Rotuma
rotaumaCountry entered under the Law on Transfer of Property. The Rotuma County Commission.5. operating procedures.6. appeals.7. Rotuman Estates Register.10. Estate or interest granted by registration.11. Country of registration which may only be treated in accordance with this Act.13. Red may not handle property without the district chair's prior affirmative vote.14 The district chair may investigate a witness under oath.15.
Business to be conducted in the required form and submitted for registration.17 Overview of the division.18 Powers and methods of handling handua ne koinaga and handua ne'on tore.19 Powers and methods of handling handua pau.20. Unoccupied land.21. Transfer of handova ne kainaga.24. Transfer of handicapped to Crown in the event of loss of ownership.25.
Transfer of handua ne'on tore.26. Transfer of handua pau.27. Call on Commissioner, Department East.33. The law can be called the Rotuma Lands Act and applies only to Rotuma. "A" means a subject under 21 years of age and " an adult" shall be construed as such; "Council" means the Rotuma Council set up by the Rotuma Act; (Cap.
"Trade " means any operation of any kind that affects the country under this Act; "district commissioner" means the district Rotuma commissioner; "hanua ne kainaga" means a country owned by the Red Commune known as Cainaga, whose members hold the country in full possession and whose recognized leader of the country is the country's sole (or overlord);
"handua pau" means a piece of property that is sold or donated to an Rotuman for the purpose of establishing handua bau, or a deed filed with the district chairperson in accordance with section 26; "handua ne'on tore' means country acquired in the first, second and third generation by offspring of a late possessor of handua lau, like handua ne'on torres, when there is no Rotuman to whom the country belongs as handua lau, and the last of them takes the country as handua pau:
Unless the restriction to three generation applies to handua ne'on doors in existance at the beginning of this Act; "land" comprises lands flooded with waters, any property or interest in lands either as a mortgages or fees, all things and objects and other things durably attached thereto;
"Leasing " comprises a subleasing agreement and "lessee" a subtenant; "prescribed" means required by the rules of this Act; "Register" means the register of Rotuman countries to be created in accordance with the rules of section 9; "Rotuman Development Fund" means the Rotuman Development Fund created by the Rotuma Act; (Cap.
122.) "Reduman " means any individual of Rotary or partially-Rotuman ancestry. In the event of disputes as to whether or not a member of the Council is a member of the Rotary community, the Council shall have jurisdiction, but any member affected by the Council's ruling may address the Minister whose ruling is definitive; "transfer" with its grammar variants means the transfer of property from one member to another by estate or other jurisdiction and shall imply a ruling on hanhu pau's deaths, but shall not imply forced acqui ation under the Act on the Purchase of Town.
a) to determine which plots in Rotuma are the legal ownership of Rotuman landowners as handua ne cainaga, handua peau and handua ne'on gates and which plots are not owned by Rotuma; b) to determine which plots in Rotuma are the legal ownership of Rotuma landowners among other types of Rotuman common ownership and to name all plots as handua ne cainage, handua peau, handua ne'on gates or unoccupied territory
c) to determine which land plots are rented in Rotuma for a term of more than one year; (d) to resolve all litigation necessary to determine (a), (b) and (c); (e) to arrange for the local delimitation of all such land plots; (f) to establish a register in the way provided for in this Act.
2. It is hereby stated that from the beginning of this Act no Rotuman may be recorded as a member of more than one Cainaga or, except as provided in Section 27, as a member of another Cainaga than that of his father:provided that a Rotuman who has been borne before the beginning of this Act may be recorded by the Commission as a member of two Cainaga, one on the side of his fathers and one on the side of his mothers.
