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Papua New Guinea Law Reform Commission |
LAW REFORM COMMISSION
OF PAPUA NEW GUINEA
REPORT ON ABOLITION OF NATIVE REGULATIONS
REPORT NO.2
OCTOBER 1975
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The Law Reform Commission of Papua New Guinea was established by the Law Reform Commission Act 1975 and began functioning in May 1975.
The Commissioners are -
Bernard Narokobi, Chairman
Francis Iramu, Deputy Chairman
Charles Lepani
Meg Taylor
Nahau Rooney
Nicholas O’Neill is Secretary to the Commission.
The Commission’s office is on the ground floor of the Development Bank Building in Waigani.
The postal address of the Commission is -
Law Reform Commission,
P.O. Wards Strip,
Papua New Guinea.
Telephone: 258755/258941
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10th October 1975
The Honourable N. Ebia Olewale, M.P.,
Minister for Justice.
Sir,
In your reference to us dated the 10th June 1975, you asked us to enquire into and report to you as soon as possible on how to effect the repeal of the Native Regulations of Papua and the Native Administration Regulations of New Guinea.
In this report we recommend the repeal of all of these regulations except those dealing with adultery and those dealing with will-making and succession to property. We will make recommendations as to those regulations at a later date.
Yours faithfully,
Bernard Narokobi , Chairnlan
Francis Iramu, Deputy Chairman
Charles Lepani
Meg Taylor
Nahau Rooney
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PREFACE
On the 10th June 1975 the Minister for Justice issued the Commission with the following reference –
"I, N. Ebia Olewale, M-H-A-, Minister for Justice, by virtue of the powers conferred on me by Section 9 of the Law Reform Commission Act 1975 and all other powers me enabling, refer the following matter to the Law Reform Commission for enquiry and report:
Having regard to
(a) the fact that the Native Regulations (Papua) and the Native Administration Regulations (New Guinea) were introduced into the legal system of our country in the colonial days before World War II, and
(b) that since then society in our country has changed and developed in many ways that have rendered the Native Regulations (Papua) and the Native Administration Regulations (New Guinea) unnecessary and obsolete, and
(c) the fact that the Native Regulations (Papua) and the Native Administration Regulations (New Guinea) are discriminatory in that they apply only to the "natives" of this country,
Enquire into and report to me as soon as possible on what changes to other laws of our country are required in order to allow the Native Regulations (Papua) and the Native Administration Regulations (New Guinea) and their head acts, the Native Regulations Act (Papua) and the Native Administration Regulations Act (New Guinea) to be repealed.
In response to the Minister's request for a report on this reference as soon as possible, the Commission issued a working paper on the abolition of the Native Regulations on 18th August 1975. The working paper dealt with all the regulations except those relating to adultery, will-making and succession to property.
The working paper was sent to all Ministers and departmental heads, the judges, all full-time magistrates, senior government lawyers, all district commissioners, the Law Society, members of the UPNG Faculty of Law, persons responsible for magistrate training, church leaders and other people known to have an interest in law reform. Interested members of the public were invited to obtain copies of the working paper from the Commission and many did so.
We wish to thank the following for their submissions and very considerable assistance -
Mr. Justice Saldanha.
Mr. P. Bouraga - Secretary, Prime Minister" Department.
Dr. A. Toua - Director-General of Health
Mr M. M Helai - Acting Secretary, Department of the Interior
Mr. R. K. Woods - Acting Assistant Secretary for Law (Executive) Department of Law.
Mr. E. Jubilee - Resident Magistrate, Rabaul.
Mr L. J. Asimba - Local Court Magistrate, Tapini.
Mr. S. B, Saga - Local Court Magistrate, Port Moresby.
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CHAPTER 1 INTRODUCTION
The Native Regulations had their genesis in Papua when it was a protectorate of the British Crown between 1884 and 1889. The first formal regulations were made by the Native Regulation Board set up by Sir William MacGregor in 1889 and a system of Village Constables was begun under these regulations in 1892.
