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[F.A.Q.]
Kiribati Consolidated Legislation |
Commencement:
All islands other than Beru - 14th March 1957 G.N
54/57
Beru
Island - 13th August 1957 G.N. 187/57
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER
61
NATIVE
LANDS
ARRANGEMENT
OF SECTIONS
Section
PART
I
PRELIMINARY
1.
Short
title
2.
Interpretation
3.
Delegation of powers and duties by Chief Lands Officer
PART
II
TITLES
TO NATIVE LAND
4.
Indefeasibility of title
PART
III
ALIENATION
5.
Restriction of alienation of native land
PART
IV
NATIVE
LANDS REGISTRARS
6.
Native lands registrars
PART
V
LANDS
CODE
7.
Mining licences and Ordinances not to be affected by Lands
Code
8.
Amendment of Lands Code
PART
VI
LEASES
9.
Leases and sub-leases invalid until approved and
registered
10.
Approval and registration of certain leases and
sub-leases
11.
Approval of native
leases
12.
Term and extent of lease and
sub-lease
13.
Transfer of lease and
sub-lease
14.
Transfer of native
leases
15.
Implied covenants by
lessee
16.
Powers implied in
lessor
17.
Sub-letting
18.
Giving up possession of leased
land
19.
Passing of interest of
lessee
20.
Entry in register of determination of lease by lessor
PART
VII
SURVEY
21.
Interpretation of this
Part
22.
General Powers of
surveyors
23.
Clearance of boundary and other
lines
24.
Compensation for
damage
25.
Direction requiring
attendance
26.
Payment for boundary
marks
27.
Replacement of survey
marks
28.
Penalty for damaging survey
mark
29.
Removal of survey marks
PART
VIII
PENALTIES
30.
Offences
31.
Penalty for failure to comply with court’s
order
32.
Penalty for fraudulent alteration,
etc.
33.
Penalty for wilfully destroying,
etc.
34.
Meaning of register in sections 32 and
33
35.
Unlawful
occupation
36.
Removal of or interference with boundary
mark
37.
Disturbance of
court
38.
Failure to answer
summons
39.
Proceedings where to be instituted
PART
IX
GENERAL
40.
Regulations and
fees
41.
Regulations governing practice under section 24
------------------------------------------------------------
An
ordinance relating to native land and registration of title thereto
5 of
1956
2 of
1959
4 of
1967
8 of
1968
6 of
1969
8 of
1971
9 of
1971
11 of
1971
15 of
1972
3 of
1973
(Cap. 22 of
1973)
7 of
1976
19 of 1977
PART
I
PRELIMINARY
Short
title
1.
This Ordinance may be cited as the Native Lands
Ordinance.
Interpretation
2.
In this Ordinance unless the context otherwise requires-
“boundary mark” means and includes any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar or other survey mark and trees planted and marks made on trees or other fixtures to denote a boundary;
“Chief Lands Officer” means the Chief Lands Officer of the Gilbert Islands;
“Code” or “Lands Code” means the Gilbert and Phoenix Islands Lands Code;
(L.N. 8/63)
“Commission” means the Native Lands Commission which was constituted under the terms of the Native Lands Commission Ordinance;
(Cap. 20 of 1952)
“council” means a local government council;
“court” means a magistrates’ court established by the Magistrates’ Courts Ordinance and composed or deemed to be composed under the provisions of section 7(4) of that Ordinance;
(Cap. 52)
“court register” means one of the registers of a magistrates’ court;
“lease” does not include a sub-lease;
“Leases Register” means the book kept for the purpose of registering leases under section 10(5);
“lessee” means the registered lease-holder;
“native” notwithstanding the provisions of section 2 of the Native Status Ordinance means any aboriginal inhabitant of the Islands and a descendant of any aboriginal inhabitant, whether wholly or partly of aboriginal descent, who has not acquired non-native status under the Native Status Ordinance;
(Cap20 of 1973)
“native adoption” means the adoption of one native by another in accordance with native customary law;
“native land” means land owned by a native or natives;
“native lease” means a lease of native land to a native where the term of the lease does not exceed 21 years and where the land the subject of the lease does not exceed 5 acres, and includes a sub-lease;
“native will” means any will, codicil or other testamentary instrument made by a native and duly attested in accordance with customary law;
“non-native” means any person other than a native;
“presiding magistrate” means the presiding magistrate of a magistrates’ court composed in pursuance of the provisions of section 7 (4) of the Magistrates’ Courts Ordinance and, save in sections 18 and 20, any member of the court for the time being presiding;
(Cap. 52)
“register of native lands” means a register of native lands established in any island under the provisions of the Native Lands Commission Ordinance and maintained by the court under the provisions of this Ordinance and means also a register compiled under the Land Registration (Tarawa and Tabiteuea) Ordinance 1969 and the replacement Register of Native Lands deposited as provided by section 6 of the Land Registration (North Tabiteuea) (Validation) Ordinance 1976
(a) See note at end of Subsidiary Legislation
(Cap 20 of 1952)
(7 of 1969)
(5 of 1976)
“Sub-leases Register” means the book kept for the purpose of registering sub-leases under section 10(5);
“survey mark” means and includes any boundary mark or other mark and any beacon established and fixed by survey;
“title” means right, title and interest.
Delegation
of powers and duties by Chief Lands
Officer
3.
The Chief Lands Officer may delegate the exercise of any power or the
performance of any duty conferred or imposed upon him by this
Ordinance to any
administrative officer.
PART
II
TITLES
TO NATIVE LAND
Indefeasibility
of title
4.
(1) Subject to the provisions of this section, titles to native lands
–
(a) registered by the Commission as evidenced by a register of native lands, and
(b) registered by the court in pursuance of sections 59 and 64(1)(b) of the Magistrates’ Courts Ordinance as evidenced by a register of native lands shall, subject to section 8(2) of the Land Registration (Tarawa and Tabiteuea) Ordinance 1969 (which provides for the correction of omissions and errors found in the registers prepared under the Ordinance), be indefeasible.
(Cap. 52)
(7 of 1969)
(2)
When the court has, under the powers conferred upon it by section
64(1)(a)
of the Magistrates’ Courts Ordinance, approved the transfer of any native
land as a result of causes arising subsequent to
the proceedings of the
Commission on the island concerned and such transfer has not been varied on
appeal, the title thus obtained
as evidenced by the necessary rectification of
the court register recording the new title to the land, in the register of
native
lands shall, subject to section 8(2) of the Land Registration (Tarawa and
Tabiteuea) Ordinance 1969 be
indefeasible.
(Cap
52)
(7
of 1969)
PART
III
ALIENATION
Restriction
of alienation of native
lands
5.
(1) Subject to the provisions of this Ordinance native land shall not be
alienated, whether by sale, gift, lease or otherwise, to
a person who is not a
native.
(2) This section shall in no
way prohibit or restrict the alienation of native land to the Crown, a council,
the Housing Corporation,
a society registered under the Co-operative Societies
Ordinance or the National Loans Board.
