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Niue Department of Justice Annual Report 2011-2012

GOVERNMENT OF NIUE

Department of Justice, Lands and Survey

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

Email: justiceoffice.staff@mail.gov.nu               

ANNUAL REPORT

 2011-2012

Foreword [pdf]

Introduction 

The Department was deeply saddened to learn of the passing of Mrs. Alana Tauetau Utalo on the 28^th March 2012. Mrs. Utalo had been on medical referral in New Zealand for approximately two years. Mrs. Utalo was a long serving and integral component of the High Court Criminal Division, and she will be sorely missed.  

Traditionally the majority of the work of the Department revolves primarily around the administration of the Niue High Court and Court of Appeal and the Titling of Niuean land. However it is believed that taking such a limited approach limits the benefits that Department can derive for society in general.  

The Department has identified certain areas that need attention and an advocate to pursue and resolve these issues such as the CHOBS initiative, findings of the Coroner’s court and legislative reform in the areas of Mental health, Family law, Criminal law, Land law, the Judicature and General Elections legislation. 

The Department has initiated some of this work and that it hopes to further this work in the financial year 2012/2013. It is envisaged that such work will increase the profile and relevance of the Department as an integral component in supporting the judicial arm of Government. 

The public service transformation process poses many benefits but also many challenges for the Department to address. The process will provide opportunities for the Department to reflect on current practices and procedures to determine the appropriateness and whether or not there should be an amendment to such practices. 

The major events conducted by the Department over the 2011-2012 were as follows: 

a)      Convening of the Niue High Court and Court of Appeal in March 2012, the last sitting was three years previously and it is believed appropriate that there needs to more regular sittings of the Court of Appeal. An interval of three years is believed to be appropriate at this time given the number of cases that are lodged. 

b)      The conducting of the 2012 Toi Village Constituency By- Election on the 31^st March 2012. The acquittal report for this By- Election was submitted to Cabinet on the 5^th April 2012. 

c)      The on going participation in regional initiatives such as the POA (Pacific Ombudsman Alliance), PIANZEA (Pacific Island Australian, New Zealand Electoral Association) and staff participation at PJDP (Pacific Judicial Development Program), training workshops and regional meetings. 

d)     Staff attachment to the Maori Land Court Registry funded through the PDJP  

e)      The continuing efforts by the Department to implement and report on the progress of implementing the Niue National Strategic Plan such as the implementation of the Complaints Handling Ombudsman Backed Service (CHOBS) which commenced in February 2010 and ongoing Pacific Plan reporting requirements. 

Background 

Staffing issues 

The Department currently comprises of a total number of 20 Staff who are divided between the 4 Divisions. The Department remains housed in two residential premises at Fonuakula, Alofi. There are currently 2 staff undertaking training overseas (both are undertaking the Niue Government reverse scholarship). 

Corporate Structure

Department 2011/2012 Budget: 

In comparison to the 2010/2011 annual allocation there was a minor increase of $2,000.00 in proposed overall expenditure and a decrease in revenue expectation by $8,000.00 this was due to a more realistic estimate in revenue generation.   

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 $25,985.00, this is comparative to previous year expenditure. It is also noted that within this under-spent amount, are contingency funds that are only utilized if and when required i.e. By election contingency, annual allowance for Chief Justice etc. 

Revenue was above forecast by $19,898.00  for the year, which is a positive reflection of efforts to date. However it is noted that revenue derived is subject to fluctuations dependent on demand. 

The outstanding rental issue of the Niue Noni sublease for Vaiea farm remains an issue that needs to be resolved with the Government. 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, personnel and employment issues, 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. Peaufa.   

The Revenue expectation estimate for 2011/012 was $15,000.00  actual revenue derived for the period was $12,939.00  

This revenue was derived largely from the issue Births, Deaths or Marriage Certificates and other miscellaneous fee and charges over the 2011-12 period which is a decrease from last year.  As noted the remaining revenue being derived from other miscellaneous costs and fees i.e. Marquee hire and the 5% land lease administration fees, charged by the Department. 

This Division also provides key logistical support for the running of General Elections, Village Council Elections and By-Elections.

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 currently assisted by Miss Liliokalani Laufoli who has been providing this support role in the absence of Mrs. Tauetau Utalo.  

The vacancy created by the passing of Mrs. Tauetau Utalo has not been filled at this time however the matter has been brought to the attention of the Niue Public Service and steps are being taken to address the issue. 