The regulations which presently operate in Papua were made under the Native Regulation Act which was passed in 1908, the year before Sir Hubert Murray became Lieutenant Governor of Papua, but when he was Acting Administrator. The Act has been amended many times, the last time in 1963.
The Native Administration Regulations of New Guinea are largely a copy of the Papuan Regulations. They were made under the Native Administration Act which was passed in 1921 and amended many times up to 1963.
Both sets of regulations were designed to set out a comprehensive system of law applicable to Papua New Guineans only. Whilst other aspects of the general law such as the Criminal Code, also applied to Papua New Guineans, the regulations dealt with most of the matters with legal consequences which affected them. For example the regulations provided for the appointment of village constables and luluias, kukurais and tultuls; marriage and divorce; succession to property; and health and census matters. More importantly they set up special courts with both civil and criminal jurisdiction over Papua New Guineans only. These were the Courts of Native Matters in Papua and the Courts of Native Affairs in New Guinea. Finally, the regulations set out a series of minor or summary offences which could be prosecuted in those Courts. Amongst these offences were adultery, sorcery and stealing.
The regulations had their heyday prior to World War II and in the immediate post-war period. In 1963 the Courts of Native Matters and Courts of Native Affairs were abolished. In 1969 there was a further pruning of regulations which were either replaced or covered by the law applicable to everyone in Papua New Guinea and not just "natives".
In this report we would have liked to have recommended that all the regulations and their head Acts be repealed. Unfortunately we are unable to do this. The question of adultery requires careful consideration. We are making it the subject of a separate working paper and report.
The regulations relating to will-making and succession to property are being considered by us under the reference which requires us to recommend a new law on succession and associated questions for our country.
CHAPTER 2 RECOMMENDATION DISCUSSION
The idea that there should be a relatively comprehensive and certainly coercive system of law applicable only to Papua New Guineans
may have been justified in the early stages of the colonial era. Later colonial administrators realized that it was no longer appropriate
and began to phase it out. Now only the vestiges are left, Most of them are never used but if they are used they are harsh and unfair.
It is totally inconsistent with out country's independence and its constitution to have laws which discriminate in a negative way
against most of our citizens, and which do not affect some citizens and most non-citizens.
We therefore make the following recommendation -
Recommendation
THAT THE NATIONAL EXECUTIVE COUNCIL ADVISE THE HEAD OF STATE TO REPEAL ALL THE NATIVE REGULATIONS OF PAPUA AND THE NATIVE ADMINISTRATION REGULATIONS OF NEW GUINEA EXCEPT THOSE DEALING WITH ADULTERY, WILL-MAKING AND SUCCESSION TO PROPERTY
This recommendation is supported by the Prime Minister himself, his department and others who commented on our working
The regulations that we recommend for repeal are set out in the Appendix.
A. Absent from Tribal Area
Regulation 75 of Papua and Regulation 79B of New Guinea deal with this matter. They were designed for the days before there were many roads and regular airline services and Papua New Guineans did not move around the country very often. These regulations are rarely used and are not in force in all the towns of Papua New Guinea. Furthermore, they are almost certainly unconstitutional as they offend against the constitutional right of freedom of movement.
B. Restricted Areas
Regulation 75A of Papua and Regulation 116 of New Guinea deal with this matter. They were designed for the days when many areas of Papua New Guinea were not under Government control and it was dangerous for outsiders, particularly Papua New Guineans to go into them. As they are not relevant to present conditions in Papua New Guinea they have fallen into disuse. Government policies of development will make the need to use them again in the future even more unlikely.
C. Illegal Cults
Regulation 81 of Papua deals with this matter. There is no equivalent provision in New Guinea. This regulation is never used as it is impossible to define the nature of a cult for the purposes of the regulation. Attempts to use this regulation against cargo cults some years ago were unsuccessful.
D. Illegal sing-sings
Regulation 80F of New Guinea deals with this matter. There is no equivalent provision in Papua, This regulation was aimed against illegal cults. It appears to have been used only twice, once to outlaw attendance at Bagina sing-sing in the Madang District in 1947 and once in the New Britain District in 1955. It has no further use.
