Niue Department of Justice and Courts Annual Reports

 

Department of Justice, Lands and Survey

PO Box 75, Alofi, NIUE   Telephone: (683) 4127, Facsimile: (683) 4231 or 4010                        

 

ANNUAL REPORT

 2009 -2010

 

Introduction 

The Department has focused its efforts on implementing and achieving the activities identified in the Niue National Strategic plan (NNSP) in order to achieve the strategic objectives identified. Of note the Department has with the assistance of the Pacific Ombudsman Alliance (POA) and the New Zealand Ombudsman Office initiated the implementation of the Complaints Handling Ombudsman Backed System (CHOBS).  

 

In addition to the general day to day operations of the Department there have been some particular activities of note that have engaged the Department over the 2009/2010 period:-

 

a)         The 2009 Village Council Elections and subsequent By election of which the acquittal reports are annexed for reference.

 

 b)         The convening and administration of the Niue High Court. The Court was convened  and presided over on two occasions by Judge Issac Wilson over the 2009/2010 period.

 

 c)         The implementation of the Complaints Handling Ombudsman Backed Service in February 2010.

 

 d)         The on going participation in regional initiatives such as PIANZEA (Pacific Island Australian, New Zealand Electoral Association, PJDP (Pacific Judicial Development Program), SOPAC GIS initiative and the PIOA (Pacific Island Ombudsman Alliance).

 

 e)         The continued participation of the Department in the reporting on the Niue Integrated Strategic Plan and ongoing Pacific Plan reporting requirements.   

 

Background

 

The Department comprises of a total number of 21 Staff who are divided between the 4 Divisions. The Department is currently housed in two residential premises at Fonuakula, Alofi. There are 3 staff undertaking training overseas (1 is on the reverse scholarship training, 1 on a AusAid scholarship and 1 undergoing privately funded training)  with possibly one staff undertaking training overseas in the new year (reverse scholarship).

 

In addition to those on training 3 officers are currently on LWOP for a period of six to twelve months.  

 

Department 2009/2010 Budget: 

 

Expenditure	2009/2010 Voted	2008/2009 Voted	2009/2010 Actual
Administration	165,200	165,000	133,274
Civil/Criminal Court	52,000	50,000	36,342
Land Court	78,500	63,000	65,308
Land Management	153,300	178,000	156,673
TOTALS	$449,000	$456,000	$391,597

  

Revenue	2009/2010 Voted	2008/2009 Voted	2009/2010 Actual
Administration	15,000	20,000	14,954
Civil/Criminal Court	10,000	8,000	6,018
Land Court	10,000	20,000	5,798
Land Management	23,000	93,000	11,413
TOTALS	$58,000	$141,000	$38,183

 

Due to a number of staff on LWOP and training during the year and a number of other cost saving measures adopted by the Department the annual budget was under spent by approximately $57,403.00. 

 

However revenue was also down by $19,817.00 of estimate, a number of factors are attributed to the revenue shortfall however inflated revenue expectation may have been a major factor in arriving at this discrepancy.

 

The outstanding rental issue of the Niue Noni sublease for Vaiea farm remains an issue that needs to be resolved. At this time this issue continues to contribute to the revenue shortfall in the Land Management Division expectations in addition to being a continuing annual expense in terms of rent payable to land owners. The Department has invoiced Niue Noni however no payments have been made at this time.

 

Administration Division

 

Department Output:

 

To ensure the effective and efficient implementation of all administrative functions of the Department within prescribed annual allocation and the targets of the NISP. Managing and maintaining the Births, Deaths and Marriages Registry and the running of the General and Village Council Elections in a manner that is professional and timely, in order to maintain the confidence of the general public in the integrity of the Department.

 

The Administration Division in addition to the general administration of the functioning of the Department such as general inquires, the processing of payments and receipt of monies, administration of Crown lands and leases, and is also responsible for the management of the Births, Deaths and Marriages registry and the processing of and receipting funds derived from the Births, Deaths and Marriage certificates.

 

The major functions of this Division are administered by Mrs. Nooroa Marsh who is assisted by Miss Stephanie H. Velah. 