If such a Rotuman belongs to more than one Cainaga on his father's or mother's side, he has the right to select two of these Cainaga (one on his father's side and one on his mother's side) to be listed as a member. And, provided that at the birth of a baby after the beginning of this law, whose sire is a Rotuman who has been recorded as a member of two of the two kainagas under the last reservation above, the selection of which of these two kainagas the baby is to be recorded as a member is made by the individual and in the way provided for in this reservation.
a) The Commission or a Commissioner shall arrange for the owner to label the borders of the property to his or her own discretion as the Commission deems appropriate in order to label the borders as durably as possible or, in the case of properties rented for more than one year, for the remaining period of the tenancy agreement, and may request different ways of identifying the borders depending on the situation;
b ) Each property shall be given its own number and its number and name (if any) shall be registered; c) the name of each Rotuman owner and whether the property is handua ne kenaga, handua pao or handua ne'on gates shall be registered or it shall be registered that it is an unoccupied property;
d ) If the property is leased for more than one year, the name of the landlord and tenant, the duration of the tenancy agreement and, in the case of a part of the property leasehold agreement, information adequate to indicate which part of the property is leased shall be given.
Upon completion of the procedure for determining the title to a plot of real estate, the Commissioner or the Commission shall notify the interested party of his or her choice, provided that the Commissioner or the Commission may postpone the choice to a time which they consider appropriate.
9. For the purpose of an investigation, the Commissioner or the Commission shall have the same authority as the judges to subpoena and under penalty of perjury any party he or she considers appropriate to produce supporting documents and to request the presence of all applicants on any property whose titles are being sought and any party who may be interested in the ownership of that property.
10. In any event, the Commissioner or the Commission shall properly document the supporting documents. Anyone who has been harmed by a Commission or Commissioner ruling may, within ninety calendar days of notification, inform the district commissioner of his or her wish to lodge an appeal, which shall be countersigned by the complainant or his or her authorised representative.
Such an objection will be hear by the Commissioner, Department East, with two Rotuman reviewers nominated by the Council, and the Commissioner's ruling, Department East, is definitive and definitive. and the Commissioner, Department East, shall inform the Commission of his Commission ruling. 2. If no legal remedy is lodged, the minutes of the Commissioner or the Commission shall be exhaustive.
b ) Expiration of the period for lodging an objection if a case has been settled or a decision has been reached on a mutually acceptable solution agreed by the Commission or a Member of the Commission but no redress has been lodged;
c) Determining the complaint, when a complaint has been lodged, the Commission shall measure the limits of all land plots and draw up one or more maps, collectively referred to as the Rotuma register card, indicating the limits of each individual land plots and their sizes and the number allocated to the land plots in accordance with Section 5 (7) (b).
This Rotuma tab is part of the register of Rotuman countries provided for in this Act. - All plots of property found by the Commission to be unoccupied shall be transferred to the Crown in a fiduciary capacity on behalf of the Rotuman Nation, but shall not be considered Crown State.
All funds coming from these unsowned properties shall be deposited into the Rotuman Development Fund used for the purpose of this Fund. - 3. There shall be a register known as the "Register of Rotuman Countries", which shall be kept by the district Rotuman chairperson in the manner provided for in this Act or as may be required (subject to its provisions).
The register shall contain a specific sheet for each site listed on the Rotuma register map and each site shall be described with its number and name, if any. 3. The Commission shall arrange for entry in the register for each parcel containing the information referred to in Article 5(7)(b), (c) and (d).
4. A copy of the register drawn up by the Commission and the Rotuma register card shall be filed and kept with the Registrar in Suva. a) except for the rental agreements listed in the Register; (b) except for the following interests and interests which are not eligible for registration under this Act; (i) right of way, right to access to water and other servitudes; (ii) rental agreements with a maximum duration of one year; (iii) crew privileges based on Rotuman use, as provided for in section 18, section (d) of section (1); (iv) profit à preendre, which exists at the beginning of this Act.
- Not one Rotuman or Rotuman's corporation may resell, rent, trade, divide, sub-divide, or otherwise divest or trade in any of the lands under this Act without the written permission of the district Rotuman representative, and any such disposal to be made without such permission shall be invalid.
2. The district chairperson shall not give his or her consent in writing unless he or she is convinced that such an order does not conflict with the property rights of Rotumans as set forth in this Act. - P land plots recorded under this Act may not be sold to non-Rotumans, whether by sales, grants, transfers or exchanges, provided that nothing in this Subpart prevents such plots from being sold to the Crown or forcibly purchased by the Crown under the Law on the Acquisition of Real Estate (Section 135.)(2).