E. Careless Use of Fire
Regulation 91 of Papua and Regulations 106-109 of New Guinea deal with the careless use of fire.
Section 30 of the Fire Services Act 1962-1968 provides for a person to recover compensation for damage caused by careless use of fire and section 450 of the uniform Criminal Code makes it an indictable offence to set fire to crops and growing plants.
In our Report on Summary Offences we have recommended that a new offence of negligent use of fire be created. This is found in clause 48 of the Summary Offences Bill.
F. Clothing in Towns
Regulation 96 of Papua deals with this matter. There is no equivalent provision in New Guinea. This regulation will no longer be required if our Summary Offences Bill, in particular clause 23, is passed by the National Parliament.
G. Burying in Villages
Regulation 100 of Papua and Regulation 102 of New Guinea make it an offence to bury a corpse in a village. The matter is now covered by section 23 of the Cemeteries Act.
H. Census
Regulations 101A – 101C of Papua and Regulations 113 – 115 of New Guinea deal with census-taking. These regulations have been effectively replaced by the Census Act 1966, section 20 in particular.
I. Regulations Dealing with Health Matters
Regulations 112 and 115 of Papua and 112A to 112D of New Guinea deal with these matters. Regulation 112 of Papua has never been used. The Director-General of Health has advised us that his Department now uses health extension techniques rather than coercion to encourage the people to use the health services provided by the Government.
If stronger measures are necessary, Regulation 3(o) of the Village Courts Regulation makes it an offence for a person to fail to comply with the direction of a Village Court magistrate with regard to hygiene or cleanliness within the Village Court area,
J. Failure to Assist a District Officer
Regulation 117 of New Guinea deals with this matter. There is no equivalent provision in Papua, This regulation is out of date. Police are now used to carry out the arrests referred to in the regulation and it is no longer appropriate for district administration personnel to give orders of the nature envisaged by the regulation.
K. Planting Crops etc. for Famine Prevention
Regulation 121 of Papua and Regulation 79A of New Guinea deal with this matter. It appears that since World War II the Papuan regulation has been used once in 1952, and that the New Guinean regulation has not been used at all. Where coaxing people to take precautions against possible famine has failed, coercion is unlikely to succeed.
L. Disobeying Orders
Regulation 130 of Papua and Regulations 118 - 119 of New Guinea deal with this matter. If all of the other regulations authorising people to give orders, as we recommend, are repealed these regulations will no longer be required.
M. Appointment and Duties of Village Officials
Regulation 155 of Papua deals with the appointment and duties of village constables. Regulations 120 - 123 of New Guinea deal with the appointment of luluais, kukurais and medical tultuls.
The Director-General of Health has advised us that medical tultuls are no longer appointed as his Department has introduced other ways of bringing health services to the village people.
Village constables are no longer appointed in Papua, but those who were appointed years ago are still being paid. It would be contrary to the policy behind the Village Court Act to appoint more village constables. However, if Regulation 155 of Papua was repealed, it would still be possible to make payments to former village constables.
In New Guinea the use of luluais (and medical tultuls) was phased out when local government councils were introduced. However, luluais are still appointed in areas where there are no councils.
Luluais rarely use their arrest powers. In some areas, police are available for making arrests. When the village court system begins operating throughout Papua New Guinea, village peace officers will be responsible for peace keeping at the village level.
The Minister for Justice has asked the Commission to report to him as soon as possible on new legislation to deal with arrests, searches and bail. It is likely that the arrest powers of luluais in New Guinea and village constables in Papua will be in conflict with the new arrest powers.
For these reasons, it would seem appropriate to withdraw the arrest powers of luluais and village constables. The main task of these men is to act as government agents in villages. If all regulations relating to luluais and village constables were abolished it would still be possible for the government to appoint people to act as its agents in the villages and to pay them. The only change would be that the agents could not give orders which it would be an offence to disobey. Such sanctions are rarely used these days and it is, furthermore, against the thrust of Government policy to have its representatives use coercion at village level.