The Revenue expectation estimate for 09/010 was $15,000 the actual revenue derived for the period was $14,954.00. This was made from the revenue derived largely from the provision of 476 Births, Deaths and Marriage Certificates over the 2009-10 period and other miscellaneous costs and fees charged by the Department.

 

Criminal /Civil Court Division

 

Department Output

 

To ensure the effective and efficient administration of the Niue High Court in the adjudication of Civil and Criminal matters, maintaining a high level of support to the Niue judiciary to ensure that matters brought before the High Court of Niue is dealt with in a fair and timely fashion.

 

This Division is headed by Mr. Darren Tohovaka and he is assisted by Mrs. Alana Tauetau. The Division has been fundamental in the establishment of the CHOBS Trial and also is responsible for liaising with the Pacific Judicial Development Program PJDP for assistance for training of the local judiciary.

 

The Division has been endeavoring to increase the number of court sittings presided on by the local judiciary during the year. However this has been hindered by a number of ancillary issues which the Department is endeavoring to resolve with the Niue Police and the appointed judicial officers.    

 

a)         Criminal Court

 

Application	Jul 08- Jun 09	Jul 09- Jun 10
Transport Act 1965
Driving with excess breath alcohol	-	14
Driving in a negligent manner	4	12
Speeding within village boundaries excess of 40km/hr	-	27
Dangerous Driving	-	2
Driving while unfit through drink	2	1
Fail to register m/vehicle for licensing yr	1	5
Fail to provide specimen of breath for Breath test	3	1
Exceeding speed limit	-	1
No Safety Helmet	-	2
Driving whilst disqualified	4	1
Drive vehicle with only 1 head lamp	-	1
Fails to give signal before stopping	-	1
Fail to renew drivers license	-	1
Fail to yield right of way	-	1
Application for a Limited License	1	3
Drive m/vehicle w/out license	1	1
Operate a vehicle w/out current WOF	1	4
Fail to affix Reg. Plate to m/vehicle	1	2
Niue Act 1966
Obscene Language	-	5
Assault	2	5
Affray	-	-
Actual Bodily Harm	2	-
Indecent act in a public place	-	1
Disorderly conduct	-	6
Threats to kill	-	2
Willful trespass	-	2
Unlawful entry of dwelling house	-	1
Break & Enter	1	-
Theft	-	2
Fraud	2	-
Party to an Offence	-	1
Drunk in a public place	-	3
Unlawful possession of firearm	-	1
Possession of firearm without lawful purpose	-	1
Discharge of firearm within 100mtrs of dwelling house	-	1
Fail to stop and render assistance	-	2
Application for Medical Custody Order	-	2
Application for Rehearing	-	-
Application for a Search warrant	-	1
Notice of Motion	1	-
Dogs Act 1966
Fail to pay Annual License for Dog	-	2
Fail to register female dog for licensing yr	-	1
Fail to register dog for licensing yr	-	1
Pig Control Act 1988
Allow pigs to wander at large	-	1
Total:	27	121

 

 

b)         Civil Court Division

 

Application/Motion/Petition	Jul 08- Jun 09	Jul 09- Jun 10
Injunctions	-	-
Damages	-	-
Claim unpaid goods/services	17	3
Claim for Compensation	-	-
Enforcement of fine	-	2
Restore a Company	1	-
Information - Income Tax Act 1961	4	-
Order for arrest absconding debtor	1	-
Motion for directions as to service	6	4
Proceedings Companies Act	2	3
Petition for Dissolution of Marriage	1	-
Notice of Appeal	1	1
Total:	34	13

 

Revenue derived from Court fines and other miscellaneous costs collected by this division was $6,018.00 for the year, which is $3,982.00 under estimate however such revenue is subject to fluctuation depending on the Offences committed within that year. The Department has close to a 99%-100% collection rate on imposed fines.

 

Land Court Division

 

Department Output

To ensure the effective and efficient administration of the Niue land titling system, to provide and maintaining a high level of support and advice to the High Court of Niue and to the general public in relation to the titling and registration of Niuean land.