(2
of 1979, s 2)
(Cap.
14)
(3) (a) Title to land acquired by the National Loans Board as security for moneys lent for the development of that land shall not be or become absolute until the transferor or assignor of that land shall have forfeited or lost the equity of redemption of his title to that land reserved to him at the time of acquisition by the National Loans Board whose title shall also be voidable if an equity of redemption, howsoever described, is not reserved at the time of acquisition.
(b) Nothing contained in this Ordinance shall derogate from the application of the Lands Code to the transactions contemplated in this subsection.
(4)
Native land acquired under this Ordinance shall not cease to be native land for
the purpose of this Ordinance by virtue of that
acquisition or of its subsequent
alienation notwithstanding the definition of native land.
PART
IV
NATIVE
LANDS REGISTRARS
Native
Lands
Registrars
6.
(1) The Chief Lands Officer shall appoint a native lands Registrar for every
register of native
lands.
(2)
Only the Chief Lands Officer and the native lands registrar be entitled to make
entries in a register of native
lands.
(3)
A native lands registrar shall make an appropriate entry in the register of
native lands whenever he shall be notified pursuant
to section 64 of the
Magistrates’ Courts Ordinance of an entry in the court
registers.
PART
V
LANDS
CODE
Mining
Licences and Ordinances not to be affected by Lands
Code
7.
(1) Nothing in the Lands Code shall affect in any way the validity of any
licence now or hereafter granted by the Crown conferring
upon any person or
persons the right to carry out mining operations within the Gilbert
Islands.
(2)
Nothing in any Lands Code shall in any way invalidate, amend, or repeal any of
the provisions of this Ordinance or any other law
of the
Islands.
Amendment
of Lands
Code
8.
(1) The Minister at the request of a council within whose area of authority an
island wholly or partly lies may by order amend the
Lands Code in respect of its
application to that
island.
(2)
The Minister shall cause a copy of every order made under this section to be
laid before the House of Assembly at its sitting
next following the date on
which the order comes into operation.
PART
VI
LEASES
Leases
and sub-leases invalid until approved and
registered
9.
No lease or
sub-lease of any native land shall be valid until it has been approved and
registered according with the provisions hereinafter
contained.
Approval
and registration of certain leases and
sub-leases
10.
(1) A lease
or sub-lease of native land, other than a native lease, shall require the
approval of the
Minister.
(2)
Any native or non-native who desires to obtain a lease of native land, other
than a native lease, shall submit such lease for
the inspection of the court of
the district or island in which the land the subject of the lease is
situate.
(3)
A lease of native land shall not be approved by the Minister unless the court of
the district or island in which the land is situate
has
confirmed:
(a) that the land is the property of the lessor;
(b) that the lessor is not prohibited under the Lands Code from alienating the land for the term proposed; and
(c) that the lessor will be left with sufficient land to support himself and his dependants:
Provided
that paragraph
(c)
shall not
apply to any island or place designated by notice by the Minister under this
subsection.
(4)
The Minister shall also satisfy himself:
(a) that the terms of the lease or sub-lease are not manifestly to the disadvantage of either party;
(b) that the agreement conforms with the requirement of regulations made under section 40; and
(c) that the fees prescribed have been paid.
(5)
Upon these conditions being fulfilled the Minister shall cause a copy of such
lease or sub-lease to be registered in a book to
be kept for that purpose and
known as the Leases Register or Sub-Leases Register as the case may be and shall
cause an endorsement
to be made on the lease or sub-lease recording the
approval, the registered number and date of
registration.
(a) The powers and duties of the Minister under this section are delegated to the Chief Lands Officer: L.N. 20/72
Approval
of native
leases
11.
(1) Any
native desiring to obtain a native lease shall submit the proposed lease to the
court of the district or island in which the
land the subject of the native
lease is
situate.
(2)
On being satisfied that the land to be leased is the property of the lessor and
that the terms and conditions of the lease are
fair both to the lessor and the
lessee and that if the lease takes effect there will be sufficient land left to
the lessor to support
himself and his family, the court shall approve the lease
and thereupon the presiding judge shall cause the clerk to enter a copy
of the
lease in the court register of native leases and to make an endorsement upon the
lease to the effect that it has been approved
and registered.
Term
and extent of lease and
sub-lease
12.
No lease or
sub-lease shall be granted for a longer period than 99 years or of any parcel of
land of greater extent than 10 acres
without the approval of the
Minister.
Transfer
of lease and
sub-lease
13.
No lease or
sub-lease granted under the provisions of this Ordinance, other than a native
lease, shall be assigned or transferred
without the approval of the Minister in
the case of leases or sub-leases granted under section 12; and any such
assignment or transfer
approved as aforesaid shall be registered in the Leases
Register or Sub-Leases Register as the case may be.
(a) The powers of the Minister under this section are delegated to the Chief Lands Officer in respect of parcels of land not exceeding 10 acres: L.N. 20/72.
Transfer
of native
leases
14.
No native
lease shall be assigned or transferred without the approval of the court of the
district or island in which the land the
subject of the lease is
situate.
Implied
covenants by
lessee
15.
In any
lease or sub-lease there shall be implied unless expressly stated to the
contrary the following covenants by the lessee, that
is to say:
(a) that he will pay the rent thereby agreed at the times therein mentioned and all rates and taxes which may be payable in respect of the property during the continuance of the lease or sub-lease;
(b) that he will at all times during the continuance of the lease or sub-lease keep and at the termination thereof yield up the lease property in good repair, accidents and damage from fire, storm and tempest and reasonable wear and tear excepted.
Powers
implied in
lessor
16.
In any
lease or sub-lease there shall also be implied unless expressly stated to the
contrary the following powers in the lessor,
that is to say
–
(a) that he may by himself or his agents at all reasonable times during the term upon giving the lessee 2 days’ previous notice enter upon the leased property and view the state of maintenance thereof, and may serve upon the lessee or leave at his last or usual place of abode or upon the property a notice in writing of any defect requiring him within a reasonable time to be therein mentioned to repair the same;
(b) that in case the rent or any part thereof shall be in arrear for the space of 3 months, it shall be lawful for such lessor to enter upon and take possession of such property;
(c) in the case of default being made in the fulfilment of any covenant whether expressed or implied in such lease or sub-lease on the part of the lessee and being continued for the space of 6 months, or in case the repairs required by the notice in writing specified in paragraph (a) not having been completed within the time therein specified it shall be lawful for such lessor by order of the court to enter upon and take possession of such property.
Sub-letting
17.
There shall
also be implied in any lease or sub-lease, unless specifically stated to the
contrary, that the lessee will not sub-let
the land comprised in the lease or
sub-lease without the consent of the
lessor.
Giving
up possession of leased
land
18.