APPENDIX
REGULATIONS RECOMMENDED FOR REPEAL
Absent from Tribal Area
Regulation 75 of Papua states –
(2) A foreign Native who does not give a good account of his means of support to the satisfaction of a Court, when called upon to do so, may be ordered by the Court to return to his tribal area within such time as to the Court may reasonable.
(3) A foreign Native who refuses or neglects to obey an order made under the last preceding sub-regulation shall on conviction be liable to imprisonment for a period not exceeding three months.
(4) Where a native against whom an order has been made under sub-regulation (2) of this regulation or who has served a sentence of imprisonment for refusing or neglecting to obey an order made under that sub-regulation -
(a) is in the place in respect of which the order was made within six months of the date of the order, or of his completion of the term of imprisonment, as the case may be; and
(b) does not give a good account of his means of support to a Court when called upon so to do; he shall on conviction be liable to imprisonment with hard labour for a period not exceeding six months.
(5) This regulation shall be in force and take effect in such places as the High Commissioner may by notice in the Gazette direct.
Regulation 79B of New Guinea is identical.
Restricted Areas
Regulation 75A of Papua states -
75A. (1) The administrator may, by notice in the Gazette declare an area specified the notice to be an area in which a Native, not being a Native born in the area, shall not reside except in a village or place in which there resides a non-Native who has immediate control over the Native.
(2) Notwithstanding the provisions of the last preceding sub-regulation, a District Officer authorized in writing by the High Commissioner so to do may grant a Native, not being a Native born in the area, upon such conditions and for such time as he thinks fit, a permit to reside in a village or place specified in the permit, in an area specified in a notice under the last preceding sub-regulation, notwithstanding that there is no non-Native residing in the village or place who has immediate control over that Native.
(3) A Native, not being a Native born in the area, who resides in an area specified in a notice under sub-regulation (1) of this regulation, except as provided in, or authorized by a permit granted to him under the last preceding sub-regulation, is guilty of an offence.
Penalty: Five pounds or imprisonment for six months.
(4) A Native, not being a Native born in the area, who enters a village in an area specified in a notice under sub-regulation (1) of this regulation, other than the village in which he resides or a village specified in a permit granted to him under sub-regulation (2) of this regulation, unless in the company of a non-Native who has immediate control over him, is guilty of an offence.
Penalty: Five pounds or imprisonment for six months.
(5) A permit granted under sub-regulation (2) of this regulation shall be in writing and shall be endorsed with the conditions (if any) upon which it is granted.
(6) A District Officer may at any time cancel a permit granted under sub-regulation (2) of this regulation by notice in writing to the Native to whom it was granted.
Regulation 116 of New Guinea states -
Penalty: Three pounds or imprisonment for six months, or both.
Illegal Cults
Regulation 81 of Papua states -
(2) Any person who –
(a) joins in or is concerned either by pretence or otherwise or takes part in the celebration of any custom or practice of an illegal cult; or
(b) directly or indirectly assists or encourages or facilitates the celebration or any custom or practice of an illegal cult; or
(c) any person who prepares or possesses any charm or other object used or intended for use in connection with an illegal cult,
shall be guilty of an offence against these regulations and liable on conviction to imprisonment with hard labour for any period not exceeding six months,.
(3) The Court may confiscate any charm or object used or reasonably suspected of having been used for the purposes of an illegal cult.
There is no equivalent provision in New Guinea.
Illegal Sing-sings
Regulation 80F of New Guinea states -
80F. The Administrator may by notice in the New Guinea Gazette direct that natives in an area specified in the notice shall not attend or take part in a sing-sing of the kind or nature described in the notice.
There is no equivalent provision in Papua.
Careless Use of Fire
Regulation 91 of Papua states -
91. (1) If any native –
(a) desiring to set on fire any portion of his own land does so without first obtaining the permission of a District Commissioner. Assistant District Officer or Patrol Officer; or
(b) having the right to set fire to any piece of country for hunting purposes does so without first obtaining the permission of a District Commissioner, Assistant District Officer or Patrol Officer; or
(c) through careless use of fire sets on fire any portion of the country that is not his own land, or any property that is not his own, whether the fire began on his own land, or on his own property or elsewhere; or
(d) not having the right to set a piece of country on fire for hunting purposes sets fire to such country, he shall on conviction be liable to a fine not exceeding Three pounds or in default of payment to imprisonment for any period not exceeding six months or to imprisonment in the first instance for any period not exceeding six months.
