Land and Titles Act 1981

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3. Constitution of Department
4. Minister
5. Register
6. Deputy Registrars
7. Appointment of other officers and employees

8. Land deemed customary land
9. Declaration of certain land to be customary land

11. Transmission of judgments, etc concerning the Land Registrar
12. Duties of Land Registrar
13. Trust instruments may be registered in respect of customary land.

14. Pulefa'amau claims
15. Publication of claims in Savali
16. Form of publication
17. Procedure if objection lodged
18. Procedure if no objection lodged
19. Jurisdiction over pulefa'amau where there is no objection

20. Definition of rightful holder
21. Wrongful user an offence
22. Register of Matais
23. Duties of appointee, Pulenu'u and Registrar
24. Offences

25. Land and Titles Court continued
26. President, Judges and Assessors of the Court
27. Deputy Presidents
28. Qualifications of Samoan Judges and Assessors
29. Appointment of Samoan Judges
30. Role of Samoan Judges
31. Appointment of Assessors
31. Oath of Office

34. Jurisdiction of the Court
35. Exercise of jurisdiction
36. President or Deputy President to preside
37. Law to be applied
38. Petitions for exercise of Court's jurisdiction

39. Sittings of the Court
40. Notice of sittings to be published
41. Form of notice

42. Institution of proceedings
43. Commencement of proceedings
44. Preparation of petition
45. Service of petition
46. Unpublished petition

49. Interim orders by President
50. Interim orders by Registrar
51. Duration of interim order by Registrar
52. Effect and enforcement of interim orders

63. Final decision of the Court
64. Concurrence of Samoan Judge and Assessors not necessary
65. Delivery of decisions
66. Reasons for decisions
67. Form of final decision
68. Decision to be available to parties and the public
69. Final decision complete on publication
70. Effect of final decision
71. Decisions and orders not reviewable by other Courts

78. Leave to appeal
79. Grounds for appeal
80. Application for leave to appeal
81. Time for appeal
82. Security for appeal
83. Service of application on other parties
84. Opposition to application for leave

88. Hearing of appeal
89. Powers of the Court on appeal
90. Decision on appeal to be final

AN ACT to consolidate and amend the law relating to customary land and titles, and to the Land and Titles Court.

"Custom and usage" or "Samoan custom and usage" means the customs and usages of Western Samoa accepted as being in force at the relevant time and includes:

(a) The principles of custom usage accepted by the people of Western Samoa in general; and

(b) The customs and usages accepted as being in force in respect of a particular place or matter.

"Deputy President" means a Deputy President of the Court appointed under this Act.

"Document" includes any notice, petition, objection, summons, judgment, order, declaration, or other form of communication in writing.

"Judicial Service Commission" means the Judicial Service Commission constituted by Article 72 of the Constitution.

"Land Register" and "Land Registrar" mean respectively, the Land Register constituted and the Land Registrar referred to in the Samoan Land Registration Order 1920.

"Member of the Court" includes the President or Deputy President and every Samoan Judge and Assessor who constitute the Court in respect of any matter.

"Officer" in relation to the Court includes any Registrar, clerk, bailiff, usher or messenger in the service of the Court, and "Staff" in relation to the Court includes all officers of the Court.

"Party" includes every person who takes part as claimant, objector, petitioner, respondent or applicant in any proceedings under this Act (other than as a witness) whether or not named as a party to any such proceedings, and, in any proceedings to appoint a matai includes the pule and the proposed appointee.

"Pulefaamau" means the ownership of any customary land or the control of any Samoan name or title either by a person in his sole right or on behalf of any Samoan title, family, village or district.

"Samoan" has the same meaning given to that term under the Samoan Status Act 1963.

3. Constitution of Department - (1) There is by this section constituted and established a Department of the Government of Western Samoa to be known as the Department of Land and Titles.

5. Registrar - (1) There shall from time to time be appointed pursuant to the Public Service (Special Posts Act 1989 a person who is a matai and otherwise qualified to be Registrar.

6. Deputy Registrars - (1) The Public Service Commission shall from time to time appoint persons qualified to be Deputy Registrars.

(2) In respect of the Court and subject to the control of the Registrar, each Deputy Registrar shall possess, exercise and perform the same powers, functions and duties as the Registrar, and every reference in this Act to the Registrar, unless the context otherwise requires, includes a reference to each Deputy Registrar.