Where a
lessee shall have delivered to the lessor his copy, if any, of the lease or
sub-lease accompanied by a notice in writing stating
that upon a given date he
will give up possession of the land comprised in such lease or sub-lease the
Minister, or in the case of
a native lease the presiding magistrate, may, upon
application to him by the lessor and production of such evidence as he may
require
that the lessee has abandoned the occupation of the land contained in
the said lease or sub-lease make upon the lease or sub-lease
a memorial of the
surrender of such lease or sub-lease.
(a) The powers of the Minister under this section are delegated to the Chief Lands Officer: L. N. 20/72
Passing
of interest of
lessee
19.
Whenever
any memorial shall have been made upon a lease or sub-lease in pursuance of the
last preceding section the interest of the
lessee in such land shall revest in
the lessor, and production of such lease or sub-lease bearing such memorial
shall be sufficient
evidence that such leas or sub-lease has been so
surrendered.
Entry
in register of determination of lease by
lessor
20.
The
Minister, or in the case of a native lease the presiding magistrate, upon
presentation of proof to his satisfaction of lawful
re-entry and recovery of
possession by a lessor shall make or cause an entry to be made in the Leases
Register, Sub-Leases Register
or Court Register as the case may be and the lease
or sub-lease shall thereupon determine but without releasing the lessee from his
liability in respect of the breach of any agreements in such lease or sub-lease
expressed or implied and the proper registering authority
shall cancel such
lease or sub-lease if delivered up to him for that purpose.
(a) The Minister’s duty under this section has been delegated to the Chief Lands Officer in respect of leases of native land.
PART
VII
SURVEY
Interpretation
of this
Part
21.
In this
Part “surveyor” means a Government surveyor or any person authorised
in writing by the Chief Lands Officer to
exercise the powers conferred on
surveyors by this
Part.
General
powers of
surveyors
22.
(1) A
surveyor may at all reasonable times enter and remain upon any land he is
required by or under any Ordinance, by any court or
by the Chief Lands Officer
to survey or mark out and upon any neighbouring
land.
(2)
A surveyor may establish in or upon any land referred to in subsection (1)
survey marks in such manner and number as he may think
fit and may dig up any
ground for that purpose and may cut down and remove any trees, crops or other
growth and remove or alter any
fence or the property which may obstruct any
survey or boundary
line.
(3)
In exercise of the powers conferred by subsection (2) as little damage as
possible shall be
done.
Clearance
of boundary and other
lines
23.
(1) A
surveyor may give a written direction to any person requiring him to clear any
boundary or other line reasonably required for
the purpose of marking out or
conducting a survey of land in which that person has an
interest.
(2)
Any person who wilfully and without reasonable excuse, the proof whereof shall
lie on him, fails to comply with a requirement
imposed under this section shall
be liable to a fine of $10 and to imprisonment for 1
month.
(3)
Any court before whom a person is convicted of an offence under this section may
order the convicted person, in addition to any
penalty which may be imposed, to
pay to the Chief Lands Officer a sum equivalent to the expenditure incurred or
likely to be incurred
from public funds in clearing the boundary or other line
in
question.
Compensation
for
damage
24.
(1)
Whenever it appears that any trees, crops or other growth or any fence or other
property will require to be removed, damaged or
destroyed in exercise of a power
conferred by section 22 or in compliance with a requirement imposed under
section 23 a surveyor
shall first assess the amount of compensation to be paid
therefore and shall give to the owner thereof notice in writing of that
amount.
(2) Any
person dissatisfied with the amount of compensation assessed under subsection
(1) may appeal against the assessment to the
Chief Lands Officer if within 3
weeks of receiving a notice referred to in that subsection notice in such form
as may be prescribed
has been given to the Chief Lands
Officer.
(3)
The Chief Lands Officer shall either dismiss the appeal affirming the amount
assessed under subsection (1) or allow it in which
case he shall determine the
amount of compensation to be
paid:
Provided
that where an appellant so requests in the notice of appeal the Chief Lands
Officer shall refer the determination of the
appeal in accordance with this
subsection to any person whom he may with the approval of the appellant
designate.
(4)
The determination of an appeal under this section either by the Chief Lands
Officer or by the person designated under subsection
(3) shall be
final.
(5)
The Chief Lands Officer may in any case extend the time within which notice of
appeal under this section is required to be
given.
(6)
No power conferred by section 22 shall be exercised and no requirement imposed
under section 23 shall be complied with in the
circumstances described in
subsection (1) unless an assessment of the amount of compensation has first been
made under that
subsection.
Direction
requiring
attendance
25.
(1)
A surveyor
may give to any person whom he reasonably believes may be of assistance a
written direction requiring that person to attend
at a time and place to be
specified in the
direction.
(2)
A surveyor may further require any person who has attended in compliance with a
requirement under subsection (1) to give him such
information and other
assistance as the surveyor may reasonably require for the purpose of
ascertaining the boundaries, marking out
or conducting a survey of any
land.
(3)
Any person who wilfully and without reasonable excuse, the proof whereof shall
lie on him, fails to comply with a requirement
imposed under this section shall
be liable to a fine of $10 and to imprisonment for 1
month.
(4)
The Chief Lands Officer may authorise the payment out of public moneys to any
person complying with a requirement under this section
of such compensation as
may be described for any loss or inconvenience thereby
occasioned:
Provided
that where no compensation has been described for the purposes of this section
such compensation shall be paid as the Chief
Lands Officer deems in all the
circumstances to be just and
reasonable.
Payment
for boundary
marks
26.
Where
boundary marks or other survey marks are established by a surveyor on land at
the request of any person the cost of so establishing
those marks shall be
recoverable by the Chief Lands Officer from that person in any
court.
Replacement
of survey
marks
27.
(1) The
Chief Lands Officer may cause any survey mark established on land by a surveyor,
whether under this Ordinance or otherwise,
which is found to have been removed,
damaged or destroyed to be replaced, re-established or restored and may in any
court recover
from the person responsible for that removal, damage or
destruction the cost of so doing including the cost of any survey thereby
occasioned.
(2)
Without prejudice to subsection (1), the cost referred to may in the case of the
replacement, re-establishment or restoration
of a survey mark established at the
request of any person be recovered by the Chief Lands Officer from that person
in any
court.
Penalty
for damaging survey
mark
28.
(1) Any
person who wilfully and without the written consent to the Chief Lands Officer
or a surveyor removes, damages, destroys, defaces,
obliterates or in any way
whatsoever interferes with any survey mark established by a surveyor, whether
under this Ordinance or otherwise,
shall be liable to a fine of $100 and to
imprisonment for 6
months.
(2)
Any court before whom a person is convicted of an offence under this section may
order the convicted person, in addition to any
penalty which may be imposed, to
pay to the Chief Lands Officer a sum equivalent to the expenditure incurred or
likely to be incurred
from public funds in replacing, re-establishing or
restoring the survey mark in question including the cost of any survey thereby
occasioned.
Removal
of survey
marks
29.
(1) Any
person who wishes to have any survey mark removed or altered in any way, whether
temporarily or permanently, may apply in
writing to the Chief Lands Officer
setting forth the grounds of the
application.