(2) Any Native who has the right to set fire to any piece of country for hunting purposes shall give to all persons whose property is likely to be imperilled by such fire notice of his application for permission to do so. Any person whose property is likely to be imperilled may protest against the setting on fire of the aforesaid piece of country to the District Commissioner, Assistant District Officer or Patrol Officer as the case may be to whom the native has made his application for permission. If any native fails to give such notice he shall on conviction be liable to a fine not exceeding Three pounds or in default of payment to imprisonment for any period not exceeding six months, or to imprisonment in the first instance for any period not exceeding six months.
(3) Any Magistrate or Village Constable may order any person to remove or otherwise dispose of any inflammable materials which may be on any space adjoining a village, house, garden, plantation or other improved plot of ground as a protection against fire. Any Native disobeying such order shall on conviction be liable to a fine not exceeding ten shillings or in default of payment to imprisonment for any period not exceeding one month, or to imprisonment in the first instance for any period not exceeding one month.
Regulations 106 to 109 of New Guinea state -
106. If any native:-
(a) desiring to set on fire any portion of his own land does so without first obtaining the permission of a District Commissioner, Assistant District Officer or Patrol Officer; or
(b) having the tribal right to set fire to any piece of country for hunting purposes does so without first obtaining the permission of a District Commissioner, Assistant District Officer or Patrol Officer; or
(c) through careless use of fire sets on fire any portion of the country that is not his own land or any property that is not his own whether the fire began on his own land or his own property, or elsewhere; or
(d) not having the tribal right to set a piece of country on fire for hunting, sets fire to such country, he shall be guilty of an offence.
Penalty: Three pounds or imprisonment for six months, or both.
Penalty: Two pounds or imprisonment for four months, or both.
Penalty: Three pounds or imprisonment for six months, or both.
Penalty: Ten shillings or imprisonment for one month, or both.
Clothing in Towns
Regulation 96 of Papua states –
There is no equivalent provision in New Guinea.
Burying in Villages
Regulation 100 of Papua states –
(2) The Chief or the Village Constable or the Magistrate will select a suitable site for the burial ground of each village and this regulation cannot be enforced until this is done. Every burial ground shall be marked out by ornamental trees and shrubs and it is the duty of the Village Constable to see that this is done, and if any person buries a body in an occupied village after a burial ground has been selected the Magistrate may order the body to be removed and taken to the burying ground.
(3) The Magistrate may set apart separate portions of any site so selected as a burial ground for the burial of natives of different religious denominations.
(4) The Ministers of any religious denomination for which any portion of the burial ground has been specially set apart by the Magistrate shall have free access to such portion and may freely exercise their religious functions therein without disturbance by any native whomsoever.
(5) Any native who at any time directly or indirectly interferes with the performance of any religious ceremony in the burial of the dead according to the usage of the religious denomination to which the deceased native belonged shall be liable on conviction to a fine not exceeding Four pounds or in default of payment of such fine to imprisonment for any period not exceeding Four months, or to imprisonment in the first instance for any period not exceeding Four months.
Regulation 102 of New Guinea states –
Penalty: Three pounds or imprisonment for six months, or both.
(2) Where it is according to native custom, the dead body of a native may be burned in an occupied village.
(3) A District Officer or patrol officer shall mark out a suitable site for a burial ground for each village, which shall be kept clear and free of weeds by the natives of such village. Any native who buries the dead body of a native in a place other than a burial place so marked out shall be guilty of an offence.
Penalty: Two pounds or imprisonment for four months, or both.
