Kiribati Sessional Legislation
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REPUBLIC OF KIRIBATI
(No. 12 of 1992)
AN ACT TO PROVIDE FOR THE VALIDATION OF A REPLACEMENT REGISTER OF NATIVE LANDS FOR NIKUNAU
MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.
Short title and commencement
"Commission" means a Commission appointed under section 3;
"High Court" means the High Court as constituted under Part VIII of the Magistrates’ Court Ordinance 1978 (Cap. 52);
"land causes and/or matters" has the same meaning assigned to it under section 2 of the Magistrates’ Courts Ordinance 1978 (Cap. 52);
"lands’ jurisdiction" has the same meaning assigned to it under section 2 of the Magistrates’ Courts Ordinance 1978 (Cap. 52);
"Magistrates Courts" means a Magistrates’ Court for Nikunau with lands jurisdiction when composed or deemed to be composed under section 7(4) of the Magistrates’ Courts’ Ordinance 1978 (Cap. 52);
"Nikunau" means Nikunau Island which forms part of the land territory of Kiribati as set out in Schedule 2 of the Constitution.
Appointment of Commission
(2) Where there are more than one Commissioner appointed under subsection (1), one Commissioner shall be appointed as Chairman and
the others as members of the
Duties of Commission
the Commission shall compile a replacement Register of Native Lands recording therein all titles to Native Lands, pits, ponds, fish traps and sea walls in Nikunau.
Publication and Inspection of Register
(b) arrange for that part to be available for inspection in that village in accordance with the terms of the notice.
Objections and claims
(2) Any objection or claim made under subsection (1) shall be submitted to and lodged with the court clerk within 14 days of the expiry of the date of the notice under section 5.
(3) No objection or claim which seeks to reverse or amend a judgement or order made –
(a) pursuant to the Native Lands Commission Ordinance 1992;
(b) by a Lands Court for Nikunau established by the Native Lands Ordinance 1922 (Cap. 22);
(c) by the Magistrates’ Court (Cap. 52);
(d) by the High Court;
(e) by the Court of Appeal,
shall be entertained under this section.
(4) Every objection or claim made under subsection (2) shall be investigated and determined by a Commission whose decision shall be final and conclusive.
(5) If after hearing any objection or claim the Commission determines that amendments to the replacement Register of Native Lands must be made in order to give effect to the merits of any such objection or claim such amendments shall be made by the Commission as are necessary for that purpose.
Status of replacement Register
(2) Copies of the replacement Register of Native Lands as made under this section shall also be deposited with the Chief Registrar of the High Court and the Chief Lands Officer.
Correction of errors
(2) Any claim in respect of any error or omission shall be referred to the Magistrates’ Court.
(2) The regulations made under subsection (1) may in particular provide for the following –
(a) the fees to be paid in respect of an application for correction of errors in the replacement Register of Native Lands referred to in section 8;
(b) the fees to be paid in respect of any objection or claim made under section 6;
(c) the type and form of the replacement Register of Native Lands to be used by the Commission;
(d) the procedures to be followed by the Commission in compiling the replacement Register of Native Lands under section 4;
(e) the procedures to be followed by the Commission in carrying out their duties under sections 5 and 6, including the manner of erecting and the kind of land boundary mark that the Commission may authorise under this Act; and
(f) the remuneration and allowances for the members of the Commission.
LAND REGISTRATION (NIKUNAU) (VALIDATION) ACT 1992
Michael Neaua Takabwebwe
9 December 1992