(2)
Where in consequence of an application under subsection (1) the Chief Lands
Officer causes a survey mark to be removed or altered
he may in any court
recover from the person who made the application the cost of so doing and the
cost of replacing, re-establishing
or restoring the mark where the application
was for its temporary removal or alteration including the cost of any survey
thereby
occasioned.
PART
VIII
PENALTIES
Offences
30.
Any person
who–
(a) wilfully makes any false statement or declaration in any dealing in land; or
(b) suppresses or conceals or aids and abets in the suppressing or concealing from the proper registering authority any material document, fact or matter; or
(c) wilfully makes any false declaration required under the provisions or made in pursuance of this Ordinance; or
(d) in the course of his examination before the court wilfully gives false evidence; or
(e) in the course of his examination before the court wilfully refuses to give evidence; or
(f) fraudulently procures any document of title or any instrument affecting title, or the making of any alteration thereto or erasure therefrom,
shall
be liable to a fine of $200 and to imprisonment for 1
year.
Penalty
for failure to comply with court’s
order
31.
Any person
who wilfully and without reasonable excuse, the proof whereof shall lie on him,
fails to comply with any judgment, decision
or order or direction of a court, a
magistrate’s court, the High Court or a magistrate exercising jurisdiction
under this Ordinance
shall be liable to a fine of $200 and to imprisonment for 1
year.
Penalty
for fraudulent alteration,
etc.
32.
Whosoever
shall fraudulently alter, add to, erase, deface or destroy or permit to be
altered, added to, erased, defaced or destroyed
any register or any entry
therein or any registered instrument shall be liable to a fine of $200 and to
imprisonment for 1
year.
Penalty
for wilfully destroying,
etc.
33.
Whosoever
shall wilfully destroy, injure, mutilate, deface or lose any such register or
registered instrument shall wilfully allow
any such register or registered
instrument to be destroyed, injured, mutilated, defaced or lost whilst in his
custody or keeping
shall be liable to a fine of $200 and to imprisonment for 1
year.
Meaning
of register in sections 32 and
33
34.
In sections
32 and 33 any reference to a register means any register of native lands, court
register, Leases Register or Sub-Leases
Register.
Unlawful
occupation
35.
(1)
Complaints concerning unlawful occupation on native land may be lodged with the
clerk of the court who shall issue a summons for
the appearance before him of
the party or parties so informed against and of any other persons or persons
whom it may be necessary
or proper to examine as a witness or witnesses on the
hearing of such information; and the court shall in the presence of the parties
proceed to hear and determine such information and being satisfied of the truth
thereof shall issue a warrant addressed to any police
officer requiring him
forthwith to dispossess and remove from such land any person in unlawful
occupation of such land and the officer
to whom such warrant is addressed
forthwith carry the same into
execution.
(2)
The court may order such person to pay to the proprietor compensation for the
period of the unlawful occupation and to pay to
the Government any costs
incurred in dispossession and
removal.
(3)
Any person who occupies land without a claim of right made in good faith shall
be liable to a fine of
$50.
Removal
or interference with boundary
mark
36.
No boundary
mark shall be defaced, obliterated, moved, injured or otherwise impaired,
destroyed or rendered useless except by a person
duly authorised thereto by a
court and any person acting in contravention of this section shall be liable to
a fine of $50 and to
imprisonment for 6
months.
Disturbance
of
court
37.
Any person
who within or close to the building where the court is sitting or in the
presence or hearing of the presiding magistrate
or the magistrates of the court
when engaged in determination of boundaries wilfully misbehaves in a violent,
threatening or disrespectful
manner to the disturbance of the court or to the
intimidation of suitors or others resorting thereto, or wilfully insults any
member
or officer of the court shall be liable to a fine of $50 and to
imprisonment for 6
months.
Failure
to answer
summons
38.
Any person
summoned by the court who fails to appear at the time and date specified in the
summons without good cause shall be liable
to a fine of
$10.
Proceedings
where to be
instituted
39.
Proceedings
for any offence created under this Part or Part VII shall be taken before a
magistrates’ court however composed.
PART
IX
GENERAL
Regulations
and
fees
40.
The
Minister may make regulations to give effect to the provisions of this
Ordinance, and in particular, but without prejudice to
the generality of the
power hereinbefore given, may prescribe:
(a) the manner in which lease shall be prepared, including the quality, size and condition of paper and quality and colour of ink to be used;
(b) the fees payable for the examination and approval of leases and for matters related thereto;
(c) the fees payable for the registration of leases and for matters related thereto.
Regulation
governing practice under section
24
41.
Without
prejudice to section 40 the Chief Lands Officer may, with the approval of the
Chief Justice, make regulations prescribing
the form of notice under section 24
(2).
-----------------------------------------------------
SUBSIDIARY
LEGISLATION
Lands
Code referred to in section
2
Gilbert
and Phoenix Islands Lands
Code.............................................................L.N.8/63
5 of 1956
Under
the provisions of section 28 of the Native Lands Ordinance 1956 the following
Code was declared to be the Code of Laws governing
native land rights from 1
March 1963 in each of the following islands–
MAKIN
BUTARITARI
MARAKEI
ABAING
TARAWA
MAIANA
ABEMAMA
ARANUKA
KURIA
NONOUTI
TABITEUEA
ONOTOA
NIKUNAU
BERU
TAMANA
ARORAE
ARONA
NIKUMARORO
-------------------------------------
GILBERT AND PHOENIX ISLANDS LANDS CODE
Application
In
this Code if there is no name of an island next to a section then it means that
the section applies to all islands or most of them
and the general section and
the name of the island is then shown next to the relevant
section.
Interpretation
In
this Code “court” has the same meaning as in the
Ordinance.
THE CODE
Authority
of an owner over his property
1. (i) An owner controls the use of his property except that if it is proved to the satisfaction of the court that an owner is preventing his issue from obtaining a livelihood from his land, the court may order that some of his property be set aside for the maintenance of his issue. The court may also direct that the owner shall not make use of such property himself. The ownership of property set aside in this way is not transferred.
(ii) (a) An absentee owner is free to leave his property to be cared for as he wishes.
(b) If an absentee landowner has not appointed a caretaker to look after his property then the court may choose a caretaker to take charge of his property for him.
(c) If an owner wishes to appoint someone to look after his property it will only be allowed by the court if the property is to be properly cleaned and maintained by the caretaker.
Neglect
2.
If any next-of-kin of an owner deliberately neglect that owner (and not on
account of his own sickness, or because the owner refuses
his help, or for any
other reason) the owner may direct that that next-of-kin is to receive no share
of his property; provided that
during the owner’s lifetime the neglectful
next-of-kin has been successfully prosecuted for his
neglect.
Nikunau
Arorae
On
these 2 islands the above section is not applicable and the following takes its
place –
A parent may distribute his property to his issue however he wishes but each of them must receive sufficient for his livelihood. A child may not be disinherited. It is immaterial if he is neglectful or not or if he marries without his parent’s consent. An heir of an owner who is not the issue of that owner may be disinherited if he is deliberately neglectful.