(4) Where the dead body of a native has been buried in a place other than the burial place of a village a District Officer or a patrol officer or medical officer or medical assistant may order the chief of such village to exhume such body and have it buried in the burial place. Any native disobeying such an order shall be guilty of an offence,
Penalty: Two pounds or imprisonment for four months, or both
Census
Regulations l0lA to l0lC of Papua state -
103A. Any native who, after being ordered to appear by a District Officer or Patrol Officer or Village Constable to have his name recorded for the purposes of census taking fails to appear, shall be guilty of an offence and shall on conviction therefore be liable to a fine not exceeding One pound, or in default of payment of such fine to imprisonment for a period not exceeding two months, or to imprisonment in the first instance for any period not exceeding two months.
101B. Any native who induces a native to conceal himself, or conceals or attempts to conceal a native, with the object of preventing the recording of his name in the census shall be guilty of an offence and shall on conviction therefore be liable to a fine not exceeding One pound or in default of payment of such fine to imprisonment for a period not exceeding Two months, or to imprisonment in the first instance for any period not exceeding Two months.
101C. Any native who is the lawful guardian of a native child and who does not produce such child when ordered to do so by a District Officer or Patrol Officer or Village Constable to have such child’s name recorded for the purposes of census taking shall be guilty of an offence and shall on conviction therefore be liable to a fine not exceeding One pound, or in default of payment of such fine to imprisonment for a period not exceeding two months, or to imprisonment in the first instance for any period not exceeding two months.
Save for penalties, Regulations 113 to 115 of New Guinea are identical with 101A to 101C of Papua.
Regulations Dealing with Health Matters
Regulations 112 and 115 of Papua state –
(2) The said natives shall obey such order, and in default may be forcibly inoculated and shall be liable to a fine not exceeding Ten pounds or to imprisonment with or without hard labour for any period not exceeding Six months.
(2) If the father, mother or other person who by native custom has charge of the child, refuses or neglects to take the child to the Government Medical Officer or other suitable person, when ordered as aforesaid, the Magistrate or Constable may himself have the child taken to the Government Medical Officer or other suitable person and the father, mother or other person who has control over the child so refusing as aforesaid shall be liable on conviction to a fine not exceeding One pound or in default of payment to imprisonment for any period not exceeding Two months, or to imprisonment in the first instance for any period not exceeding Two months.
(3) This regulation shall be brought into force in such villages, districts or places only as the High Commissioner may from time to time by Order in Council published in the Gazette direct.
Regulations 112A to 112D of New Guinea state -
112A. (1) Every luluai or kukurai in charge of a village shall take all necessary steps to see that the village is kept clean and in a sanitary condition, and for that purpose may direct any native inhabitant of a village to keep clean his house or any part of the village allotted to him, and give such other orders and directions as he thinks necessary to keep the village clean and in a sanitary condition.
Penalty: Two pounds.
(2) Every luluai or kukurai in charge of a village shall take all necessary steps for the daily removal, destruction, or other disposal of refuse, garbage, and waste in the village, in such manner or by such means as he is, or may be, from time to time directed by a District Officer, patrol officer, medical officer or medical assistant, and may give such orders and directions to any native inhabitant of the village for that purpose as he thinks necessary.
Penalty: Two pounds.
112B. If any native house is, in the opinion of a District Officer, patrol officer, medical officer or medical assistant, in such an in sanitary condition or state of disrepair as to be incapable of being made sanitary or of being repaired, the District Officer, patrol officer, medical officer, or medical assistant may order the native inhabitant of the house to pull it down.
112C. Every luluai or kukurai in charge of a village shall -
(a) be responsible for the provision of an adequate water supply for the native inhabitants of the village by a method or means approved by a District Officer, patrol officer, medical officer, or medical assistant, and shall take or cause to be taken all necessary steps to ensure that the water supply is not fouled by animals or surface drainage; and
(b) when directed by a District Officer, patrol officer, medical officer, or medical assistant, cause the village to be provided with latrines of a type approved by, and in such numbers as are directed by, the District Officer, patrol officer, medical officer, or medical assistant.
112D (1) A medical officer or medical assistant, if he considers it necessary, may order the male native inhabitants of a village to carry out such drainage, ditching, filling, weeding and clearing, or to take such other measures, as, in the opinion of the medical officer or medical assistant, are required to prevent the breeding of mosquitoes.