7. Appointment of other officers and employees - The Public Service Commission may from time to time appoint such other officers and employees of the Department as may be necessary

8. Land deemed customary land - In this Act, and in every other Act, unless inconsistent with the context, the following land shall be deemed customary land, and any interest in the following land shall be deemed interest in customary land:

(a) Any Samoan freehold land within the meaning of section 13 of the Samoan Land and Titles Protection Ordinance 1934 (as the section and Ordinance had existed prior to this Act coming into force) in respect of which the Court has made a declaration, pursuant to section 16 of the Ordinance, that such land or interest in such land be held in accordance with the customs and usages of the Samoan people.

(b) Any Samoan freehold land within the meaning of section 13 of the Samoan Land and Titles Protection Ordinance 1934 (as that section and Ordinance had existed prior to this Act coming into force) in respect of which, in terms of section 17 of the Ordinance, there has been a recital or declaration made pursuant to a Government or other grant, will, conveyance, lease, assurance or other deed or document that such land or interest is such land be held in accordance with the customs and usages of the Samoan people.

9. Declaration of certain land to be customary land - (1) Any person or the alii and faipule of any village claiming an interest in any freehold land or any land in respect of which the customary or freehold status is claimed to be in doubt, may petition the Court for an order to be made with the consent of all parties, declaring such land to be customary land.

(2) The Registrar, on payment of the fee prescribed in the First Schedule, shall publish the petition in the Savali in 2 consecutive issues, giving notice of the place, and the time or period (not being less than 3 months from the date of the first publication) for filing objections by any Samoan who may be affected by the petition.

(3) The Court shall not make an order under this section in respect of land which is registered as freehold land under the Samoan Registration Order 1920 unless:

(b) Every trustee appointed to represent beneficial interest in respect of such registered interest;

(d) Every person who has filed such an objection and who claims an interest in the land in accordance with custom and usage:-

(4) The Court shall not make an order under this section in respect of any land which is not registered as free hold land under the Samoan Land Registration Order 1920 unless:

(a) Every person, not being a person to whom subsection (5) applies, who has filed an objection to the petition and who claims that the land should be so registered as freehold land; and

(b) Every, person who has filed such an objection and who claims an interest in the land in accordance with custom and usage:-

(5) For the purpose of subsection (4), the order under this section without the consent of any person who has claimed a freehold interest in the land if that person's rejected by the Commission under the provisions of the Land Titles Investigation Act 1966.

(6) If in the course of any proceedings begun under this section, it appears to the Court that any person who has objected to the making of an order under this section claims a freehold interest in the land in question, the Court may adjourn the proceedings to enable that person to make a claim in respect of the said land under the Land Titles Investigation Act 1966 and, if such application is made, the Court may further adjourn the proceedings as it thinks fit to await the decision of the Land Titles Investigation Commission in respect of the claim.

(7) Notwithstanding any provision in this section to the contrary, if the Court would have made an order but for the failure of the persons referred to in subsection (3) or subsection (4) to agree as to the matai title or the pule by which the land should be held, the Court may, with the consent of such persons, order the land to be customary land by consent and shall thereupon, or at an adjourned hearing proceed to hear and determine the question of the matai title or the pule.

(8) Any order made pursuant to this section shall be forwarded to the Registrar of Lands who shall make such amendments in the land register as may be necessary.

10. Surveys-(1) Whenever the Registrar is of the opinion that a survey is necessary to define any land or boundary the subject of a petition under this Act or in respect of which an application for a pulefaamau has been made, he may request the Director of Lands to survey such land or boundary, at a time to be appointed by the Director of Lands.

(2) Notice of the time and date appoint served shall be the Registrar on all parties to the petition, and shall be of the heading and form numbered 1 and 2 in the Second Schedule.

(3) It shall be the duty of the person making the survey to define the land or boundary in dispute in accordance with the direction of the parties to the dispute present or represented at the survey.

(4) Every plan prepared and certified by the person who made the survey shall be accepted in evidence in Court without further proof.

(5) Nothing in this section shall limit the power of the Court to order a survey to be made at any time in respect of any matter before it.

11. Transmission of judgments, etc. concerning customary land to Land Register - The Registrar of the Court shall transmit to the Land Register every judgment of the Court concerning the title or status of any customary land or interest in such land, and every order or declaration made under sections 8 and 9.

(b) To enter in the Land Register a memorial showing that the land or interest to which the judgment, order or declaration relates is customary land or interest subject to this Act.