Gifts
3. (i) If the next-of-kin of an owner are over 18 years of age, and a majority of them permit him to dispose of his property in any manner he wishes, then the court may permit such a distribution.
(ii) The distribution of the whole of an estate of an owner to someone other his next-of-kin, will only be allowed-
(a) if the next-of-kin have deliberately neglected an owner (and not because the owner has refused their help or for any other reason); or
(b) if a majority of the next-of-kin agree.
Nikunua,
Arorae
Section 3 (ii) (a) above will not be applicable if the owner has children.
(iii) An owner has complete authority over the disposal of any land he has received as a reward for his work, or which he has bought, or which he has received in exchange for a canoe or anything else or which he has received as an unreturnable gift land. He may dispose of them just as he wishes but if he dies issueless and he has no brothers and sisters and is intestate then the lands will be distributed to his paternal next-of-kin.
(iv) If an owner has received a gift which must revert to the donor's family if he, the recipient or his issue dies issueless then he may not give away such property.
Distribution
of an estate and gifts
inter
vivos
4. (i) An owner’s order disposing of his property during his lifetime may be allowed by the court if it complies with this Lands Code. The owner's order will only be altered or overruled-
(a) if any of his issue or next-of-kin who are not guilty of neglect would thereby be left in hardship, but if they have been guilty of neglect then the order will not be stopped because of any resulting hardship (See Section 2); or
(b) if the shares of his next-of-kin are thereby grossly unfair.
(ii) The court shall first enquire into the opinion of the other children or next-of-kin of the-owner before approving such a distribution or gift.
(iii) A parent may not take back a dowry granted to a daughter on her marriage unless it is proved that the daughter has been guilty of neglect or if insufficient land remains for the support of children born to the parent, subsequently to the gift.
A
gift for nursing
5. (i) A gift for nursing may only be given by a will which has been confirmed by the court or if it is satisfied that the deceased made no will because he was prevented from so doing, or he was incapable of making one.
(ii) If the members of the owner's family refuse to nurse him then a stranger may be rewarded for nursing him. An owner may not choose a nurse from outside his family unless he has successfully prosecuted them in the court.
(iii) A gift for nursing shall not exceed one land and one pit if the donor's family nurse him, but if a stranger nurses him, or only one of his family, and the others refuse to do so, then the gift may be increased.
(iv) A gift for nursing shall not be allowed when the donor is in a hospital which has full facilities.
(v) A man may also give his wife one land or one pit, or one land and one pit, and a woman may do so to her husband as a gift for nursing if they are not nursed by their children if they have any or by their next-of-kin if they have no issue.
Tabiteuea
Section 5(v) above is applicable but all the property of the owner may be given to the spouse if the family’s neglect is proved.
Makin,
Butaritari, Kuria
A man may give his wife one land or one pit, or one land and one pit, and a woman may do so to her husband as a gift for nursing.
(vi) Gifts for nursing are given away and do not return to the donor’s family if the recipient is issueless.
Tarawa
Gifts for nursing will revert to the donor’s family if the recipient dies issueless. But if the recipient has children the donor loses his reversionary right and it is immaterial if his issue are later issueless.
A
gift for kindness
6. (i) An owner is free to give a gift for kindness and it is immaterial if he is neglected or not and the gift may be approved by the court. If there is no neglect, then the gift will not be approved if it is large and it will result in his next-of-kin being left in hardship.
Nikunau
This is called a gift of “Bora”.
(ii) Gifts for kindness are given away and do not return to the donor's family if the recipient is issueless.
Marakei,
Abaiang, Aranuka, Abemama, Kuria, Onotoa, Tamana,
(ii) Gifts for kindness are given away and do not return to the donor’s family if the recipient is issueless.
Gifts for kindness will revert to the donor's family if the recipient dies issueless. But if the recipient has children the donor loses his reversionary right and it is immaterial if his issue are later issueless.
Gifts for kindness will revert to the donor's family if the recipient or his issue are issueless; then the property will revert undivided to one of the donor's family or to that number of them which equals the number of properties to revert and the court will decide this by considering the livelihood of the various members of the donor's family.
Adoption
as a grandchild
7 (i) A gift to an adopted grandchild may only be given if the adoptive grandparent has registered the adoption before the court. An adoption as a grandchild shall only be allowed by the court if it is satisfied that the adoptive grandparent's real issue or his family if he is issueless will not thereby be left in hardship, but if his real issue or his family if he is issueless are guilty of neglect then the court may approve the adoption and it is immaterial if there are not enough lands left for his real issue or his family. Such an adoption may be annulled by the court if it is proved that the adopted grandchild is not dutiful. The adopted grandchild does not forfeit his inheritance from his real father and mother.
(ii) If such an adoption is not annulled before the death of the adoptive grandparent and the adopted grandchild has not yet received a gift of adoption and is not left one by will then he may claim in the court for the award of such a gift. The court shall carefully consider the adoptive grandchild's claim and if it is satisfied that it is right and it considers that it was the intention of the adoptive grandparent to make a gift of adoption to his grandchild, then the court may approve the award of such a gift.
(iii) A gift for an adoption as a grandchild may not exceed one land, one pit, one fishpond and five niba (planting holes for one babai plant).
Makin,
Butaritari, Marakei, Abaiang, Tarawa, Aranuka, Arorae, Nikumaroro,
Orona
(iv) Gifts for an adoption as a grandchild will revert to the donor’s family if the recipient dies issueless. But if the recipient has children the donor loses his reversionary right and it is immaterial if his issue are later issueless.
Maiana, Abemama, Kuria, Nonouti, Onotoa, Tamana
Gifts for an adoption as a grandchild will revert to the donor's family if the recipient or his issue are issueless; the property will revert undivided to one of the donor's family or to that number of them which equals the number of properties to revert and the court will decide this by considering the livelihood of the various members of the donor's family.
Tabiteuea,
Beru, Nikunau
If the recipient of a gift for an adoption as a grandchild dies issueless, the gift will not revert but will be inherited by his family.
Mutual
inter-family adoption of
grandchildren
8.
When 2 owners have agreed to adopt as grandchildren each other's real
grandchildren but only one of the 2 makes a gift to his adopted
grandchild, then
the adoptive grandparent who made a gift to his adopted grandchild but whose
real grandchild has not received a
corresponding gift of adoption from his
adoptive grandparent may if he wishes recall his gift even though he is not
neglected by
his adopted
grandchild.
Adoption
as son or daughter
9. (i) A gift to an adopted grandchild may only be given if the adoptive parent has registered the adoption before the court. An adoption as a child shall only be allowed by the court if it is satisfied that the adoptive parent's real issue or his family if he is issueless will not thereby be left in hardship, but if his real issue or his family if he is issueless are guilty of neglect then the court may approve the adoption and it is immaterial if there, are not enough lands left for his real issue or his family. Such an adoption may be annulled by the court if it is proved that the adopted grandchild it not dutiful.