(2) Where an order has been given under the last preceding sub-regulation, the luluai or kukurai in charge of the village, shall be responsible for seeing that the order is carried out, and for that purpose may give the male native inhabitants of the village such orders and directions as may be necessary.
Failure to Assist a District Officer
Regulation 117 of New Guinea states -
There is no equivalent provision in Papua.
Planting Crops etc. for Famine Prevention
Regulation 121 of Papua states -
(2) In any area declared by the High Commissioner under the provisions of Sub-regulation (1) a District Officer may order the Native residents in the area to plant food plants and crops and may fix the number of plants or crops or the area of land as the case may be that the Native residents of each village shall plant and may fix the number of plants or crops or the area of land as the case may be that each able-bodied male Native shall plant and cultivate.
(3) Any able-bodied male Native who has been ordered to plant and cultivate a certain number of plants or crops or a certain area of land by a District Officer and fails or neglects to do so shall be liable on conviction to a fine not exceeding Three pounds.
(4) Any Native who wilfully destroys or injures a plant or crop planted in accordance with the provisions of these Regulations shall be liable on conviction to a fine not exceeding Three pounds.
(5) Any plants or crops planted under the provisions of this regulation and the produce of such plants or crops shall be the property of the community or Native planting same.
Regulation 79A of New Guinea states -
79A. (1) The Administrator may by notice in the Gazette declare any part of the Territory to be an area liable to famine or a deficiency of food supplies,
(2) In any area declared by the Administrator under the provisions of Sub-regulation (1) a District Officer may order the native residents in the area to plant food plants and crops and may fix the number of plants or crops or the area of land as the case may be that the native residents of each village shall plant and may fix the number of plants or crops or the area of land as the case may be that each able-bodied male native shall plant and cultivate.
(3) Any able-bodied male native who has been ordered to plant and cultivate a certain number of plants or crow or a certain area of land by a District Officer and fails or neglects to do so shall be liable on conviction to a fine not exceeding three pounds.
(4) Any native who wilfully destroys or injures a plant or crop planted in accordance with the provisions of these Regulations shall he liable on conviction to a fine not exceeding Three pounds.
(5) Any plants or crops planted under the provisions of this regulation and the produce of such plants or crops shall be the property of the community or native planting same.
(6) Nothing in this regulation contained shall prevent the exercise of any power by a Native Local Government Council, but when the exercise of that power conflicts with an order or instruction given under this regulation in any particular case, that order or instruction shall prevail in that case.
Disobeying Orders
Regulation 130 of Papua states –
(2) A report giving particulars of every case dealt with under this regulation shall be forwarded to the Government Secretary by the Magistrate who adjudicated on the case.
Regulations 118 and 119 of New Guinea state –
Penalty: One pound or imprisonment for two months, or both.
Appointment and Duties of Village Officials
Regulation 155 of Papa states –
(2) The Village Constable shall deal justly and kindly with the people and shall always obey the lawful orders of the Government Secretary and the Magistrates. He shall not oppress the people. Any person or persons having reason to complain of any misconduct or wrongdoing on the part of a Village Constable may report him to the Magistrate, stating the subject matter of the complaint and it shall not be lawful for the Village Constable to prevent or hinder in any way whatever any person from going to the Magistrate to make a lawful complaint against such Village Constable.
(3) No Village Constable shall arrest any person unless he truly believes that such person has committed an offence against the law.
(4) If he arrests a person he must take him without delay to the nearest Magistrate for trial.
(5) If a Village Constable accepts a present or bribe to release a person he has arrested he shall on conviction be liable to a fine not exceeding Three pounds or in default of payment to imprisonment for any period not exceeding Six months, or to imprisonment in the first instance for any period not exceeding Six months.
(6) The High Commissioner will decide from time to time the amount of pay each Village Constable shall receive; each Village Constable will also be supplied with such uniforms and equipment as are necessary.