(2) The Land Registrar shall not accept for registration nor shall he register any instrument of title affecting any customary land unless every document affirming the Court's judgment, order or declaration is annexed or endorsed on the instrument.

13. Trust instruments may be registered in respect of customary land - Notwithstanding clause 14 of the Samoan Registration Order 1920, it shall be lawful for the register an instrument operating merely by way of trust in respect of any customary land registered under this Act.

14. Pulefaamau claims and intention to appoint - any Samoan who claims a pulefaamau or who intends to appoint any person to be the holder of a matai name or title may give notice of such claim or intention to the Registrar at the office of the Court in Savaii or Upolu.

15. Publication of claim in Savali - The Registrar, on being satisfied that the claim or intention is bona fide, and upon receiving the fee prescribed in the First Schedule shall publish particulars of the claim or the intention to make an appointment in 2 consecutive issues of the Savali.

16. Form of publication - (1) Publication of the particulars of the claim or the intention to make an appointment shall be in such form as the Registrar shall prescribe.

(2) Each publication shall contain a notice fixing the time or period (not being less than 3 months from the date of the first publication) and the place at which objections to the pulefaamau or to the appointment may be lodged by any Samoan who may be affected by the claim or the appointment.

17. Procedure if objection lodged - (1) The Registrar, on receiving any objection shall, as soon as practicable, prepare, sign and file a petition to the Court for determination.

(2) The person objecting shall pay to the Registrar, on the day he files his objection, the fee prescribed in the First Schedule.

18. Procedure if no objection lodged - If there is no objection to a claim for a pulefaamau or to the proposed appointment the Registrar shall, as soon as practicable after the time fixed for lodging objections, prepare, sign and file a petition to the Court for confirmation.

19. Jurisdiction over pulefaamau where there is no objection - (1) The Court, sitting without Samoan Judges or Assessors, shall have jurisdiction, ex parte, to confirm wholly or in part, and with or without modification, any claim for a pulefaamau or the making of any appointment against which an objections has not been lodged, and every confirmation shall enure for all purposes as a final decision of the Court.

(2) Any claim or proposed appointment confirmed under this section may be set aside, in proceedings under Act, for reason of error, misconduct or bad faith.

20. Definition of rightful holder - In this Part, where not inconsistent with the context, "rightful holder" means a person who:-

(a) Has been appointed the holder of a matai name or title by and in accordance with the customs and usages of the Samoan people, including appointment thereto in pursuance of a judgment of the Court, or of an interim order made under the provisions of this Act; and

(b) Has had the traditional ceremony of appointment in the village to which that name or title belongs, and

(c) Has been recognised as the rightful holder of the matai name or title in question, by the Registrar under subsection (5) of section 23 or by the Court under subsection (6) or (7) of that section 23.

21. Wrongful user an offence - Any person other than a rightful holder who uses a matai name or title, or permits himself to be addressed by a matai name or title, or otherwise acts as the holder of a matai or title, commits an offence for which, on conviction, he is liable to imprisonment for 12 months.

22 Register of Matais - (1) There shall be kept ion the Court by the Registrar a register to be called the Register of the Matais, and no entry shall be made or deleted from the Register except by the Registrar, or by his direction.

(2) There shall be entered in the Register, in accordance with the provisions of this Part, the names and titles of such persons as are from time to time the rightful holders of Samoan names or titles, together with such other particulars as may from time to time be rules, and if none, by the Registrar.

(3) The Registrar shall cause the name or names of any person to be deleted from the Register if:

(a) It is proved to the satisfaction of the Registrar that that person has died, or has vacated the matai name or title in question, or that the entry was made pursuant to an incomplete or defective folio forwarded by a Pulenuu under the provisions of subsection (2) of section 23, or that the entry was otherwise made in error; or

(4) Where the Registrar is satisfied that the appointment to a matai name or title has not been made in accordance with the customs and usages of the Samoan people he shall prepare sign and file a petition for the Court to determine whether or not the matai name or title in question should be deleted from the Register, and each such petition shall be treated, with any necessary modification, as if it were a petition filed under section 42:

PROVIDED THAT no name or title entered on the register on or before the first day of January 1977 shall be subject to petition pursuant to this subsection.

(5) Notwithstanding anything in this or any other Act, any matai name or title registered on or before the first day of January 1977 that has been deleted since that date from the Register pursuant to section 30(4) of the Samoa Land and Titles Protection Ordinance 1934 (as that provision had existed prior to its repeal on the 14^th day of November 1978) shall be restored to the Register and deemed for all purposes not to have been deleted.

