Land disputes in Niue could be dealt with more quickly
It's hoped the recent appointment of land commissioners in Niue will help move land disputes through court more quickly.
Transcript
It's hoped the recent appointment of land commissioners in Niue will help move land disputes through court more quickly.
Since Cyclone Heta destroyed the Land Court in 2004, land cases have been heard by the island's chief justice, a New Zealand judge who makes six monthly trips.
The deputy registrar of the Niue High Court, Darren Tohovaka, told Bridget Tunnicliffe by reinstating the land commissioners, it will free up the New Zealand judge to deal with the more complex cases.
DARREN TOHOVAKA: It has always been government's intention since 2004 as you rightly say about the tropical cyclone Heta hitting us of returning or having the land commissioners reinstated to the Niue high court. We have now seven commissioners which have been sworn in and we intend to hold some training for them and hopefully to deal with cases which are less complex and which they are able to deal with so that's our intention towards the end of this year or sometime during this year.
BRIDGET TUNNICLIFFE: Out of the seven you've appointed, were some of them land commissioners in the past, before 2004?
DT: Yes, we have about two or three of them that were previously land commissioners. Since then their warrants have obviously expired, being five year appointments, so we have had those appointed and with cabinet's approval. And we are looking to have them preside in court sometime this year after training.
BT: And you'll still continue to have the bi-annual visits from the New Zealand judge.
DT: Certainly we work closely with the judges to determine when they should come up and that's determined also by the number of cases we have listed for the courts.
BT: And so they'll deal with those more complex ones.
DT: Yes, that's our intention, we acknowledge that it's been some time since they've presided so it's logical that we should have some time to have them re-assimilate and get some training for them before they preside back in court.
BT: Over the last say five to 10 years have you seen the number of land disputes increase or are they decreasing?
DT: I personally think that there's always interest with residents and Niueans overseas in terms of their ownership of land and getting that through the titling process. There are always cases which are being brought forward on an annual basis but I think with the inclusion of the commissioners, that it will be able to I suppose free up some cases which might not have [needed to be] been referred to the judge and the complex and more legally technical cases be referred to the judge when he comes up.
BT: So you may be able to deal with cases more quickly?
DT: Yes, I believe that there's an opportunity for that to happen and I think the land commissioners can contribute there.
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