LAWS OF PITCAIRN, HENDERSON, DUCIEAND OENO ISLANDS

Revised Edition 2001

CHAPTER XV

LANDS COURT ORDINANCE

Arrangement of sections

PART t-PRELIMINARY

SectionI. Citation2. Interpretation

PART II- LANDS COURT

3. Constitution of Court4. Reg istrar

5. Duties and functions of Lands Court6. Sittings of the Court7. Powers and proceedings or the Court8. Review of proceedings by Supreme Court9. Appointment of representative

PART III- LANDS REGISTER

10. Lands Register11 . Registration12. Inspection of Lands Register13_Rectification of Lands Register

PART IV- GRANT OF LANDALLOCATION TITLES

14. A ppl ication for grant orland A lloca tion Title

PART V-CARETAKERS

15_Appo intment and regi stration of caretakers

16. Rights and ohligations of caretakers

PART VI-OFFENCES AND PENALTIES

17. False statements, perjury etc.18. Boundary marks19. Contempt or Court

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PART VII-GENERAL

20. Lands on Henderson. Ducie and Dena Islands21. Regulations22. Rights of Crown preserved23. Transitional provisionsSchedule

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An ordinance to establish the Lands Court and toprovide for its constitution and procedure

[l st August 2000]

PART I-PRELIMINARY

1.This ordinance may be cited as the Lands CourtOrdinance.

2.ln this ordinance. unless the context otherwiserequires.-

"agricuitural land" means any land used or capable ofbeing used primarily as forestry land. garden landor orchard land;

"Council" means the Island Council constituted under theprovtstons uf the Local Cuvernment Ordinance ;

"Court" means the Lands Court constituted under theprovisions of this ordinance;

["General Survey Adviser" means the person appointedby the Governor to fulfil the fun ctions referred toin subsection 4 of section 3 of the Land TenureReform Urdinance and in proceedings of the LandsCourt under Parts III and IV of this ordinance asmore particularly described in section 14A of thisordinance.]

(Inserted by Ordinance No.4 of 2006)"Island Secretary" means the person for the time being

appointed by the Governor to hold the public officeof Island Secretary;

"land" incl udes any estate or interest in land or thingsgrowing thereon and all buildingsand otherimprovements permanently affixed thereto;

"Lands and Estates Court" means the Lands and EstatesCourt established by the Lands and Administrationof Estates Ordinance No.2 of 1967 repealed uponthe commencement of this ordinance;

"Lands Register" means the register oflands on PitcairnIsland required to be kept under the provisions ofthis ordinance;

"Mayor" means the person for the time being holding theoffice of Mayor of Pitcairn under the provisions ofthe Local Government Ordinance;

"President" means the Mayor or other person presidingover the Lands Court under the provisions ofsubsecuun (3) uf sectiun 3 uf this unlluance;

"representative" means the person appointed by anyperson to represent him or her in any proceedings

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before the Court under the provisions of section 9 ofthis ordinance and includes any person appointed bythe Court to represent any party under the provisionsof subsection (5) of section 7 of this ordinan ce;

"residential land" means any land used or capable ofbeing used primarily as house land.

PART II-LANDS COURT

3.-(1) There is hereby established a court withjurisdictionover land in place of the former Lands and Estates Court, to beknown as the Lands Court. which shall be a court of record .

(2) The Court shall have as occasion may require a seal ofsuch nature and pattern as the Governor may direct and allwrits and other process issued out of the Court shall be sealedtherewith.

(3) The Lands Court shall consist of a President who shallbe the Mayor ex oillcioand who shall preside over all sittingsof the Court and four other members who shall be appointedby the Council and who shall hold office for a term of twoyears from the date of their appointment:

Provided that-(a) where the Mayor is a party to or is a witness or has

any personal interest in any proceedings before theCourt. he or she shall not sit as a member of theCourt and the Chairman of the Internal Committeeor. if he or she is also a party to or is a witness orhas any personal interest in such proceedings, thenominated member of the Council appointed bythe Governor shall preside over the Court for thepurpose of hearing such proceedings and , while sopresiding , he or she shall for the purpose of thoseproceedings have all the powers and exercise all ofthe duties and functions of the President; and

(b) where any other member of the Court is a party toor is a witness or has any personal interest in anyproceedings before the Court. he or she shall notsit as a member of the Court for the purpose of thehearing uf those pruceedlngs and the Cuuncil shallappoint such other person who is neither a party tonor a witness nor has any personal interest in suchproceedings as it considers appropri ate and suchperson so appointed shall sit as a member of theCourt for the purpose of hearing those proceedingsand while so sitting shall for the purpose ofthehearing of those proceedings have all the powersand exercise all of the duties and functions of the

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member of the Court Inwhose place he or she Is soappointed.