(6) Notwithstanding anything in this or any other Act, any matai name or title registered since the first day of January 1977 that has been deleted from the Register but in respect of which a petition filed pursuant to the provisions of section 30 (4) of the Samoan Land and Titles Protection Ordinance 1934 (as that provision had existed prior to its repeal on the 14th day of November 1978) has not been determined by the Court, shall be restored to the Register and deemed for all purposes not to have been deleted.

(7) Subsection (3) shall apply whether the name or names were entered in the Register before or after the coming into force of this Act.

(8) Where the Registrar causes the name or names of any person to be deleted from the Register under subsection (3), and that person is still alive, the Registrar shall notify that person in writing of the deletion and of that reason for the deletion.

(9) Any person may, within one month after receiving a notice in writing under subsection (8), petition the Court against the deletion of his name or names by signing and filing with the Registrar a petition stating reasons, and each such petition shall be treated, with any necessary modifications, as if it were a petition file under section 42, and any petition under this subsection shall be heard and determined by the President sitting alone.

(10) The Registrar shall obey and give effect to any order of the Court made under this section.

23. Duties of appointee, Pulenu'u and Registrar - (1) Every Samoan who shall, after the coming into force of this Act, be appointed to be the holder of a matai name or title (in this section referred to as "the new appointee"), shall, within 7 days of the holding of the traditional ceremony of appointment, give notice in writing thereof to the Pulenu'u of the village in which that ceremony was held, and to the Registrar.

(2) Within 14 days after the Pulenu'u of any village learns that a traditional ceremony of appointment to a Samoan name or title has been held in his village (whether by receipt of a notice in writing pursuant to subsection (1) or otherwise), he shall take the following action:

(a) Ascertain whether or not that village is the village to which that name or title belongs;

(b) Enter and sign in triplicate in a book to be kept by him for the purpose, in such form as the Registrar shall prescribe, the particulars of the traditional ceremony of appointment to the name or title, including whether or not the village in which it has been held is the village to which that name or title belongs;

(d) Hand or Forward to the new appointee from the book the duplicate folio containing those particulars; and

(e) Retain in the book the triplicate folio containing those particulars for at least 10 years from the date of the entry.

(3) The Registrar may, at any time or times, by notice in writing to the new appointee, requisition for any further information he may deem necessary.

(4) The Registrar on receiving a notice in writing pursuant to subsection (1) or on receiving an original folio containing particulars pursuant to Subsection (2), and on being satisfied that the notice or folio is bona fide, shall publish in 2 consecutive issues of the Savali particulars thereof as are sufficient to identify the matai name or title and the new appointee, as if the notice or folio were notice of a claim to a pulefaamau and as if section 16 were applicable.

(5) If no objection is lodged within the time limited in the notice as required by section 6, then, if the Registrar is satisfied both that the traditional ceremony of appointment of the new appointee has been held in the village to which the name or title belongs, and that the appointment complies with the other customs and usages of the Samoan people, the Registrar shall, by issuing to the new appointee a certificate in a form prescribed by the Registrar, recognised the new appointee as the rightful holder of the matai name or title to which he has been appointed, and enter his name or names in the Register of matais accordingly.

(6) If the Registrar is not satisfied as to the matters specified in subsection (5), he shall, by notice in writing to the new appointee, refuse to recognise him as the rightful holder, and shall direct and ensure that the name or names of that appointee be not entered in the Register of Matais.

(7) The new appointee may, within one month after receiving a notice in writing from the Registrar declining to recognise him as the rightful holder, petition the Court, by signing and filing with the Registrar a petition in writing stating reasons, and each such petition shall be treated, with any necessary modifications, as if filed under section 42

(8) The Registrar, on receiving any objection lodged within the time limited in the notice as required by section 16, shall require the objector, as soon as practicable, to prepare, sign all the Court for determining the objection and deciding of the matai name or title in question.

(9) The Registrar shall make no entry in the Register of matais in respect of any matter submitted to the Court under subsection (7) or (8) except by order or direction of the Court.

(10) No objection under this Part shall be made by the Court, in respect of any appointment to a matai name or title which has been confirmed by the Court under section 19.

(c) Including any Pulenuu, who, without lawful excuse, makes default in the performance of any duty imposed on him by section 23;-

commits an offence for which, on conviction he is liable to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months.