Property that has been recorded in accordance with this Act may not be pledged or debited and may not be otherwise debited, neither by Rotuman nor by non-Rotuman property-holders. 4. Any document claiming to be in breach of the terms of this Section shall be invalid.
- Any immovable property entered under this Act may be treated by a deed in the required format or, if no format is required, in the required format by the district manager. The trade shall be submitted to the district manager for entry and the entry shall be concluded by entry of the acquirer as proprietor of the assigned property and submission of the deed in the register, provided that a division of handua ne Kaenaga or handu ne'on gates among the members of the host families who own this property is not required for entry under section 18 (d) of subparagraph (1).
No part of the immovable property contained in a security may be assigned unless such immovable property has been previously divided and new securities have been opened in the Register for each of them. None of the transactions that subdivide a property entered under this Act may be recorded unless such measurement and/or delimitation of borders has been performed with regard to the property required or in the absence of a regulation ordered by the district commissioner.
a) by the establishment of handua pao; (b) by lease in the way provided for in this Act; (c) by granting to the Crown, which country is governed by Crownland Law; (Cap. 132.) (d) by partitioning among the members of the kainga or'on gate according to the Rotuman indigenous custom:
Assuming that no such division confers a greater interest on an isolated Rotuman than an interest in his or her own existence and that no such interest can be sold as such; e) by providing servitudes. No such trade may be made without the prior approval in writing of the clean or recognized leader of the Cainaga or' on gates, as the case may be, and the plurality of mature members of the Cainaga or 'on gates residing in Rotuma.
3. The trading document shall be authenticated by the clean or recognised director of the Cainaga or''on tore''. a) by selling or donating real estate such as hand-ua lau; (b) by disposal as hand-ua lau, which shall become effective after his demise, as provided for in 26 para. 1; (c) by lease in the way provided for in this Act; (d) by providing servitudes.
2. The document causing the trade shall be countersigned by the holder of handzua pas. a) by lease in the way provided for in this Act; (b) by providing servitudes; (c) after consulting the Council, by delivery or sale as handua pao or handua ne kinaga to any Rotuman or Rotuman who is content or needs lands.
2. The certificate causing the trade shall be countersigned by the district chairperson. - Property entered under this Act may be rented to any individual for any period, under any condition which may be stipulated, except as provided in section 15(2). - In this event, the district chairperson shall dissolve the registering of a tenancy agreement to his or her complete and complete satisfaction. 2.
The rental agreement shall be terminated by written on the document or a copy thereof with the date of delivery and signed by the party authorised to perform the rental agreement under this Act and by the Renter; the Renter's interest shall then be extinguished and the Renter's interest shall lapse.
Notwithstanding the provisions of 4 para. 2 and 27 para. 2, the transfer of hano ne cainaga shall only take place via the management of men. 2. In the case of the deaths of a member of a landowner of Cainaga, or the delivery of a baby to a member of a man, the immediate family member of the dead person or the baby shall notify the head of the district and the name of Cainaga and provide him with the evidence and information requested by the head of the district,
in the event that such a deaths or births has taken place, and in the event that the infant is authorised under the terms of this Act to be recorded in relation to such handua ne kinaga, the district manager shall remove or enter the name of such persons from the register.
When a Rotuman is born to a Rotuman man who is a member of two Kainagas in accordance with paragraph 2 of paragraph 4, the superior's fathers or other persons whose task it is to select in which of these Kainagas the infant is to be entered shall notify the district governor in written form of his election.
If at any point in history a member of a Cainaga fails so that there is no one left to own the country, the country shall become fiduciary property of the Rotuman nation and the district commissioner shall record it as such.
- No ' on goals shall be transferred by both the masculine and feminine line. In the case of the deaths of a member of a landhold "in the case of disunity or the delivery of a baby to a member of the family of the dead or the baby, the immediate family member of the dead or the baby shall notify the head of the district of the occurrence and the name of the relevant hanwa ne'on gate and provide him with the evidence and information required by the head of the district,
in the event that such a deaths or births has taken place and that, in the event of a childbirth, the infant is authorised under the terms of this Act to be recorded in relation to these handouts'on gates, to remove or enter that person's name from or into the register.