 

This Division is headed by Mrs. Celina Tiakia and she is assisted by Mrs. Valentine Mautama, Miss Tiara Tukuniu, Miss Goretti Poumale and Miss Liliokalani Laufoli.

 

Over the 2009 - 2010 period the Niue Land Court dealt with approximately 260 cases, these were submitted to the November 09 sitting, June 2010 sitting of the Niue High Court. These court sittings were held over a two week period respectively. The Court will next convene in November 2010 with Judge Wilson Isaac and Chief Judge Patrick Savage presiding. 

 

 

Applications  processed by Land Court	2008/09	2009/10
Determine Title/ Appoint Leveki	150	34
Partition/Appoint Leveki	6	12
Re hearing	7	3
Appeal	2	-
Change/ Add Leveki	26	17
Confirmation of Alienation	4	2
Charging Order	33	12
Discharge Charging Order	6	-
Relative interest	0	-
Receivership Application	0	-
Occupation Order	5	5
Injunction	11	1
Dismiss injunction	3	-
Access	1	-
Evictions	0	-
Motions to strike out	3	2
Memorandums to Court	1	-
Application to dismiss	1	-
Confirmation of Lease	1	6
Transfer of Lease	1	-
TOTAL	260	99
Matters adjourned	53

 

 

Land Management Division

 

Department Output

To ensure the effective and efficient administration and management of the operations of the Land Survey division of the Department to ensure the delimitation of land titles and boundaries and to ensure that the formalization of the appropriate documentation pertaining to the formal registration of Niuean land is undertaken in a ordered and timely fashion within the parameters of the law. To have oversight of the administration of all Crown leases. 

 

This division comprises of two components the major component being the land surveying division and the other being the land registration division. The surveying aspect of the work is self explanatory, the registration aspects is in relation to the documentation that accompanies the formal registration process.

 

The Department would like to reiterate that the number of investigations and final land surveys completed is dependent upon the number of qualified Land Surveyors available to the Department. Unfortunately there is only one remaining qualified surveyor within the Department. Steps have been taken to attempt to address the issue in the Department Human Resources Plan and that one of the trainee surveyors who will be completing his studies at the end of this year will be returning in early 2011.  

 

The Department is currently seeking a qualified Land Surveyor through the auspices of the Commonwealth Secretariat. However the main emphasis has been to encourage and train young school leavers coming out of Niue High School. It is expected that one of the Department trainees will be completing his studies at the end of 2010 and it is expected that he will be rejoining the Department in early 2011.

 

a)         Surveying

 

	Jul 09-Jun 10	Area
Investigations/provisional surveys completed	26	78.6 ha
Final surveys completed	22	32.3 ha
TOTAL		110.9 ha

 

 

Plans Approved	12
Plans Drawn	13
CT drawn & updated	65

 

 

It must be noted that for the period of 2005 to 2008 there remained 178 outstanding final surveys that need to be conducted and this number grows with every sitting of the Niue High Court. With a review of the Department records and with the final surveys completed during the year this figure has been reduced to 134.

 

b)         Registrations

 

These statistics are in relation to the formal documentations completed and finalised relevant to the land registration process 

 

 

Instruments issued	Jul 09-Jun 10	Jul 08-Jun09
Order Determining Magafaoa	21	9
Order appointing Leveki Magafaoa	37	11
Change of Leveki Magafaoa	31	8
Occupation Order	11	5
Order of Partition	7	1
Charging Order	23	9
Discharge of Charging Order	1
Confirmation of Alienation	3	3
Surrender of Lease	1	1
Registration of Niuean Land	24	14
Registration of Crown Land	0	0
Warrant	1	1
Power of Attorney	1	0
Assignment of Lease	2	1
Total	163	63

 

 

Niue Integrated Strategic Plan 2009-2013: 

 

The Department is tasked with meeting certain targets as stipulated in the Niue Integrated Strategic Plan which are high lighted for reference. For the 2009-2010 period, the Department has endeavored to address all the strategic objectives as highlighted by the NISP unfortunately resource and capacity restraints have meant that some matters would have to be addressed at a later stage, a brief summary of actions/implemented over the 2009-2010 period are as per the attached acquittal report.