(ii) An adopted child will receive his inheritance from his real father and mother in the same way as his brothers and sisters.
(iii) An adopted child will inherit from his adoptive parent just as though he were a real child of that person. At the time that the adoption is registered before the court it must be decided if the adopted child is to receive from the adoptive parents’ father’s and mother’s family lands or only from the adoptive parents’ father’s lands or only from his mother's lands.
Makin,
Butaritari, Marakei, Abaiang, Tarawa, Aranuka, Arorae, Nikumaroro,
Orona
(iv) Gifts to an adopted child will revert to the donor's family if the recipient dies issueless. But if the recipient has children the donor loses his reversionary right and it is immaterial if his issue are later issueless.
Maiana,
Abemama, Kuria, Nonouti, Onotoa, Tamana.
Gifts to an adopted child will revert to the donor's family if the recipient or his issue are issueless. The property will revert undivided to one of the donor's family or to that number of them which equals the number of properties to revert and the court will decide this by considering the livelihood of the various members of the donor's family.
Tabiteuea,
Beru, Nikunau
If the recipient of a gift to an adopted child dies issueless the gift will not revert but will be inherited by his family.
Distribution
of an estate decided by will
10. (i) An owner’s will disposing of his property may be allowed by the court if it is in accordance with this Lands Code.
(ii) If any owner wishes to direct the distribution of his estate after his death then he should make a will. This may be written on any kind of paper but it is better if he will use the will forms kept by the clerk of the court. When he has written the terms of his will then he must sign it in the presence of 2 witnesses who must also sign it. The will must be witnessed by 2 persons who are not members of the testator's family and who are not beneficiaries under the will.
A new will may be substituted or a new condition may be written changing the terms of the first will but such new wills or terms must both also be signed and witnessed. A written will, correctly witnessed, may not be changed by a verbal one - it is immaterial if the verbal bequest is witnessed or not. If an owner has made no written will then a properly witnessed verbal bequest may be considered by the court.
Abemama
(iii) Notwithstanding what is written in the sections above and below, at Abemama an owner who has no issue is free to give away or sell half his estate from his father's family and half from his mother's family and it is immaterial whether he is neglected or not.
Distribution
of an estate where there is no
will
11.
The estate of an intestate owner or of an owner whose will has been stopped will
only be settled when his next-of-kin, or their
representatives are present. If
the next-of-kin can agree upon a distribution then this may be approved by the
court. If no agreement
can be reached then the estate will be divided as shown
below.
Shares
of children when property owner more than one
spouse.
Marakei,
Tarawa, Maiama, Kuria, Aranuka, Abemama, Nonouti, Tabiteuae,
Onotoa.
(i) (a) If an owner has more than one spouse then the eldest son of the first spouse will be the administrator or if there is no son by the first spouse but only daughters then the eldest daughter will be the administrator. A female administrator may if she wishes allow a son by a subsequent spouse to be the administrator. The issue of the first spouse will receive the best land and thereafter the estate will be shared equally between the spouses. However if some of the children of the owner will suffer hardship by such a distribution then the court may distribute the lands amongst the children irrespective of which spouse they are from.
Makin,
Butaritari, Abaiang, Nikunua, Arorae, Tamana, Orona.
(b) If an owner has several spouses then the estate will be distributed amongst the children irrespective of which spouse they, are from.
Beru,
Nikumaroro
(c) If an owner has several spouses the eldest son of the owner will receive the best land and it is immaterial whether he is by the first spouse, the second spouse, the third spouse or any other spouse, and thereafter the estate will be shared equally between the spouses.
Relatives
shares of children of an owner
(ii) In the distribution of an estate between the sons and daughters of an owner the shares of the eldest son shall exceed that of his brothers, and the share of sons shall exceed the shares of daughters. If there are no sons then the share of the eldest daughter will exceed that of her sisters.
Makin,
Butaritari, Tamana, Arorae
All children of an owner will receive equal shares.
Sons will receive more than daughters but the first born will receive no extra.
Distribution
of fishponds and fishtraps.
(iii) A daughter will receive fishponds or fishtraps if there are no sons of the owner, or if the parent or her brother so decide. If there are many fishponds and fishtraps, and the parent has made no will concerning them, the court may direct that a daughter will receive a share. A daughter will receive a share of fishponds or fishtraps from this provision only if the sons have received their shares.
Makin,
Butaritari, Nikunau, Tamana, Arorae
Sons and daughters will share fishponds and fishtraps equally.
Distribution
of joint estate of owner and wife
(iv) A father and a mother may jointly distribute their estate and a child may not claim against such a distribution just because he has received a share from his father only and not from his mother, or perhaps from his mother only and not from his father. If the child has received a fair share from the joint estate the distribution may be approved by the court.
Distribution
of issueless owner
(v) (a) If an issueless owner is intestate or his will does not conform with this Lands Code, the distribution of the estate will be made by the court in such a manner that the lands will not be fragmented or subdivided and if there are insufficient lands for distribution to all his next-of-kin, then only those whose shares are small from previous distributions will receive shares. Men and women will share equally in the distribution of an issueless estate.
Marakei
Women will not receive shares in the distribution of an issueless estate.
(b) The near family or next-of-kin of an owner are firstly his real brothers and sisters if any, and secondly if he has no full brothers and sisters then his half brothers and sisters who are his next-of-kin for, the properties of their common parent. If there are no other issue of his father or mother then the property he has received from his father will be inherited by the brothers and sisters of his father or their issue and the property received from his mother will inherited by the brothers and sisters of his mother or their issue.
(c) An owner has complete authority over the disposal of any lands he has received as a reward for his work, or which he has bought, or which he has in exchange for a canoe or anything else or which he has received as an unreturnable gift land. He may dispose of them just as he wishes but if he dies issueless and he has no brothers and sisters and is intestate then the lands will be distributed to his paternal next-of-kin.
Distribution
of estate of an issueless bastard.
(vi) If a bastard dies issueless then his estate will be divided in the same way as any other issueless estate.
Subdivision
of lands
(vii) The court should, if possible, refuse to cut up a land plot when distributing an estate - so that each land plot in a distribution will not be cut into several pieces and then shared out to all the next-of-kin, but land plots will be undivided so that one next-of-kin will be given one or more whole plots and the lands will be distributed according to their size: in this way a next-of-kin receives small lands will receive a larger number.
Distribution
of property of absentee
owner
12.
If an owner is absent from his island for 15 years the court should enquire the
intention of owner or his issue to return. If
the court is satisfied that
neither the owner nor his issue will return then the estate may, be distributed
to his next-of-kin who
live on the island as though the owner had died issueless
or decided by the
court.
Exchange
of
properties
13.
Landowners may exchange their lands but they must do so in the court. The court
will stop an exchange only if there is a great
difference in value in the
properties to be exchanged. It is immaterial if the properties are both on one
land or if one is on a
different island. Exchanges of pits and fishponds may be
made similarly. The line of inheritance of a land received in an exchange
will
be that of the land which has been given
away.