25. Land and Titles Court continued - (1) There shall continue to be a Court of record called the Land and Titles Court, which shall be the same Court as that existing under the same name prior to the commencement of this Act.

(2) In addition to the jurisdiction and powers expressly conferred on it by this Act, the Court shall have all the powers that are inherent in a Court of record.

26. President, Judges and Assessors of the Court - The Land and Titles Court shall consist of:

(a) A President who shall be the Chief Justice or a Judge of the Supreme Court; and

27. Deputy Presidents - (1) The Head of State, acting on the advice of the Judicial Service Commission, shall from time to time appoint such Samoan judges as he thinks fit, to be Deputy Presidents.

(2) Any such appointment may at any time, and in like manner, be revoked by the Head of State.

(3) Subject to the direction of the President, a Deputy President may preside over sittings of the Court, and exercise such other functions of the President as may from time to time, in respect of a particular case or matter be directed by the President.

28. Qualifications of Samoan Judges and Assessors - No person shall be appointed a Samoan Judge or an Assessor of the Court unless:

(b) He is considered by the Judicial Service Commission to be qualified for appointment by reason of character, ability, standing and reputation;

29. Appointment of Samoan Judges - (1) The Head of State, acting on the advice of the Judicial Service Commission, shall from time to time appoint Samoan Judges.

(2) Each Samoan Judge shall hold Office until he attains the age of sixty five years:

PROVIDED THAT the Head of State acting on the advice of the Judicial Service Commission may extend for not more than twelve months or for successive period each of not more than twelve months the period or periods of office of a Judge who has reached the age of 65 years:

PROVIDED FURTHER THAT no such extension shall be granted except after receipt by the Judicial Service Commission of a satisfactory medical certificate under the hand of a senior medical officer designated by the Secretary for Justice.

(2A) Any order extending the period of office pursuant to subsection (2) of this section may be made before or after the Judge has attained the age of 65 years.

(2B) Nothing done by a Samoan Judge in the performance of his functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this section to retire or that his term of office has expired.

(3) The office of Samoan Judge maybe held in conjunction with any other judicial office in Western Samoa.

(4) The Head of State, acting on the advice of the Judicial Service Commission, may at any time by order remove a Samoan Judge for inability or misbehaviour

(5) A Samoan Judge may resign his office by writing under his hand addressed to the Head of State.

30 Role of Samoan Judges - Samoan Judges shall be entitled to be heard on all questions before the Court, and to examine any party or witness in the proceedings, and shall also advise the Court on any question referred by the Court to them.

31. Appointment of Assessors - (1) The Head of State, acting on the advice of the Judicial Service Commission, shall from time to time appoint not less than 10 persons to be Assessors of the Court.

(2) It is the responsibility of the Registrar to keep a list of Assessors and to administer their appointment.

(3) The President, or Deputy President, shall of Assessors, not more than 2 Assessors for each sitting of the Court.

(4) The Head of State, acting on the advice of the Judicial Service Commission, may at any time revoke the appointment of any Assessor.

(5) An Assessor may resign his office by writing under his hand addressed to the Head of State

31. Oath of Office - (1) An oath in the form appearing subsection (3) of this section shall be taken by every Assessor as soon as may be after his acceptance of may be after the commencement of this section and no Judge or Assessor shall enter on his office or as the case may be continue in his office until he has taken the same.

(2) The oath to be taken under this section shall be administered in the case of a Samoan Judge, by the President, and in the case of an Assessor by the President or by a Deputy President.

(3) The oath referred to in subsection (1) of this section shall be in the following form:

"I .........., swear by Almighty God that I will well and truly serve the Independent State of Western Samoa in the office of ................, in accordance with the Constitution and the law; and I will do right to all manner of people, without fear or favour, affection or ill will."

32. Salaries and allowances - Every Deputy President, Samoan Judge and Assessor shall be paid out of moneys appropriated by the Legislative Assembly such salary, allowance or other benefit, travelling expenses and other costs as may be fixed by the Head of State by order, acting on the advice of Cabinet, after Cabinet has received the recommendations of the Judicial Service Commission.

33. Seal of Court - (1) The Court shall have in the custody of the Registrar and each Deputy Registrar the seal of the Court.

(2) The seal in use at the commencement of this Act shall continue to be the seal of the Court.

(3) The form of the seal may from time to time be determined by the Registrar, with the approval of the Minister.

34. Jurisdiction of the Court - (1) The Court shall continue to have all the jurisdiction it exercised prior to this Act coming into force.