 

Conclusion

 

This report endeavors to encapsulate all the work that has been undertaken by the Department, the indicators and statistics that are provided do not truly reflect all the work and hours that need to be put in so that the targets and achievements of the Department are met.

 

 

 

Justin Kamupala

Secretary to Justice.

20^th September 2010
 

 

ATTACHMENT A

 

GOVERNMENT OF NIUE

Department of Justice, Lands and Survey

PO Box 75, Alofi, NIUE   Telephone: (683) 4127, Facsimile: (683) 4231 or 4010                        

 

 

ACQUITTAL REPORT VILLAGE COUNCIL ELECTIONS: 22 August 2009

 

INTRODUCTION

 

The date for the 2009 Village Council Elections was determined by Cabinet on 9^th July 09 to be held on the 22^nd August 2009 as per CM(09)20.

 

NOMINATIONS

 

Notices seeking the nomination of candidates were gazetted on the 14^th July 2009 this also called for those who have become eligible to become electors to be registered. The date for closure of nominations was the 12.00 o clock 6^th August 2009. At the close of nominations the following persons had been nominated as candidates:

 

ALOFI SOUTH (5 Seats)

1. HEKAU, Robin

2. KAUFISI, Puakina

3. LITAIO, Poeniue

4. NEMAIA, Judy

5. SIONEHOLO, Losana

6. VILIAMU, Dimitry

7. PEAUFA, Stephanie

 

TAMAKAUTOGA (5 Seats)

1. LAGIONO, Christopher

2. FUNAKI, Fualosa

3. NELISI, Samson

4. PUHEKE, Ron Amanaki

5.

 

AVATELE (5 Seats)

1. TUKUTAMA, Duane Carlos

2. IKIMOTU, Kanetoni

3. NOSA, Manila

4. TIAKIA, Ataleo

5. LAUFOLI, Emeline

6. HAKEAGAIKI, Makea

 

7. PAVIHI, Roy Lee

8. MAKAIA, Hinamoa

9. IKIUA, Oswin

10. SANETELI, Willie

11. TAUATI, Atalase

 

VAIEA (3 Seats)

1. TALAITI, Hakala, Makaniue

2. TALAITI, Mokahemotu

 

HAKUPU (5 Seats)

1. TOHOVAKA, Natasha

2. MAUTAMA, Ritchie

3. ALAPAKI, Rheumatic

4. KALAUNI, Hubert Mana

5. MISIKEA, Tom Tamatoa

6. TUKUITOGA, Itzy Freda Lauaki

 

LIKU (5 Seats)

1. PULEHETOA, Sifakalipa

2. PULEHETOA, Sionetasi

3. MAMAIA, Ioane

4. SEUMANU, Logopati

 

LAKEPA (5 Seats)

1. MAGATOGIA, Mary

2. TOGIAVALU, David

3. TOGIAVALU, Sione Belle

4. KONELIO, Tongariro

5. HENISIONE, Hale Kalaha

 

MUTALAU (5 Seats)

1. IOANE, Makaseau

2. HALETAMA, Falanikasi Falaniua

3. SIONHOLO, Frank Taoro

4. IOANE, Tifaole

5. PANAMA, Danny

 

TOI (4 Seats)

1. TUTAKITOA, Salapiga

2. GATAUA, Leslie Hack

3. TUHEGA, Sapati

4. TAUFITU, Ponivasalia

 

HIKUTAVAKE (5 Seats)

1. Martin Matakapea

2. Doreen Matakapea

3. Ian McKenzie Hipa

4. Pamela Togiakona

5. Herman Tagailoaluga

6. Sione Laponi Togiakona

7. Masiniholo Lagaloga

8. Niutaha Tahega

 

 

NAMUKULU (3 Seats)

1. LIPITOA, Mokavesi Jack

2. MAKAIA, Talaia

3.

 

TUAPA (5 Seats)

1. IKITULE, Hale

2. SIONETAMA, Sione Pokau

3. MOKALEI, Halafoou

4. AI’NUU, Mona

5. MANETOA, John Barrick

6. IKIHELE, Kulupatau

 

 

 

MAKEFU (5 Seats)

1. POIHEGA, David

2. TALAGI, Mary Anne Palemia

3.

