kainaga and anua ne
'on tore in any of the following manners only-
(a) by the creation of hanua pau;
(b) by leasing in the manner provided in this Act;
(c) by grant to the Crown, in which event such land shall become subject to the Crown Lands Act;
(Cap. 132.)
(d) by subdivision among the members of the kainaga or 'on tore in accordance with Rotuman native custom:
Provided that no such subdivision shall confer upon any individual Rotuman any interest greater than a life interest therein and that no such shall be alienable as such;
(e) by granting easements.
(2)
No such dealing shall be carried out without the written consent of the pure or
acknowledged head of the kainaga or 'on tore as
the case may be, and of the
majority of the adult members of the kainaga or 'on tore resident in
Rotuma.
(3) The instrument
effecting the dealing shall be signed by the pure or acknowledged head of the
kainaga or 'on tore, as the case
may be.
Power and method of dealing with hanua pau
19.-
(1) It shall be lawful for the owner to deal with hanua pau in any of the
following manners only-
(a) by sale or gift of such land as hanua pau;
(b) by disposition as hanua pau intended to take effect on his death, as provided in subsection (1) of section 26;
(c) by leasing in the manner provided in this Act;
(d) by granting easements.
(2)
The instrument effecting the dealing shall be signed by the owner of hanua
pau.
Unowned land
20.-
(1) The District Officer may deal with
land which is found by the Commission to be or which subsequently becomes
unowned land in any
of the following manners-
(a) by leasing it in the manner provided in this Act;
(b) by granting easements;
(c) after consultation with the Council, by giving or selling it as hanua pau or hanua ne kainaga to any Rotuman or Rotumans who is satisfied is or are in need of land.
(2)
The instrument effecting the dealing shall be signed by the District
Officer.
Creation of leases
21.-
(1) Subject to the provisions of
subsection (2) of section
15,
land registered under this Act may be leased to any person for any term subject
to any conditions which may be
agreed.
(2) A lease for a period
of longer than one year shall be in the prescribed form and shall be completed
by registration of the lease
as an encumbrance on the title of the lessor,
opening a title in respect of the lease in the name of the lessee and filing the
document
in the Registry.
Termination of leases
22.-
(1) The District Officer, upon proof to his satisfaction of the termination of a
registered lease, shall cancel the registration
thereof.
(2) A lease shall be
surrendered by writing the word "surrendered" with the date of surrender on the
original or on a copy thereof
and signature thereunder by the person authorized
under this Act to execute the lease and by the lessee; the registration of the
lease shall then be cancelled and thereupon the interest of the lessee shall
cease.
PART V- TRANSMISSION ON BIRTH OR DEATH
Transmission of hanua ne kainaga
23.
(1) Subject to the provision of subsection (2) of section
4
and subsection (2) of section
27,
hanua ne kainaga shall be transmitted only through the male
line.
(2) On the death of a member
of a land-holding kainaga or on the birth of a child to a male member thereof,
the nearest relative of
the deceased or the child, as a the case may be, shall
inform the District Officer of such event and of the name of hanua ne kainaga
concerned and shall furnish him with such proof and particulars as shall be
prescribed or in default of prescription as the District
Officer shall require,
and the District Officer, if satisfied that such death or birth has occurred,
and, in the case of a birth,
that the child is entitled under the provisions of
this Act to be registered in respect of such hanua ne kainaga, shall delete or
add the name of such person from or to the
Register.
(3) On the birth of a
child to a male Rotuman who is a member of two kainaga by virtue of subsection
(2) of section
4
the father or other person whose duty it is under that subsection shall choose
in which of those kainaga the child shall be registered
and shall inform the
District Officer in writing of his choice.
Transmission of hanua ne kainaga to Crown on failure of owners
24.
(1) If at any time there is a failure of members of a kainaga so that there
remains no person in whom the land is vested, the land
shall become unowned land
vest in the Crown in trust for the Rotuman people and the District Officer shall
register it as such.
Transmission of hanua ne 'on tore
25.-
(1) Hanua ne 'on tore shall be transmitted through both the male and the female
line.
(2) On the death of a member
of a land-holding 'on tore or on the birth of a child to a member thereof, the
nearest relative of the
deceased or the child, as the case may be, shall inform
the District Officer of such event and of the name of the hanua ne 'on tore
concerned and shall furnish him with such proof and particulars as shall be
prescribed or in default of prescription as the District
Officer shall require,
and the District Officer, if satisfied that such death or birth has occurred
and, in the case of a birth,
that the child is entitled under the provisions of
this Act to be registered in respect of such hanua ne 'on tore, shall delete or
add the name of such person from or to the Register.
(3)- (a) If the membership of any 'on tore is at any time reduced to one person the land shall vest in that person as hanua pau.
(b) Hanua ne 'on tore coming into existence after the commencement of this Act shall vest as hanua pau in the last survivor of the first three generations of members of the 'on tore, if it has not previously vested in one person as hanua pau under paragraph (a).
(c) The District Officer shall make all amendments to the Register to give effect to paragraph (a) and (c).
Transmission of hanua pau
26.-
(1) An owner of hanua pau who wishes to dispose of the whole or any part thereof
on his death as hanua pau shall personally deposit
with the District Officer a
document effecting such disposition and the District Officer shall make an entry
to the effect that such
a document has been deposited and what land it disposes
of, but shall not enter any other part of the contents of such document on
the
register or disclose the same to any member of the public during the life-time
of the depositor.
(2) If the owner
of such hanua pau disposes of the whole or any part thereof me, the District
Officer shall cancel or amend the entry
made under subsection (1)
accordingly.