(b) To make orders or declarations in respect of Samoan names and titles as may be necessary to preserve or define the same, or the rights or obligations attaching to those names and titles in accordance with the customs and usages of the Samoan race and all laws in force in Western Samoa with reference to customs and usages;

(c) in all claims and disputes between Samoans relating to customary land, and the right of succession to property held in accordance with the customs and usages of the Samoan race.

35. Exercise of jurisdiction - (1) Unless otherwise provided in this Act, the Court shall not exercise any jurisdiction conferred on it unless there is present:

(2) The number of Samoan Judges and Assessors shall not be less than 4 for the hearing of any case.

(3) If in respect of any hearing the President, or as the case may be, the Deputy President considers that the interests of justice or the importance of the case requires it, he may require any number of Samoan Judges or Assessors, in addition to those specified in subsection (1), to compose the Court.

(4) The composition of the Court for the hearing of any case shall not be changed until the Court has given its final decision.

36. President or Deputy President to preside - (1) The President shall decide in every case whether he or Deputy President shall preside.

(2) When not presiding as Deputy President, every Deputy President shall sit as a Samoan Judge.

(2) Subject to subsection (1), the Court shall decide all matters in accordance with what it considers to be fair and just between the parties.

38. Petitions for exercise of Court's jurisdiction - Subject to any express provisions of this Act as to the making of applications or petitions, the jurisdiction of the Court in any matter may be exercised on the petition of any person claiming a bona fide interest, or on the petition of the Registrar.

39. Sittings of the Court - (1) The time and places of sittings of the Court shall be determined by the Registrar after consulting the President.

(2) The Court itself, while sitting to hear any matter, may from time to time adjourn the hearing to any other time or place.

(3) Two or more Courts constituted in accordance with this Act may sit at the same time in the same or different districts, and each court shall have all the powers and jurisdiction of the Land and Titles Court.

40. Notice of sittings to be published - Notice of every sitting of the Court shall be published in the Savali at least 21 days before the commencement of each sitting.

41. Form of notice - Every such notice shall be in the form numbered 3 in the Second Schedule and shall state:

(b) The names of the parties to each petition - application - appeal or other proceedings to be heard at the sitting and the nature of the relief sought.

42. Institution of proceedings - (1) All proceedings may be instituted in the Court by oral or written notice of the matter in dispute given by any interested Samoan to the Registrar.

(2) On receiving notice under subsection (1), the Registrar shall prepare a petition in the form numbered 4 in the Second Schedule showing:

(4) The petition, if filed in the office of the Court in Savaii, shall as soon as practicable be transmitted to the Registrar in Apia.

(5) Upon the filing of a petition the Registrar shall set it down for hearing at the next available sitting of the Court.

43. Commencement of proceedings - Proceedings before the Court shall commence on the filing of the petition.

44. Preparation of petition by Solicitor - A petition or other document in connection with any proceedings before the Court may be prepared on behalf of any party by a Solicitor.

45. Service of petition - (1) The petition shall be served by an officer of the Court on every party to the proceedings.

(2) There shall be attached to every copy of the petition for service a summons to the respondent in the form numbered 5 in the Second Schedule requiring the respondent to appear at the hearing of the petition.

46. Unpublished petition - A petition which has not been notified in accordance with section 41 shall not be heard except by leave of the Court given on terms and conditions which the Court may impose.

47 Practice and procedure - (1) The rules of the Supreme Court shall determine the practice and procedure of the Land and Titles Court unless inconsistent with or inapplicable to the provisions of this Act.

(2) In any matter of practice or procedure e not provided for, or where the strict compliance with any rule of practice or procedure may be equitable or inconvenient, the Court may act in each case in such manner as it considers to be most consistent with natural justice and convenience.

48. Rules of Court - (1) The Head of State, acting on the advice of Cabinet, may from time to time by Order make rules of the Court as are consistent with this Act for the purpose of regulating the practice and procedure of the Court in all matters within its jurisdiction, and prescribing the fees payable in respect of the proceedings of the Court.

(2) Rules made under this section in relation to fees may prescribe conditions on which such fees may in any case be refused or remitted by the Court.

49. Interim orders by President - Upon the commencement of any proceedings and pending the final determination of the petition by the Court, the President sitting alone may make, either ex parte or otherwise, such interim orders as he thinks fit as to the possession of the land, or the using of the title, or the exercise of the right to which the petition relates.