4.

5.

 

ALOFI NORTH (5 Seats)

1. FATIAKI, Sefeti

2. HEKA, Tutuli

3. SIOSIKEFU, Margaret

4. TAFATU, Stanley

 

 

________________________________________________________________________

 

DECLARATION OF ELECTION OF CANDIDATES

 

At the closure of period for nominations i.e. 12 noon, 6^th August 2009, the candidates nominated for the Village Councils of the following villages were declared Elected:

 

TAMAKAUTOGA: 1. LAGIONO, Christopher

2. FUNAKI, Fualosa

3. NELISI, Samson

4. PUHEKE, Ron Amanaki

 

VAIEA                       1. TALAITI, Hakala, Makaniue

2. TALAITI, Mokahemotu

 

LIKU                          1. PULEHETOA, Sifakalipa

2. PULEHETOA, Sionetasi

3. MAMAIA, Ioane

4. SEUMANU, Logopati

 

LAKEPA                   1. MAGATOGIA, Mary

2. TOGIAVALU, David

3. TOGIAVALU, Sione Belle

4. KONELIO, Tongariro

5. HENISIONE, Hale Kalaha

 

MUTALAU               1. IOANE, Makaseau

2. HALETAMA, Falanikasi Falaniua

3. SIONHOLO, Frank Taoro

4. IOANE, Tifaole

5. PANAMA, Danny

 

TOI                             1. TUTAKITOA, Salapiga

2. GATAUA, Leslie Hack

3. TUHEGA, Sapati

                                    4. TAUFITU, Ponivasalia

 

NAMUKULU                        1. LIPITOA, Mokavesi Jack

2. MAKAIA, Talaia

 

MAKEFU                  1. POIHEGA, David

2. TALAGI, Mary Anne Palemia

 

ALOFI NORTH        1. FATIAKI, Sefeti

2. HEKA, Tutuli

3. SIOSIKEFU, Margaret

4. TAFATU, Stanley

 

WITHDRAWALS

 

The remaining 5 villages of Alofi South, Avatele, Hakupu, Hikutavake and Tuapa were tentatively set down for elections subject to any withdrawals by candidates by 12.00 noon 14^th August 2009.

 

Two of the nominated candidates, 1 from Hakupu ( KALAUNI, Hubert Mana)  and 1 from Tuapa (SIONETAMA, Sione Pokau) withdrew their names by the due withdrawal date which abrogated the need to hold elections for those Villages, the following persons were declared duly elected for the following villages as of the 14^th August 2009:

 

HAKUPU                   1. TOHOVAKA, Natasha

2. MAUTAMA, Ritchie

3. ALAPAKI, Rheumatic

4. MISIKEA, Tom Tamatoa

5. TUKUITOGA, Itzy Freda Lauaki

 

TUAPA                      1. IKITULE, Hale

2. MOKALEI, Halafoou

3. AI’NUU, Mona

4. MANETOA, John Barrick

5. IKIHELE, Kulupatau

 

The remaining 3 villages of: Hikutavake, Alofi South and Avatele would be holding Village Council Elections on the 22^nd August 2009.

 

 

VILLAGE COUNCIL ELECTIONS: 22^nd August 2009

 

The elections proceeded smoothly without any mishaps the results are as follows:

 

Hikutavake

 

4 seats being contested

Electoral roll                                        43 Electors

Total Ballots                                        24

Invalid Ballots                                                1

 

Candidate	votes
1. MATAKAPEA, Martin	15
2. MATAKAPEA, Doreen	15
3. TAGALOAILUGA, Herman	13
4. TAHEGA, Niutaha	13
5. HIPA, Ian McKenzie	10
6. TOGIAKONA, Sione Laponi	9
7. TOGIAKONA, Pamela	9
8. LAGALOGA, Masiniholo	4
Total Votes cast	88

 

Alofi South

 

5 seats being contested

Electoral roll                                        256 Electors

Total Ballots                                        104

Invalid Ballots                                                0

 