The Revenue expectation estimate for 2011/012 was $10,000.00  actual revenue derived for the period was $9,944.00. Revenue being derived mostly from Court imposed fines and application costs.  

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. 

The Division has been fundamental in the establishment and the running of the CHOBS Trial which was implemented in February 2010.  

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

The Division launched the code of conduct for judicial officers in March 2012. This coincided with the sitting of the Niue Court of Appeal. 

That the Niue Court of Appeal has been required to convene on two different occasions in New Zealand to deal with certain issues relevant to the July 2012 Court hearings. Fortunately the New Zealand Maori Land Court has provided technical and logistical support for this which reduced to costs of this exercise considerably. 

Further training opportunities were provided by the PJDP throughout the year that Department staff and judicial officers were able to take advantage of. However this did raise certain concerns regarding the allowances provided to judicial officers attending such forum. 

That further assistance of the PJDP in conjunction with Mr. Tohovaka has compiled the Land Court Commissioner Bench Book of which 45 copies have been printed and are awaiting the subsequent appointment of the new Land Commissioners.   

The Department would like to recommend that Government consider making certain provisions within the annual allocation to provide for a living/transit allowance for judicial officers attending training overseas. 

a)         Criminal Court stats 

b)         Civil Court stats 

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 and Mrs. Ketalina Tahikona. This also includes the Genealogy unit comprising of Miss Goretti Poumale and Miss Liliokalani Laufoli. 

Over the 2011 - 2012 period the Niue Land Court dealt with a number of cases however at the writing of this report no information has been received from this division as to the number of cases submitted.  

It is suffice to say that cases were submitted to the November 2011 sitting, March 2012 and a few cases at the July 2012 sitting of the Niue High Court. These court sittings were held over a one week period respectively. As noted the last sitting of the Court was in July 2012 with Judge Craig Coxshead presiding however proceedings in the Criminal Court took precedence at those hearings.   

The major concern for this Division is in terms of capacity within the Division. The limitations in terms of any formal qualification within the division highlights the need for staff to be multi skilled in terms of the different steps in the land titling process so that staff shortages can be addressed on a short term or on a needs basis.  

This can also have a positive effect in terms of long term career development and other employment opportunities within the Department and possibly throughout the Public Service. 

Genealogy unit 

This unit is staffed by Miss. Goretti Poumale and Miss Liliokalani Laufoli. The duties of this unit, is to assist individuals and families seeking access to genealogical information relevant to them that is held by the Department. 

The unit is also responsible for reviewing, cross referencing and entering any previously unrecorded information that the particular Magafaoa would like to have entered to their genealogical records. Any new information to be added to the Database must be verified with the submission of original documents. 

However due to staff shortages in other divisions of the Department these two staff have been required to assist other Divisions of the Department from time to time. 

The unit derived $1,482.80 from requests received during the course of the year this somewhat below than what was received last financial year but it is subject to fluctuations in demand.

 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 headed by Senior Surveyor Mr. Hubert Kalauni and the other being the land registration division headed by Mrs. Joanna Tauati.  

The surveying aspect of the work is self explanatory and requires that the division is staffed by appropriately qualified personnel. The formal registration is in the compilation of the documentation that is required in the 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 the number of qualified surveyor within the Department remains limited. Steps have been taken to attempt to address the issue in the Department Human Resources Plan. 

The Division, in particular Mr. Hubert Kalauni, Senior Surveyor has also been providing key technical advice in supporting the Crown Law Office in the finalization of a treaty for the establishment of the maritime boundary of Niue and the Cook Islands. It is expected that this treaty will be signed by the Premier in the Cook Islands at the 2012 Pacific Island Leaders Meeting.  

The Department is grateful to the Niue Public Service Commission for taking into consideration the issues relating to the remuneration of senior chainman Mr. Danny Panama and Survey Cadet Mr. Tofuatose Puletama, who have exercised the ability to conduct or assist with the completing a final survey.     

a)         Surveying 

The trend over the last three years indicates that the area of land that has undergone the final survey process and formal registration has increased again this year. This is despite the difficulties that arose during the year attributed to mechanical problems with the Department vehicles.

The land survey division for much of the 2011-2012 period functioned with the use of 2 vehicles. These vehicles are subjected daily to heavy usage and often in very rough terrain this gives rise to considerable wear and tear. The Department spent approximately $4,000 in 2011-2012 to maintain one of the survey vehicles while the other after extensive repairs was written off due to an electrical fire which caused substantial damage considered too expensive to repair.