Sale
of
property
14.
An owner may sell a land, a pit or a fishpond if his next-of-kin agree and the
court, having considered the matter, approve. Before
reaching its decision the
court should first consider if the lands remaining to the owner after the sale
are sufficient for him and
his
children.
Kuria,
Aranuka,
Abemama
An
owner is free to sell one land and one third of the remainder of his lands
received from his father's family and a similar proportion
of those lands
received his mother's family. The landowner's next-of-kin retain their rights of
inheritance on their remaining lands
from their families. This proportion may be
exceeded only if half of the next-of-kin of the relevant side of the family
agree.
Improvements
15. (i) Before making a fishtrap, a seawall, a pond, a pit or niba upon anyone else’s land, the person wishing to make the improvement must come before the court only if the owner of the land upon which it is to be made refuses to give permission, or if the value of an existing improvement will be reduced thereby.
(ii) When permission has been obtained to make an improvement, then it must be made and when it is complete it will be inspected by members of the court and the person who made it must again come before the court so that it can be registered in the register of native lands under his name.
Natural
accretions
16. (i) If a land accretes naturally towards the sea from an owner's land then the accretion belongs to the landowner upon whose land it accretes; if it accretes upon a seawall then the accretion belongs to the owner of the wall: and if it accretes from a land and from a seawall then the accretion is shared between them.
(ii) Any accretion which does not adjoin an existing land shall belong to the Government and the court may give it to any indigent person. If the person awarded the land plants it properly then he will be confirmed in ownership but if' he neglects the land the court may take it from him and give to another person.
Onotoa
Only applicable in the village of Tabuarorae, west of the passage. If land accretes from a plot of land then it will belong to the owner of that plot but if it extends further outside the limits of that land's boundaries then the extension will belong to an adjoining landowner opposite whose land the accretion extends. If however the land accretes from a seawall then the provision in Section 16(i) above applies.
Arorae
The ownership of accretion at the northern or southern ends of the island will be decided by the court which must decide to whom the land should belong from amongst the population of the nearest village.
House
plots
17. (i) A householder is free to remain in occupancy of his house site provided that he will do one of the things shown below. The landowner may no refuse to allow this and he may only claim to evict the householder from house site if the householder refuses to do the things prescribed. The landowners and the householders should signify their mutual agreement before the court. If they have not made any such agreement then the court shall decide on what should be done. The court may also decide the amount of rent or the price of the land or the amount of anything that should be exchanged with the house site in the event of there being no agreement.
(ii) Things that may be done-
(a) The householder may lease a house site from the landowner and in so doing will pay rent for such land monthly or yearly.
(b) The householder may allow the use of his land, pit or pond by the land-owner who agrees to him living on his site by way of an exchange for the mutual use of their property during the time the householder uses the landowner's site.
(c) The householder may agree to a permanent exchange whereby he receives a house site,the latter to be regarded as his own property in exchange for one of his lands, pits or ponds.
(d) The householder may buy a house site from the landowner.
Makin
Householders are also responsible for paying tax on their house sites. This, however, does not mean that landowners or others are free from their liability under Makin Section 3.
Makin,
Butaritari. A gift from a true parent to the adoptive parent of his
child.
1.
With the approval of the court one land and one pit may be given by the adopted
child or his family to the adoptive parent. A land
given as a gift in this way
will not revert to the donor unless the court decides that it should because the
adopter has acted in
such a manner as to make desirable the reversion of the
gift
land.
A
gift by a man to his wife during
marriage.
2.
With the approval of the court a man, during marriage, may give his wife one
land and one pit and these will not revert to the
donor.
A
gift by a woman to her husband during
marriage.
3.
As in paragraph 2 above but a gift from the wife to her husband. With the
approval of the court a woman, during marriage, may give
her husband one land
and one pit and these will not revert to the
donor.
Butaritari:
Communally owned land.
As from the month of October in the year 1956 there will be no more communally owned land, the custom regarding the use of land per week or per month or per year no longer holds. From this date a person will not be permitted to have a land registered in his name together with another landowner. A person may get his share only by transfer of the land from a registered land-owner. The lands 578-1 Aubangkai and 678-3(a) Barakinikuria will remain owned land communally owned by, the descendants of Nei Katiria and lands 578-2 Aubangkai and 678-3(c) Barakinikuria by the descendants of N. Kakiaki and lands 610-2 Biti by the descendants of N. Taebontetoa.
Marakei
1. (i) When a pond already owned and registered in 1923 becomes dry, the bed will remain the property of the pond-owner.
(ii) When ownership of a pond has been obtained after the year 1923 and the pond becomes dry the bed will revert to the landowners.
2.
When a person who has dug a pit on the land of another person becomes issueless
the pit will revert to the
landowner.
Abaiang,
Nikunau
A land may be given by the parents of a child to a wet-nurse as a gift for wet-nursing and the members of the family may not object to such a gift being given.
A
gift for wet-nursing a
child
A
land may be given to a wet-nurse as a gift for wet-nursing a child will revert
to the donor if the donee dies issueless. But if
the donee dies and has children
the donor will lose ownership of the land even if the children of the donee dies
issueless.
Tabiteuea:
Boundaries of
fishponds
The
boundaries between lands and fishponds surrounded by barren land will be fixed
at a point 3 fathoms from the high water mark of
the pond. If barren land
extends less than 3 fathoms from the pond the boundary, shall placed at the
point where the barren land
ends and fertile land
begins.
Tabiteuea,
Onotoa, Nikunau: Newly dug pits and
ponds
If
a pit or pond is dug by a married couple on the land of the man or of the man's
family and the couple are issueless or are divorced
without any children the
pond or pit will pass to the man or his family. The same will apply in the case
of the woman's land or the
land of her family. If a pit or pond is dug by a
married couple on the land of a person other than a member of their families and
the couple are issueless or divorced without any children the property will be
shared between the man and the woman, or their families
if they are
dead.
Makin:
Distribution amongst groups of owners
1. Lands, other than the High Chief’s quarter which has already been designated as a sufficient share for him, which are in group ownership will be divided equally as between the members of the high chiefly family, the "toka" (petty chiefs) and the workers whose names are recorded in the register of native lands.
From
such time the rights and customs pertaining to such lands are
abolished.
Multiple
ownership of lands
2. (i) Where there are joint owners of lands the owners will use and work these lands year about provided where hardship is endorsed by the court the period may be reduced to month about or week about. As regards the use of land and the time at which such work shall start the effective date shall be the 1st January every year. A group of owners under one family head shall all use the land during their appropriate year. The same applies to any lesser period on the land.
(ii) When the land is being used year about, they are free to take nuts from the coconut trees until the 31st of August each year. If any person is found climbing a tree after the approved time he will forfeit his right of using the land during such time as has been decided by the court. But those whose term is shorter will not be allowed to pick nuts off the tress.