50. Interim orders by Registrar - If the Registrar is satisfied that a dispute has arisen between Samoans which is within the jurisdiction of the Court and is likely to be the Subject matter of proceedings under this Act, he may, with the concurrence of the President or 2 Samoan Judges at any time before the commencement of proceedings, make such order as he thinks fit to restrain any Samoan from:

51. Duration of interim order by Registrar - (1) Any order under section 50 may be made ex parte or otherwise, and shall remain in full force and effect until the final judgment of the Court.

(2) The President may at any time after the commencement of proceedings, upon the application of any party affected by an order made under section 50, modify, vary or rescind the order.

(3) The Registrar may at any time before the commencement of proceedings, upon the application of any person affected by an order made under section 50, modify, vary or rescind the order.

52. Effect and enforcement of interim orders - Every order made under section 49 or section 50 shall be deemed an order of the Court, and shall be enforceable accordingly.

53 - 62 Repealed by section 2 of the Land and Titles Amendment Act 1983 (No. 8)

63. Final decision of the Court - (1) The final decision of the Court shall be in accordance with the opinion of the majority of the members present.

(2) In arriving at the final decision every Samoan Judge and Assessor hearing the petition shall have an equal voice.

64. Concurrence of Samoan Judges and Assessors not necessary - Subject to section 63, the concurrence of the Samoan Judges and Assessors shall not be necessary for any act of the court, and the jurisdiction of the Court shall be exercised in the same manner as if it was sitting without Samoan Judges or Assessors.

65. Delivery of decisions - Every decision shall be delivered in open Court by the President or Deputy President presiding.

66. Reasons for decisions - Every decision on a petition shall give the reasons of the Court, or the majority of its members, for the decision.

67. Form of final decision - The final decision of the Court shall be drawn up under the seal of the Court and the hand of the President or Deputy President, and the Samoan Judges and Assessors that concur in the decision, and shall be in the form numbered 6 in the Second Schedule.

68. Decision to be available to parties and the public - Copies of all decisions entered in the records of the Court shall be available to the parties and members of the public on payment of the fee prescribed in the First Schedule.

69. Final decision complete on publication - (1) As soon as practicable after delivery, the Registrar shall publish particulars of every final decision of the Court on any petition, in the Savali.

(2) The final decision shall be deemed complete upon publication under subsection (1).

70. Effect of final decision - Subject to an appeal under Part IX every final decision of the Court on a petition shall be deemed to be judgment in rem and shall bind all Samoans who are affected by it whether parties to the proceedings or not.

71. Decisions and orders not reviewable by other Courts - Subject to this Act, no decision or order of the Court shall be reviewed or questioned in any other Court by way of appeal, prerogative writ or otherwise howsoever.

72. Orders as to costs - (1) In any proceedings the court may make such order as it thinks just as to the payment of the costs of the proceedings, or of any matter incidental or preliminary to the proceedings, by or to any person who is a party to the proceedings.

(b) That any petition, claim, action, application or objection in respect of the proceedings is frivolous or vexatious -

it may, if it thinks fit, irrespective of the result of the proceedings, allow any party the whole or any part of his costs in defending or disputing the frivolous and vexatious proceedings.

(3) In any proceedings and at any stage of the hearing, the Court may require any party to deposit any sum of money as security for costs, and in default of making the deposit the Court may stay the proceedings either wholly or in respect of the party in default.

73. Commencement of orders - (1) Every order made by the Court shall take effect on a date or dates to be specified in the order.

(2) In the absence of any specified date, every order shall take effect on the date on which it is made.

74. Enforcement of decisions and orders of the Court - (1) Every decision or order of the Court shall be enforced in and by the Supreme Court or, as the case may be, by the Magistrates' Court.

(a) Every decision or order of the Court shall be deemed a judgment or order of the Supreme Court or, as the case may be, of the Magistrates' Court; and

(b) Every rule of procedure of the Supreme Court or the Magistrates' Court, and every enactment, with the necessary modifications, shall apply to every decision or order of he Court, as if the decision or order were a judgment or order of the Supreme Court or, as the case may be, the Magistrates' Court.

(3) A sealed copy of the decision or order to be enforced under this section shall be filed in the Supreme Court, or the Magistrates' Court.