The Department is currently in discussion with the Niue Police to purchase one of their vehicles with funding from the 2012-2013 asset maintenance allocation as an interim measure to alleviate the short term need for a vehicle.

The Department needs to acquire at least 1 late model 4x wheel drive vehicle in the 2013-2014 financial year to ensure that the Department program of work is not compromised.    

It is also noted that the Division is responsible for the Government marquee or tent. This entails the storage, delivery, set up and dismantling of the marquee when needed by the Village Councils and the general public. In order to offset the cost of vehicle hire required to move the marquee the Department charges a fee of $200.00 per hire. During the year there were 30+ bookings for the use of these tents. At times given the demand the set up and dismantling of these tents can be quite time consuming.  

As mentioned in previous years the outstanding backlog of work is a concern that the Department is endeavoring to address. The following table indicates the progress that has been achieved over the last thee years.

b)         Registrations  

These statistics are in relation to the formal documentation completed and finalized as per the relevant land registration process.  

This work is undertaken by Mrs. Joanna Tauasi and it is noted that the position of Properties Officer who is the assistant to Mrs. Tauasi in conducting this work remains vacant.  

At the writing of this report Mrs. Tauasi is currently on a leave of absence on LWOP and it is uncertain if she will return to work. This has created problems for the registration of instruments and there is a need to find a suitable replacement. 

Given the difficulties faced by the Department of finding a suitably qualified candidate to fill the position of Properties Officer it is determined better to down grade the role and merge the position with the role of the Registrations Officer. This process is being undertaken by the Department with the NPSC so that rather than 2 positions to fill we would only need to find 1 candidate. 

Niue National Strategic Plan 2009-2013:   

The Department is tasked with meeting certain targets as stipulated in the Niue National Strategic Plan which are annexed to this report for reference.  

For the 2011-2012 financial year the Department has endeavored to address all the strategic objectives as identified by the NNSP that come within the responsibility of the Department. The re-occurring theme of limited resource and capacity continue to cause problems. 

The Department has initiated steps to determine certain initiatives as key performance indicators for the next 5 year NNSP term.  

2011 -2012 Targets 

The Department set a number of targets that it endeavored to meet but was unsuccessful for the following reasons. 

a)      Expansion to the Huihui Crown Land subdivisions:- Government policy direction to refrain from further expansion of these sites in order to encourage development in the other villages. 

b)      Develop, implement and maintain a register of Niuean land that the owners thereof would like to lease to potential investors: - limited staff numbers made it difficult for the department to implement this initiative however it understood there is a private sector provider is now providing such services. 

c)      Employment of the following staff: Properties Officer, Draughtsman/ Survey Cadet: - Due to the difficulties of finding an appropriately qualified candidate the Properties Officer position will be downgraded and merged with the Registration Officer position it is envisaged that a the new position will be advertised in year 2012-2013. The Department has not advertised for a Draughtsman/Survey Cadet at this time. 

2012-2013 Targets 

The Department has a number of issues that it would like to achieve within the next twelve months which are additional to the day to day operations of the Department and targets as indicated by the NNSP which are as follows:- 

- 2012 Village Council Elections;

- The drafting and submission of a Family Law Bill to the Niue Assembly;

- To complete the restructure of the Department as per the recommendations of the NPSC in the Government transformation process;

- To acquire a vehicle for the Land Survey Division to replace the vehicle lost by fire and to seek a further vehicle to replace the current Mitsubishi van.

 Conclusion 

This report endeavors to encapsulate all the work that has been undertaken by the Department during the course of the year.  

The running of the March sitting of the Court of Appeal in Niue and the 2011 General Election were the significant exercises undertaken by the Department within the relevant period of which the acquittal report has been submitted to Cabinet. 

Justin Kamupala
Secretary to Justice

ATTACHMENTS 

Niue Integrated Strategic Plan 2009-2013: 

The Department is tasked with meeting certain targets as stipulated in the Niue Integrated Strategic Plan which are as follows:

Governance: 

Ensure that Good governance reflects the principals of transparency and accountability and is practiced at all levels. 

Economic Development: 

Maximize Niue’s benefits from resources in a sustainable manner focusing on private sector development, targeting Tourism, Agriculture and fisheries supported by safe, reliable and affordable healthy infrastructure.