4.-(1) The Island Secretary shall be the Registrarof theLands Court and shall, subject to the general directions ofthe Governor, be under the immediate direction and controlof the President.

(2) The duties of the Registrar shall be-(a) to attend all sittings of the Court as the President

shall direct;(b) to fill up or cause to be filled up all summonses,

writs, orders and other documents and submit thesame for signature by the President;

(c) to issue all process in the Court in accordance withthe provisions of this ordinance;

(d) lU make or cause to be made a record uf allproceedings before the Court and of alljudgmentsand orders of the Court;

(e) to keep or cause to be kept and maintained the LandsRegister and all other registers required to be keptby or under the provisions of this ordinance: and

(I) to perform or cause to be performed such otherduties connected with the Courtand the registrationof lands and otherwise as may be required by orunder the provisions of this ordinance or may beassigned to him or her by the Governor or by thePresident.

5.The Court shall be charged with the following duties­(a) to exercise a supervlsoryj urlsdlctlon over all lands

UJI Pitcairn Island;(b) to cause the boundaries of all lands on Pitcairn

Island in respect of which the ownership has beendetermined according to law to be demarcated onthe ground:

(c) to cause a register to be kept and maintained inrespect of all lands on Pitcairn Island the ownershipof which has been determined under the provisionsof this ordinance and of the Land Tenure ReformOrdinance:

(d) to hear and determine all applications for the grantof Land Allocation Titles under Part 11\ of the LandTenure Reform Ordinance;

(e) to hear and determine all disputes relating to theownership ofland on Pitcairn Island:

(f) to determine all other questions relating to landson Pitcairn Island as may be referred to it by the

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Council 01 by any inhabitant of Pitcairn Island undercap. 14 any of the provisions of this ordinance or the Land

Tenure Reform Ordinance.SI",,,.,,,,,,,,·c,,",, 6.-(1) The Court shall sit at such times and on such days

as may from time to time be determined by resolution of theCouncil and publicly notified by notice afflxed to the publicnotice board.

(2) All sittings of the Court shall be open to the public in sofar as the seating arrangements of the courthouse permit:

Provided that the Pres ident may clear the Court if he or sheconsiders that the Court should discuss any matter before itwithout the parties being present.

(3) The President may adjourn the Court from day to dayor to any convenient day.

(4) A quorum of the Court shall be the President and threeother members.

:~~~~~~"~"" 'h' 7.-(1)For the purpose of any proceedings before the Court,Court the President shall have the same power to summon and

cause the attendance of and examine on oath all claimants orpotential claimants to any land and any person whom he or shemay think able to give relevant evidence as are vested in theMagistrate in respect of any case before the Magistrate's Court

"". 3 under the provisions of section 14 of the Justice Ordinance andthe provisions of Part III of that ordinance shall apply mutatismutandis to all applications and cases before the Court.

(2) The Registra r shall keep or cause to be kept a recordof all proceedings before the Court and all evidence given inall such proceedings, the observations of the members of theCourt, the summing up by the President and thejudgment ofthe Court.

(3) The minutes of all proceedings before the Court shallbe ~ igned by the President and by the Regtstrar and therecord of all such proceedings, including such minutes andall documents filed with the Court or admitted in evidence,shall be preserved in the records of the Court to be kept at theoffice of the Registrar.

(4) If, in any proceedings before the Court, the applicant failsto appear, either personally or by a representative appointedunder the provisions of section 9 of this ordinance and doesnot excuse such failure to the satisfaction of the Court, theCourt may strike out his or her application.

(5) If a party to any proceedings before the Court does notobey any summons issued under the provisions of subsection(I) of this section and does not excuse such failure to appearto the satisfaction of the Court then, after proof of service, the

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Court may appoint a suitable person who may reasonably beexpected to have knowledge of the matters in issue to representsuch party and may thereupon proceed to hear and determinethe proceedings.

(6) In all proceedings before the Court, the parties or theirrepresentatives or , in the case of a partv who has failed toappear , the representative appointed by the Court under theprovisions of the last preceding subsect ion, shall be presentthroughout the proceedings except when the Court is clearedunder the proviso to subsection (2) of section 6 of thisordinance.

