Concern over proposals to change Cooks occupation rights

Transcript

A group of traditional chiefs in the Cook Islands say there is overwhelming opposition to proposed changes to land occupation rights in the country.

The Koutu Nui president, Terea Mataiapo Paul Allsworth, says a draft practice note written by the country's law society and judges, which outlined proposed changes to the law, was recently made public in error.

He says people are very concerned with a number of the provisions, including that occupation rights may no longer be granted in perpetuity but for just 60 years.

Terea Mataiapo began by explaining what occupation rights mean for Cook Islanders.

TEREA MATAIAPO PAUL ALLSWORTH: In simple terms, ownership belongs to the landowner through blood right. You've got to inherit the land through blood right. Very similar to freehold, but in this case, it's the native landowners who own the land, and they own it for life, within the families. We called public meetings throughout the three vakas, or the three main villages on Rarotonga, to gauge the response of various landowners. And we did that last week.

MARY BAINES: And what was the response?

TM: The response was overwhelming opposition against the practice notes. In the meantime we are summarising our findings and will communicate that to the minister of justice, and bring it to the attention of parliament.

MB: What are your main concerns?

TM: There are various issues within the practice note, probably too many to mention. The proposed changes would bring about some vast changes amongst the occupation rights provisions. For example there's a term on the occupation right to 60 years, the size of the land, and all that. So we are going to address each of those provisions piece by piece.

MB: So what would only having the land for 60 years actually mean for people?

TM: I mean one of our main concerns is this wasn't communicated, it wasn't discussed. There's been no dialogue. The draft practice note only by error came out to the public. So that's why there has been a reaction by the landowners. There needs to be more consultation with the landowners on these issues and from all accounts, the majority of landowners don't want any changes. Or if there are any changes, then they want consultation.

MB: This practise note, how did it get into your hands?

TM: Basically, I was called to a meeting where the practice note was discussed. And it came from a member of the law society to a private citizen. It was actually emailed by error, so that's how it became public. It's a list of proposals, very similar to policy guidelines, and the law society together with the judges, probably from time to time, have discussion on the interpretation on the various provisions. So you could say that was that, the practice note was that. It's not law, it's not law. So we still have time to finalise things through proper process.

MB: So at the moment you're drafting a memorandum for the justice ministry. What's in it?

TM: This memorandum will highlight our findings from the three meetings we've had around the island. And it will have some strong recommendations to go to the minister and some possible amendments to the 1915 act.