(7) If a Village Constable gives away or otherwise disposes of any part of his uniform or other Government property entrusted to his care he shall on conviction be liable to a penalty not exceeding Two pounds or in default of payment to imprisonment for any period not exceeding Four months, or to imprisonment in the first instance for any period not exceeding Four months.
(8) If any person is found in possession of any part of a Village Constable's uniform or any clothing closely resembling a Village Constable's uniform or representing himself to be a Village Constable he shall on conviction be liable to a penalty not exceeding Two pounds or in default of payment to imprisonment for any period not exceeding Four months.
(9) If a Village Constable arrests any person for any offence he may call upon any other Village Constable or any native to assist him in taking such person before a Magistrate and if necessary for that purpose to supply canoes and act as crew thereof. Remuneration for such assistance shall be subsequently made by the Magistrate at the rate for the time being fixed in the case of carriers under Regulation 127(6)(7). For the use of a canoe payment shall be similarly made at a rate not exceeding a rate fixed by the Lieutenant-Governor. If any Village Constable or any native refuses or neglects without justifiable excuse to comply with the requirements of the arresting Village Constable when so called upon he shall on conviction be liable to a penalty not exceeding Thirty shillings and in default of payment to imprisonment for any period not exceeding Three months, or to imprisonment in the first instance for any period not exceeding Three months.
(10) Village Constables are empowered to arrest offenders inside or outside the limits of their own districts.
(11) Any Village Constable wilfully disobeying a lawful order of the Government Secretary or a Magistrate or his superior officer, or wilfully neglecting to carry out any of the duties imposed upon him under these regulations, or under any other regulations hereafter made under the Native Regulation Ordinance 1908-1930, shall on conviction be liable to a penalty not exceeding One pound or in default of payment to imprisonment for any period not exceeding Two months, or to imprisonment in the first instance for any period not exceeding Two months.
(12) The powers and authorities conferred upon Village Constables by these or any further regulations made under the Native Regulation Ordinance 1908-1930, are also conferred upon native members of the Royal Papuan Constabulary.
Regulations 120 to 123 of New Guinea state –
(2) The Director of District Services and Native Affairs may appoint luluais and kukurais of specified portions of a district, and such luluais and kukurais shall have the chief authority in such specified portions of a district.
(3) Luluais and kukurais may arrest natives belonging to their tribes or villages whom they suspect to be guilty of wrong-doing or an offence, and shall bring them to the nearest court in the district, or before the district court, to be dealt with according to law.
(4) District Officers shall appoint such natives as they think proper to be tul-tuls of the tribes and villages.
(5) Tul-tuls shall act as the deputies of the luluais and kukurais of their tribes or villages, and shall be responsible that the orders and instructions of the luluais and kukurais are properly carried out.
(2) Medical tul-tuls shall be selected, trained, and recommended to the District Officer by a medical officer or a medical assistant before being eligible for appointment.
(3) A medical tul-tul shall act as medical orderly to the village or group to which he is appointed, and shall be responsible for giving effect to the orders and directions of a District Officer, patrol officer, medical officer, medical assistant, or patrol medical tul-tul with respect to the medical care and treatment of the native inhabitants of the village or group of villages.
Penalty: One pound.
(4) Medical tul-tuls shall report to the luluais or kukurais of their respective villages the names of any native inhabitants of the village requiring treatment or examination by a medical officer or medical assistant or in a hospital.
Penalty: One pound.
121A. (1) The Director of Public Health shall appoint such natives as he thinks proper to be patrol medical tul-tuls, shall, subject to the directions of the Director of Public Health, supervise the medical care and treatment of the native inhabitants of any group of villages to which they are appointed.
(2) The Director of Public Health may dismiss from office any patrol medical tul-tul for any reason which he thinks fit.
(2) A District Officer may suspend from office, for a period not exceeding six months, any luluai or kukurai on the grounds of misbehaviour or incapacity.
(3) A District Officer may dismiss from office any tul-tul or medical tul-tul on the ground of misbehaviour or incapacity.
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URL: http://www.paclii.org/pg/lawreform/PGLawRComm/1975/3.html