(7) The following procedure shall be observed by the Courtin the hearing and determination of all proceedings beforeit-

(a) a statement of the matter in issue shall be made tothe Court by the applicant , or by the Registrar if thematter arises out of the Court's own motion;

(b) if there is an applicant , the Court shall first hear hisor her evidence together with that of any witnesswhom the applicant wishes to call and shall thenproceed to hear the evidence uf all other partiestogether with their witnesses and , if the matterarises on the Court's own motion , it may call suchwitnesses in such order as it thinks fit;

(c) after each party to the proceedings before the Courthas given evidence, the opposing party shall beentitled to ask any questions relating to the matterin issue and similarly each party may ask questionsof any witness called by any other party after suchwitness has given evidence;

(d) any member of the Court may ask any questionsrelating to the matter in issue of any party or witnessat any time whi le they are giving evidence before theCourt and the President may recall and question anyparty or any witness at any ~t~p,p in thp prn("pprlinp,~

beforejudgment;(e) during the course of the proceedings, the President

may discuss with the members of the Court the lawapplicable to the matter in issue;

(I) after hearing all the evidence and discussing ifnecessary the law app licable to the matter in issue,the President shall summarise the facts and the lawfor the benefit of the other members of the Courtand the CUUl t shall then consider its judgment whichshall be by a majority vote of all members present:

Provided that in an equal division of opinion

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amongst the members, the President shall have acasting vote in addition to his or her original vote:

(g) the judgment of the Court arrived at in accordancewith paragraph (I) shall be pronounced In opencourt by the President and shall be entered by theRegistrar in the minutes of the Court.

8.Every decision of the Court shall be subject to reviewby the Supreme Court in accordance with the provisions ofsection 13 of the Land Tenure Reform Ordinance.

9.Any person who is absent from Pitcairn Island may,by letter addressed to the President. appoint any person onPitcairn Island on his or her behalf to make application tothe Court or to opposeany application before the Court andthf' pmvicinns nf thls ordinanrr- ,h~ 1I hI' intf'rprf'tf'rl ~, ifreference to applicants and parties included any representativeso authorised under this section.

PART III-LANDS REGISTER

10.-(1) There shall continue to be a register to be knownas the Lands Register which shall be kept in the office of theRegistrar.

(2) The Court shall causeentries to be made in the LandsRegister of-

(a) the description by boundaries of all lands on PitcairnIsland in respect of which the ownership has beendetermined or which are vested in the Council underthe provisions of this ordinance:

(b) the ownership thereof:(c) all appurtenances and encumbrances created

over such lands, all other dealings therein and alltransmissions or devolutions thereof which havebeen approved by the Court under this ordinance.

(3) All entries in the Lands Register shall be signed by theRegistrar and by the President.

t t.Reglstratton of any person as the owner of any estateor interest in landon Pitcairn Island shall vest in such personindefeasible title to such estate or interest, except in the case offraud, with such rights, privileges, powers and obligations inrelation to such land not inconsistent with any of the provisionsof this ordinance and subject at all times to the provisions ofthe Land Tenure Reform Ordinance.

12.Any person shall be entitled to inspect the LandsRegister and to make copiesof any of the entriescontainedtherein and, on payment of a fee of twenty cents, to receive a

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certified copy of any of the entries therein duly certified underthe hand of the Registrar.

13.The Registrar, acting on the instructions of the Court,shall have power to rectify the Lands Register in the followingcases-

(a) in formal matters and in cases of errors or omissionsnot materially affecting any interests in landregistered therein; and

(b) in any case at any time with the consent of allpersons interested.

PART IV-GRANT OF LAND ALLOCATION TITLES

14.- (I ) Any person seeking the grant of a Land AllocationTitle under section 4 of the Land Tenure Reform Ordinance inrespect of any land on Pitcairn Island may, on giving not lessthan 30 days ' notice in writing to the Registrar of his intentionto make such application, apply to the Court in accordancewith the procedure prescribed in this section.

(2) On receipt of any notice given under the provisions ofsubsection (I ) , the Registrar shall cause a copy of such noticeto be posted on the public notice board and to be kept soposted until such time as the application has been determinedby the Court.. (3) Every notice given under the provisions of subsection

(1) shall describe the boundaries of the land claimed and shallspeci fy the name uf the appllcant and the en titlemen t claimedby him or her with respect to the land.

(4) Any other person seeking the grant of a Land AllocationTitle to any land in respect of which notice is given under theprovisions of subsection (1 ) may oppose the application bygiving notice in writing to the Registrar and to the applicantat any time before the application has been determined by theCourt. Every such notice shall specify the name of the personby or on whose behalf it is given and the entitlement cla imedby such person with respect to the land.