Candidate	votes
1. VILIAMU, Dimitry	100
2. LITAIO, Poe Niue	94
3. NEMAIA, Judy	92
4. HEKAU, Robin	85
5. KAUFITI, Puakina	63
6. SIONEHOLO, Losana	54
Total Votes cast	488

 

Avatele

 

5 seats being contested

Electoral roll                                        90 Electors

Total Ballots                                        67

Invalid Ballots                                                1                     

 

Candidate	votes
1. TUKUTAMA, Duane Carlos	50
2. IKIMOTU, Kanetoni	46
3. NOSA, Manila	45
4. TIAKIA, Ataleo	43
5. LAUFOLI, Emeline	36
6. IKIUA, Oswin	35
7. SANETELI, Willie	25
8. MAKAIA, Hinemoa	18
9. HAKEAGAIKI, Makea	17
10. PAVIHI, Roy Lee	15
Total Votes cast	330

 

 

 

Analysis

 

The election preparation and implementation process proceeded smoothly without any major difficulties encountered by the Department. The success of the election is attributed to the Department staff who are well versed with the procedures and requirements. There were a very low number of invalid ballots.

 

However it is noted that the turn out for Alofi South was quite low with only 104 ballots cast from an electoral roll of 250, it was noted that approximately 70 persons were overseas with the remainder choosing not to vote. A similar trend was apparent in Avatele and Hikutavake with a between 40-60% turn out of voters for all three villages.

 

There is some issue regarding the compilation of the electoral rolls in terms of the removal of a name from the roll after a three year absence. It is noted that some individuals are returning for short periods within the three year term and therefore retaining their eligibility to remain on the roll. It is proposed that the determination of a person who is resident in Niue needs to be strengthened so that incidents as described can be done away with. It is unfair to allow those who are predominantly resident in New Zealand to subvert the intention of the Niue Assembly Act 1966 by extending their eligibility to remain on the role by making a short one week visit to Niue.

 

Financial Account

 

Village Council Elections       Account: 27010450                $10,000.00

 

Item	Details	Amount
Fuel	2 vehicles	$287.00
Stationary		$225.00
Office equipment supplies	Toner for printer	$176.00
Allowances	10 Staff	$1,700.00
Consumables		$435.71
TOTAL		$2,824.56

 

It is proposed that a Village Council by election will be held in December 09 to attempt to address the shortfall in numbers for some of the Village Councils’.

 

Conclusion

 

The Village Council elections for 2009 were conducted with out any major mishap or problems. No petitions have been filed in regard to the results derived from the Election.

 

 

Justin Kamupala

Secretary to Justice

16 September 2009

 

 

 

ATTACHMENT B

 

GOVERNMENT OF NIUE

Department of Justice, Lands and Survey

PO Box 75, Alofi, NIUE   Telephone: (683) 4127, Facsimile: (683) 4231 or 4010                        

 

ACQUITTAL REPORT: VILLAGE COUNCIL BY-ELECTIONS:

20^th March 2010

 

INTRODUCTION

 

The date for the 2010 Village Council Elections was determined to be held on the 20^th March 2010.

 

NOMINATIONS

 

Notices seeking the nomination of candidates was Gazetted on the 15^th February 2010 this also called for those who have become eligible to become electors, to be registered.

 

The date for closure of nominations was at 12.00 noon on the 5^th March 2010. At the close of nominations the following persons had been nominated as candidates:

 

TAMAKAUTOGA (1 Seat vacant)

1. FUNAKI, Lomesi

 

VAIEA (1 Seat vacant)

1. TALAITI, Merry M

 

LIKU (1 Seat vacant)

1. KAIUHA, Niumaka

2. MUA, Insurane

 

NAMUKULU (1 Seat vacant)

nil

 

MAKEFU (3 Seats vacant)

1. POIHEGA, Etaena

2. TALAGI, Noel

3. TOGIA, Saimone

4. TOHOVAKA, Gean Charlie

 

 

 

ALOFI NORTH (2 Seats vacant)

1. TAFATU-HIPA, Roz

2. TANO, Alan