(3) On the death of
the owner of hanua pau his nearest relative shall inform the District Officer
thereof and shall furnish him with
such proof and particulars as shall be
prescribed or in default of prescription as the District Officer shall require,
and the District
Officer, if satisfied that such death has occurred shall treat
the hanua pau of which he was the registered owner at the time of
his death as
follows-
(a) if a document has been deposited pursuant to this section and such document names one individual Rotuman living at the death of the deceased, he shall register the land referred to in the deposited document in the name of such person as hanua pau;
(b) in respect of any hanua pau of which a transmission cannot be effected under paragraph (a), he shall ascertain whether the deceased has left descendant or descendants, and if he has left one descendant shall register such land as hanua pau in the name of such person, and if he left more than one descendant shall register such land as hanua ne'on tore in the name of such persons, and if he has left no descendants register such land in the name of the Crown as unowned land in trust for the Rotuman people.
Illegitimate children
27.-
(1) For the purpose of registration, an illegitimate child shall be deemed to be
the child of its father if it has been acknowledged
by its father. If the father
of an illegitimate child cannot be ascertained or does not acknowledge it, such
child shall be deemed
to be the child of its
mother.
(2) Notwithstanding any
other provisions of this Act, an illegitimate child whose father cannot be
ascertained or does not acknowledge
it may be registered as a member of the
kainaga of its mother.
Adopted children not to rank as children of adopter
28.
For the purpose of registration an adopted child shall not be deemed to be a
child of its adopter.
Children en ventre sa mere
29.
For the purposes of this Act, a child en ventre sa mere shall not be regarded as
being in existence.
PART VI - MISCELLANEOUS
Inspection of Register
30.
Any person, on payment of the prescribed fee, shall be entitled to inspect the
Register and to receive certified or uncertified extracts
therefrom.
Rectification of Register
31.
The District Officer shall have power to rectify the Register in the following
cases-
(a) in formal matters and in cases of errors or omissions not materially affecting the interests of any owner;
(b) in any case at any time with the consent of all persons interested;
(c) in any case, other than first registration by the Commission set up under this Act, if he is satisfied that registration has been obtained or made or omitted to be made by omission, fraud or mistake and he deems it just to rectify the Register.
Appeal to Commissioner, Eastern Division.
32.
In any case of a dealing in or transmission of land, or in any case wherein the
District Officer has refused to approve a dealing
in land or has granted or
refused to grant unowned land to Rotumans under paragraph
(b)
of subsection (1) of section
20,
or has rectified or refused to rectify the Register, any party concerned who is
dissatisfied with the decision of the District Officer
may notify the District
Officer in writing within 30 days of the decision or such longer period as the
District Officer may for good
cause allow, that he desires to appeal, stating
his grounds of appal. The District Officer shall submit a report of the facts of
the case together with his observations thereon and any notes of evidence and
documents relating thereto, to the Commissioner, Eastern
Division, who shall
consider the matter with assistance of two Rotuman assessors appointed by the
Council and may hear the parties
if he deems fit and may thereupon make such
order as he shall think fit. Such order shall be final and shall be carried into
effect
by the District Officer.
Maintenance of boundary marks
33.-
(1) Every owner of land shall maintain in
good order on its boundaries all boundary marks which are prescribed or which
are ordered
to be set up by the Commission or a Commissioner or the District
Officer under the provisions of this
Act.
(2) The District Officer may
at any time order which of adjoining owners shall be responsible for the care
and maintenance of any
such boundary marks.
Offences in relation to boundaries
34.-
(1) Any person who-
(a) claiming to own lands, fails to mark out the boundaries thereof, or to cut away undergrowth if so required, or to point out the boundaries to the Commission or to a Commissioner if so required, contrary to subsection (3) of section 5;
(b) fails to comply with any direction by the Commission or a Commissioner or the District Officer to mark out the boundaries of land, contrary to paragraph (a) of subsection (7) of section 5, or contrary to section 17;
(c) being responsible for the care and maintenance of a boundary mark allows it to fall into disrepair or to be destroyed or removed, contrary to subsection (1) of section 33;
(d) defaces, tampers with, destroys, injures or removes any boundary mark or counterfeits any boundary mark,
shall
be guilty of an offence, and shall be liable in the case of an offence under
paragraph
(a),
(b)
or (c)
to imprisonment for a term not exceeding
two months or to a fine not exceeding forty dollars, and in the case of an
offence under
paragraph
(d)
to imprisonment for a term not exceeding one year or to a fine not exceeding two
hundred dollars.
(2) Any person
convicted of an offence under this section, whether or not any penalty be
imposed on him, shall be liable to pay any
costs incurred in the rectification
of his act or omission.
Penalty for insulting or interrupting Commissioner
35.
Any person who wilfully insults a member of the Commission while engaged in
taking evidence for the purpose of an inquiry held under
section
5
or who interrupts the proceedings or otherwise misbehaves himself during the
holding of any such inquiry shall be guilty of an offence
and shall be liable to
a fine not exceeding forty dollars or to imprisonment for any term not exceeding
two months.
Rights of Crown preserved
36.
Nothing in this Act shall be held to affect any right, title or interest of the
Crown in, upon or over any land in Rotuma.
Regulations
37.
The Minister may make Regulations for the purpose of-
(a) prescribing the manner in which the Register is to be kept and the form and manner in which dealings in land are to be effected;
(b) prescribing any other forms required for the purpose of carrying out the provisions of this Act;
(c) prescribing the requirements for survey and the demarcation of boundaries in connexion with dealings with land, and different requirements may be prescribed for different kinds of dealing;
(d) prescribing fees to be paid for any matter or thing done under this Act;
(e) prescribing any other matters which it is required or permitted to scribe or which it is necessary or convenient to prescribe under Act.
Controlled by Office of the Prime Minister
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