(5) On the date appointed by the Court for the hearing ofthe application , or such extended time as the Court may in itsdiscretion allow, the Court shall determine the application orthe competing applications , as the case may be, in accordancewith the procedure and principles set out in section 4 ofthe Land Tenure Reform Ordinance and upon granting anyLand Allocat ion Title shall direct the Registrar to make theapprnprlatn f'ntry in the 1 .~OfI.~ R f'p'i ~tf'r .

[l 4A.-(l)The Genera l Survey Adviser may at any timeprovide expert opinion evidence relating to any issue arising

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12001 Ed. Lands Court Ordinance CAP.151

ApPUIIlUllCIlI am!1~'I-\ I\II(l lI uli nlcareta kers.

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In proceedings under Part III of the LandTenure ReformOrdinance for the grant of any Land Application Title. Suchadvice may be in the form of a memorandum or submissionin writingor an oral statement of evidence. This advice orevidence may be tendered by the General Survey Adviser atthe instance of the Court. any party having a direct interestin the proceedings or on the initiative otthe General SurveyAdviser.

(2) In considering its decision in the case, the Court shalltake into account the substance of the advice or evidence ofthe General Survey Adviser but shall not be bound by it. Ifthe Court chooses not to follow the advice or evidence of theGeneral Survey Adviser. it shall state the reasons therefor inits decision."j

(Inserred hy Ord ina nce No.4 of 2006)

PART V-CARETAKERS15.- (1) Any person who is registered under the provisions

of this ordinance as the owner of any estate in land and whointends to leave Pitcairn Island for any indefinite period shall.before leaving the Island. make application to the Court lorthe appointment of some fit and proper person to be namedby the applicant as the caretaker in charge of such land duringhis or her absence from the Island.

(2) If, upon the hearing of any application made under theprovisions of subsection (I) . the Court is satisfied that theproposed appointment is in conformity with the provisionsof this ordinance and that the person nominated by theapplicant has consented to act as caretaker of such land. itshall make an order directing that the person nominated beregistered in the Lands Register as the caretaker of such landor , if not so satisfied, require the applicant 10 nominate someother person to act as caretaker of such land and. upon theapplicant nominating a person to the satisfaction of the Courtas aforesaid. the Court shall make an order directing that thatperson be registered in the Lands Register as the caretaker ofsuch land.

16.Every caretaker registered under the provisions ofthis ordinance shall. while so registered. be subject to all ofthe liabilities and obligations in connection with the land inrespect of which he or she is so registered as are imposed onthe owner of such land and. subject to any conditions imposedor approved by the Court. shall have the right to the use andenjoyment of the land in respect of which he or she is soregistered and to all crops. fruits and other produce standing

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or growing thereon to the same extent as the owner on whosebehalf he or she is so appointed.

PART VI-U......ENCES ANU PENALTIES

17.Any person who-(a) wilfully makes any false statement or declaration

in relation to any dealing in land; or(b) suppresses. conceals or aids and abets in the

suppressing or concealing from the Court of anymaterial document. fact or matter; or

(c) wilfull y makes any false declaration required to bemade under any of the provisions of this ordinance;or

(d) being lawfully sworn or affirmed as a witness in anycause or matter before the CUUI"l, wilfully makesany statement in evidence material to that cause ormatter which he or she knows to be false or does notbelieve to be true. with the intention of deceivingor misleading the Court ; or

(e) fraudulently procures any documents of title toland or any instrument affecting any such title orthe making of any alteration thereto or erasuretherefrom ; or

(I) fraudulently alters. adds to. erases . defaces ordestroys or permits to be altered . added to. erased.defaced or destroyed any entry in any record orregister required to be kept under the provisions ofthis ordinance or any document contained in anysuch register.

is guilty of an offence and shall be liable to a fine notexceeding five hundred dollars or imprisonment for anyperiod not exceed ing one hundred days or to hoth such fineand imprisonment.

IS.Any person who defaces. obliterates. moves. injuresor otherwise impairs. destroys or renders useless any [survey]mark except with the authority of the Court shall be liableupon conviction to a fine not exceeding five hundred dollarsor imprisonment for any period not exceeding one hundreddays or to both such fine and imprisonment.