If the number of members of "on tore" is at any point restricted to one individual, the country is transferred to that individual as handua pa. b ) HANOVA ne'ON GATE, which arise after the entry into force of this law, shall be considered as HANOVA POPE in the last survivors of the first three generation of members of the'ON GATE if it has not previously been transferred to a human being as HANOVA POPE pursuant to a. above.
District-coordinator makes any changes to the registry to implement paragraphs (a) and (c). a) If a paper has been filed in accordance with this section and this paper designates a single Rotuman who lives on the dead person's deaths, he shall record the country named in the filed paper in the name of such a persons as hand-a-pa; and
b ) for each of the Hanuah Pu, the transfer of which is not possible under a) above, he shall determine whether the dead man has survived, and if he has survived a heir, he shall record that country as Hanuah Pu on behalf of that individual, and if he has survived more than one he shall record that country as Hanuah ne'on gate on behalf of those individuals, and if he has not survived any he shall record that country on behalf of the Crown as an unobsessed country in fiduciary for the Rotuman population.
2. Without prejudice to other stipulations of this Act, an unmarried infant whose sire cannot be identified or does not recognise him may be recorded as a member of his mother's Cainaga. Every individual has the right to consult the register and obtain authenticated or non-certificated excerpts from it against receipt of the required charge.
a) in respect of official affairs and in cases of error or omission not significantly affecting the interests of an proprietor; (b) in any case at any moment with the agreement of all interested parties; (c) in any case, with the exception of initial filing by the Commission appointed under this Act, if he is convinced that the filing was or was not made by default, deception or error and he only considers it necessary to correct the register.
Call on the Commissioner, East Division. Any discontented or unclaimed person who is not satisfied with the district chair's ruling may, within 30 day of the district chair's ruling or a longer deadline set by the district chair in important matters, inform the district chair that he or she has not approved or has corrected or has not corrected Rotuman's registration in accordance with cf. (b) of sub-section (1) of section 20, or that the district chair has declined to authorize real estate trading or to provide it.
He or she shall present a factual statement to the Commissioner, Department East, together with any comments and documentation that he or she has received, who shall examine the issue with the help of two Rotuman judges nominated by the Council and may listen to the views of the Rotuman judges if he or she considers it appropriate, and may then issue an order that he or she considers appropriate.
This order is definitive and will be enforced by the district chairperson. - Every landowner shall keep all limit markers required or ordered by the Commission or an agent or the district manager under this Act in good condition at its limits.
2. The district administrator may at any moment order which of the residents is in charge of the cultivation and upkeep of the landmarks. a) in contravention of 5 para. 3, claims its own land plots, the borders of which are not marked or, if necessary, the brushwood is not pruned or, if necessary, the Commission or a Commissioner draws attention to the borders;
b ) an instruction by the Commission, a Commissioner or the District Director not to demarcate the property borders, in contravention of section (a) of section (7) of section 5 or of section 17; (c) the responsibility for the management and upkeep of a landmark allows it to lapse or be demolished or withdrawn, in contravention of section (1) of section 33;
2. Anyone who has been sentenced for an act referred to in this Section, whether or not he has been punished, shall be required to bear all expenses arising from the remedying of his act or inaction. Persons who intentionally insult a Member of the Commission while taking part in the taking of evidence for the purposes of an investigation under Section 5, or who interrupt the procedure or otherwise misbehave during the conduct of such an investigation are responsible for a criminal act and may face a financial punishment of not more than forty US dollar or a custodial sentence of not more than two month.
No part of this Act shall prejudice the right, titles or interests of the Crown in, on or above any country in Rotuma. a) the way in which the register is to be kept and the way in which transactions with immovable property are to be conducted; b) all other types necessary for the implementation of the requirements of this Act;
c) the surveying and boundary definition requirement in connection with the handling of immovable property and different requirement may be imposed for different types of trade; (d) the determination of charges for each case or thing done under this Act; (e) the determination of all other cases that it is necessary or allowed to require or that it is necessary or expedient to impose under the Act.