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Property Law Index

SAMOA

PROPERTY LAW

INDEX

The undermentioned New Zealand legislation (as provided by s. 7 of the Reprint of Statutes Act 1972) is in force in Western Samoa, in so far as it is relevant, as at the date of this Reprint. In the application of the enactments to Western Samoa, reference should be made to the provisions of the Existing Law Adjustment Ordinance 1961. The undermentioned provisions of the Samoa Act 1921 (N.Z.) are reprinted in full under the title of that Act in this Reprint.

Property Law Act 1952

Property Law Amendment Act 1953

Property Law Amendment Act 1957

Property Law Amendment Act 1959

Property Law Amendment Act 1961 (See also Samoa Act 1921, ss. 362, 367.)

See also the following enactments:

Administration Act 1975, ss. 14, 15 (vesting in administrator); s. 17 (2) (trustee's power of sale on intestacy; Part III (escheat and intestate succession)

Alienation of Customary Land Act 1965, s. 16 (no distress for rent)

Chattels Transfer Act 1975, s. 32 (instruments over growing crops, as against landlord or mortgagee); s. 37 (application to chattels of ss. 99 to 103 of Property Law Act 1952 (N.Z.))

Constitution of Western Samoa, Part IX and Article 123 (land classification and tenure)

Co-operative Societies Ordinance 1952, s. 14 (debt to Society as first charge on crops, implements, etc.)

General Laws Ordinance (No. 2) 1932 (overhanging coconut trees)

Income Tax Administration Act 1974, s. 84 (charge on property for income tax default)

Land Ordinance 1959, s. 19 (trigonometrical sites) and s. 63 (c) (rhinoceros beetle)

Limitation Act 1975, s. 13 (determination of tenancy at will or year to year) Partnership Act 1975, s. 23 (as between partners, land treated as personalty)

Public Trust Office Act 1975, ss. 32-34 (estate advances treated as mortgages); s. 84 (lost titles re unclaimed property); ss. 104, 105 (property inquired for by P.T.); ss. 111, 112 (P.T's tenancies); s. 117 (dealings by P.T. with himself); s. 118 (P.T. and adverse covenants); s. 125 (service of notices by P.T.)

Rhinoceros Beetle Ordinance 1954, s. 14 (inspector's right of entry, etc., on public and customary land)

Samoa Act 1921 (N.Z.), s. 362 (no distress for rent); s. 367 (leave to enforce securities against Samoans)

Samoan Land and Titles Protection Ordinance 1934, s. 84 (Secretary for justice may receive and hold money, property, etc., on behalf of any Samoan, and may exercise powers as those of Public Trustee)

Samoan Status Act 1963, s. 6 (eligibility to hold Matai title, and see below) Survey Ordinance 1961, Part II (subdivisions); s. 19 (removal of buildings erected contrary to conditions, etc.) and the following provisions in this Reprint regarding Matai titles For eligibility to hold a Matai title, see s. 6 Samoan Status Act 1963 For definition, duties, and registration of Matais, see Samoan Land and Titles Protection Amendment Act 1969 which amended Samoan Land and Titles Ordinance 1934

For Land and Titles Court, see Part VII of the Samoan Land and Titles Protection

Ordinance 1934, as amended by the Samoan Land and Titles Protection

Amendment Ordinance 1937: this Court decides disputes in respect of customary land law, which includes Matai titles

N.B.: The Commission set up under the Land Titles Investigation Act 1966 has no authority to make any determination or order as to the ownership or control of customary land; see s. 20 of that Act.

As to former "Crown grant" titles, see notes to s. 15 of the Land Titles Investigation Act 1966 and s. 17 of Samoan Land and Titles Protection Ordinance 1934.

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