(Amended by Ordinance No.4 of 2006)

19.-(1) Any person who-(a) within or in the vicinity of any room in which

the Court is sitting or in the presence or hearingof the Court when engaged extramurally in thedetermination of boundaries or the inspection of

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12001 Ed. Lands CourtOrdinance CAP.151

Laudson Henderson.Dude and DCIIOislands.

any land is insulting towards or shows disrespectin speech or manner to the President. any memberof the Court or the Registrar; or

(b) wilfully refuses or neglects to appear before theCourt when summoned to do so; or

(c) having appeared before the Court and heing calledupon to give evidence. wilfully refuses to take theoath or affi rmation or, having taken the oath oraffirmation, wilfully refuses without lawful excuseto answer any question put to him or her or toproduce any document; or

(d) having attended the Court for the purposes of givingevidence in any cause before it, remains in the roomor in the vicinity of the Court after having beenasked to leave such room or vicinity; or

(e) causes any obstruction or disturbance in the courseof the hearing of any cause before the Court; or

(I) attempts wrongfully Lu Interfere with ur Influenceany witness in any cause before the Court eitherbefore or after such witness has given evidence inconnection with such cause; or

(g) commits any other act of intentional disrespect toany cause before the Court or to any officer of theCourt.

is guiltyof an offence and shall be liable on conviction to afine not exceeding one hundred dollars or imprisonment forany period not exceeding one hundred days or to both suchfine and imprisonment.

(2) Any person who enters the room or place in which theCourt is sitting or approaches the vicinity of the Court whenengaged extramurally in the determination of boundaries orthe inspprtion of anv land with flraarrns on his or her personshall be guilty of an offence and on conviction shall be liableto a fine not exceeding sixty dollars or to imprisonment forany period not exceeding thirty days or to both such fine andimprisonment.

PART VII-GENERAL

20.-(1) Any attempt to assume ownership or control of orto possess. occupy. transfer. transmit or otherwise deal withland on the islands of Henderson. Dud e or Oeno shall be nulland void without the prior approval of the Governor.

(7) On ~ny fp'l"pst for apprnval m~op undor thp provisionsof subsection (1). the Governor may by order authoriseextension of thelurisdlctlon of the Court to include the islands

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of Henderson, Ducie and Oeno or anyone of such islands.

21.- (1) The Counci l may make, amend or revokeregulations

(a) regulating the practice and procedure of the Courtin matters not specifica lly provided for in thisordinance:

(b) prescribing the forms and registers to be used andfor regulating all matters connected therewith:

(c) regulating the receipt of moneys paid to the Courtand the payment out of the Court of all moneys tothe persons entitled thereto;

(d) prescribing fees and costs which may be demandedand received in connection with any matter withinthc.jurisdiction of the Court;

(e) for the better carrying into effect of the provisions,objects and intentions of this ordinance.

(2) All regulations made under the provisions of thisordinance shall be signed by the Mayor and by the IslandSecretary, publicly notified by affixing copies thereof to thepublic notice board and shall come into force on the day ofsuch notification.

(3) Copies of all regulations made under the provisions ofthis ordinance shall be sent forthwith to the Governor whomay by order to be publicly notified by affixing a copy ofthe same to the public notice board, alter, vary or revoke anysuch regulations.

22.Nothing in this ordinance contained shall be deemedto affect any right, title or interest of the Crown In, upon orover any land on Pitcairn, Henderson, Ducie or Oeno Islandsnor is the Crown in any way subject to any of the provisionsof this ordinance.

23.The transitional provisions consequent upon the repealof the Lands and Administration of Estates Ordinance withrespect to any claim or proceeding before the former Landsand Estates Court and not completed or disposed of at the timeof that repeal are set out in the schedule to this ordinance.Section 23

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SCHEDULE

CAP.151

Transitional Provisions1. Wher e i mm edi ately p rio r t o t he rep eal of th e La n d s an d

Administration of Estates Ordinance any application. enqu iry, claim,dispute. proceeding or other legal process affecting or concerning anyright or interest in land was partially completed or pending the same may,subject to the provisions of this schedule, be completed or undertaken inaccordance with the repealed ordinance as if it had not heen repealed.

2. Any such Intention to Institute the continuation or completion of anysuch application, enquiry, claim, dispute, proceeding or process under therepealed ordinance must be notlfled in writing to the Registrar of the LandsCourt not later than six months after the r'runmenrement nfthis ordinanceand thereafter no such right of continuation or completion shall lie.

3. Where the nature or circumstances of the application, enquiry,claim, dispute, proceeding or other legal process, sought to he institutedor continued under paragraphs 1 and Zis inconsistent with or repugnantto the provisions of the Land Tenure Reform Ordinance, no such rightof continuation or completion shall lie and any right or interest inl andthereby affected shall be deemed to have abated or become ext inguishedby operation of law.

4. For the avoidance of doubt, the abatement or extinguishment ofany actual or contingent right or interest in land pursuant to paragraph 3shall not be the subject of any claim lor compensation.

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