(iii) If a court finds that a land user has failed to carry out his work within the time specified for performing his share of planting, cutting, and cleaning the bush, or he does not do what he is required to do during his time on the land, the court may make an order terminating his time on the land until such time as the court observes that he has done his appropriate share of the work which he is required to do on the land.
Forfeiture of his time on the land by a person not performing his proper share of the work does not absolve the person concerned from his responsibilities or liabilities on the land: he shall still do his share of the work or provide his share of the tax if any.
(iv) The court shall arbitrate between landowners who fail to come to an agreement.
Landowners
tax
3.
The users of the land in each year are responsible for payment of the tax on the
land and their agreement as to their proportions
shall be made before and
confirmed by the court. But it is the proper responsibility of the person in
whose name the land is registered
to ensure that the name of the person
responsible for paying the tax is recorded by the council each year. If the name
of the person
responsible for payment of tax is not recorded or if there is a
mistake in connection therewith, the responsibility for the payment
of the tax
and other matters related thereto rests with the person whose name is registered
in the register. The name of the head
of the family alone will be recorded in
the land tax register and it is his duty to ensure that payment is made by his
relatives
using the land or the person whose name is registered in the book. Any
person failing to pay his share of tax on the land used by
him will forego his
"term" on the land for such time as the court may
decide.
Division
4.
Now that the numbers and sizes of lands have been determined it is the
responsibility of the family to decide on the allocation
of their own individual
plots. Divisions will be approved and supervised by the
court.
Designation
under the proviso to section
10(3)
Banaba
is designated an island to which section
10(3)(c)
shall not
apply.
L.N.
8/73
Regulations
under section 40
NATIVE LANDS LEASES REGULATIONS
Citation
and
Application
1.
These Regulations may be cited as the Native Lands Leases Regulations and shall
apply to all leases and sub-leases of native land
requiring the approval of the
Minister under section
10:
Provided
that these Regulations shall not apply to any lease of land situate in Banaba to
which the British Phosphate Commissioners
are a
party.
Form
of
lease
2.
(1) Every lease shall be prepared in triplicate in the form set out in Schedule
1:
Provided
that any of the standard conditions in the form may be amended, deleted or added
to by agreement between the parties to the
lease.
(2)
Forms in the form set out in Schedule 1 shall be provided without charge by the
Chief Lands
Officer.
Form
of
sub-lease
3.
Every sub-lease shall be prepared in duplicate in such form as the Chief Lands
Officer may
require.
Plan
4.
A plan of the land to be leased in such form and showing such particulars as the
Chief Lands Officer may require shall be attached
to each copy, of the lease or
sub-lease.
Manner
of execution of leases and
sub-leases
5.
(1) Every copy of a lease or a sub-lease shall be signed and amendments
initialled by all the parties
thereto.
(2)
Where land is held by joint owners the signature of one joint owner shall be
binding on all joint owners and the payment of rent
to and acceptance by one of
the joint owners shall be sufficient discharge for the
lessee.
(3)
Where a party to a lease or sub-lease is a body corporate the signatures of two
of its trustees or principal officers shall be
sufficient to bind the body
corporate.
(4)
Where a party to a lease or sub-lease acts through a person holding a power of
attorney the Chief Lands Officer shall certify
an accurate copy thereof be a
true copy and shall annex it to the copy, of the lease or sub-lease to be
retained in the appropriate
register.
Language
of leases and
sub-leases
6.
(1) The copy of every lease or sub-lease retained in the leases register or
sub-leases register shall be in English and the other
copies shall be in English
or the
vernacular.
(2)
In the event of any discrepancy between the copies of a lease or sub-lease the
copy retained in the appropriate register shall
prevail.
Procedure
for
leases
7.
Where as regards a proposed lease a lands court, has confirmed all the it is
required to confirm by section 10 (3) the registrar
shall forthwith transmit all
the copies of the proposed lease to the Minister for his
consideration.
Procedure
for
sub-leases
8.
After signature by the parties all the copies of a proposed sub-lease shall be
transmitted to the Minister for his
consideration.
Fees
9.
The fees payable in respect of the matters specified in Schedule 2 shall be Fees
therein prescribed.
----------------------------
SCHEDULE
1
(Regulation
2
(1)
THE
GILBERT
ISLANDS
LEASE
AGREEMENT
(Regulation
2(1) of the Native Lands Leases
Regulations)
Name
of Landowner ("lessor"):
.........................................................
Postal
address:
.................................................................................
Name
of Tenant ("lessee"):
...............................................................
Postal
address:
.................................................................................
Name
and no. of land, village and Island.("the demised
land")...................................
Approx.
area:
.................................................................................
Agreed
rent:
...................................................................................
($
per
acre/hectare)......................................................
Terms
of lease .............years from................19.....
----------------------------------------------
CONDITIONS
OF LEASE
1.
This Lease is subject to Part VI of the Native Lands Ordinance (Cap
61)
*
Delete whichever is not applicable and insert date 5 years after date of first
payment of
rent.
2.
The lessee agrees to pay to the lessor the rent reserved in advance/arrear* on
the ...............day of ...........of every year
the first of such payments to
be made on the ....................day of
....................
3.
The lessor and lessee agree that on the day of and at intervals of 5 years
thereafter the rent shall be reviewed by agreement and
in the absence of
agreement that they shall refer the matter to the magistrates’ court
exercising jurisdiction under section
58 of the Magistrates’ Courts
Ordinance (Cap 52) for arbitration and shall accept the Panel’s
determination.
*Delete
if not
applicable
*4.
During the term of the lease the lessee shall be entitled to the exclusive use
of all land, trees, plants and fixtures and shall
pay all rates and taxes which
may be payable in respect of the demised
land.
*
Delete if not
applicable
*4.
The lessee
shall during the term of the lease subject as hereinafter provided be entitled
to the exclusive use of the demised land.
During the term of the lease the
lessor shall retain the usufruct of the trees and plants on the demised land and
shall pay all rates
and taxes which may be payable in respect of the demised
land. The lessee shall permit the lessor or his agent at all reasonable
times to
enter upon the demised land to cultivate and harvest the trees and plants. In
the event of the lessee requiring the removal
of any trees or plants he shall
pay compensation
therefor.
5.
The lessee shall not sub-let the demised land or any part thereof without the
written consent of the lessor which consent shall
not be unreasonable
withheld.
6.
If the rent hereby reserved or any part thereof shall be unpaid for 3 months
after having become payable (whether formally demanded
or not) the lessor may at
any time thereafter re-enter and take possession of the demised land or any part
thereof in the name of
the
whole.
7.
The words “lessor” and “lessee” shall include their
successors in title.
DESCRIPTION
OF THE DEMISED LAND
As
indicated on the annexed plan.
SCHEDULE
OF TREES. PLANTS AND OTHER FIXTURES
Compensation
amounting to $......has been paid to the lessor on P.V No .........dated
the...........day of ...........in respect of
the following –
Further
compensation
–
IN