75. Offences - (1) Every person commits an offence and is liable to a fine or $500 or to imprisonment for 6 months who:

(a) Disobeys any decision or order of the Court, or any order made under section 49 or 50;

(b) Uses any abusive, insulting, offensive or threatening words or behaviour in the presence of the Court, or writes any such words to a member or officer of the Court;

(c) Assaults, resists, obstructs, or incites any other person to assault, resist, or obstruct, any constable, surveyor, or officer of the Court in serving any process of the Court or executing any decision or order of the Court, or any order made under section 49 or 50;

(d) By any words or behaviour obstructs in any manner the proper and orderly administration of justice in the Court;

(e) Fails to appear on a summons relating to the hearing of any proceedings before the Court;

(f) Being a party to a petition, fails to be present at the time and place appointed for a survey under section 10.

(2) Proceedings in respect of every offence under this Act shall be taken in the Magistrates' Court.

76. Right to Appeal - (1) Subject to subsection (2), any party to any proceedings may appeal against any final decision or order of the Court.

(2) There is no right of appeal against a decision or order made under section 49 or 50, or under sections 72(2) or 75.

77. Constitution of Court to hear appeals - (1) The Court to hear any appeal shall consist of:

(2) The Samoan Judges shall be appointed in respect of each appeal, being Judges who had not been members of the Court at the hearing of the petition in the matter on appeal.

(3) So far as is practicable, the President shall be the Chief Justice or other Judge of the Supreme Court who had not been a member of the Court at the hearing of the petition in the matter on appeal.

(4) The Court hearing every appeal shall have all the powers and jurisdiction of the Land and Title's Court.

78. Leave to appeal - (1) No appeal shall be lodged without the leave of the President.

(2) In granting leave the President may order a stay of proceedings under the final decision or order.

79. Grounds for appeal - (1) Leave to appeal may be granted on any of the following grounds.

(a) That new and material evidence had been found since the hearing of the petition of which the applicant had no knowledge, or which could not reasonably have been adduced at the hearing of the petition;

(b) That the successful party had been guilty of such misconduct in relation to the hearing of the petition as to affect the result of the case;

(c) That a witness had been guilty of such misconduct in relation to the hearing of the petition as to affect the result of the case;

(d) That a member or officer of the Court had made a mistake or misconducted himself in relation to the hearing of the petition as to affect the result of the case;

(e) That the Court did not have jurisdiction to make the final decision or order;

(f) That the decision or order is wrong in law or not in accordance with custom and usage;

(g) That the decision or order was manifestly against the weight of the evidence adduced at the hearing of the petition.

(2) Notwithstanding subsection (1) leave to appeal shall not be granted unless the President is of the opinion that some substantial wrong or miscarriage of justice has occurred.

80. Application for leave to appeal - (1) Every application for leave to appeal shall be made to the Registrar in the form number 7 in the Second Schedule.

(2) The application shall state whether the appeal is against the whole or any part of the final decision or order. The part complained of shall be specified.

(a) After 21 days from the date of delivery of the Court's final decision or order; or

(b) After the expiration of such further time as may be allowed by the President on application made not later than 2 months after the date of delivery of the Court's final decision or order.

82. Security for appeal - The applicant on the day he files his application shall pay to the Registrar $100 as security for the appeal.

83. Service of application on other parties - The Registrar shall prepare and serve on all other parties to the proceedings a copy of the application for leave to appeal.

84. Opposition to application for leave - (1) Any party wishing to oppose the application shall, within 21 days after receiving a copy of the application under section 83, file with the Registrar an answer stating his opposition and the reasons for it.

(2) The Registrar shall as soon as practicable prepare and serve a copy of the answer on the applicant.

85. Hearing of application for leave - (1) The application for leave to appeal shall be heard before the President on a date to be notified to each party by the Registrar in the form numbered 8 in the Second Schedule.

(4) The President may make such order on the application, and as to costs or otherwise, as he thinks fit.

86. Notice of hearing of appeal - The Registrar shall give notice of the hearing of every appeal in accordance with sections 40 and 41.

87. Non-prosecution of appeal - (1) If the appellant does not prosecute his appeal with due diligence any other party may apply to the President to dismiss the appeal.

(2) If the appellant does not appear at the time appointed for hearing his appeal the Court as constituted under section 77 may dismiss the appeal.

(3) In respect of subsections (1) and (2) the President or the Court may order the appellant to pay costs to any party.

(2) The Registrar shall prepare and produce to the Court hearing the appeal the full record of the proceedings, and all evidence given at the preliminary hearing, the hearing of the petition and the hearing of the application for leave to appeal.

(3) The Court in its discretion may rehear the whole or any part of the evidence referred to in subsection (2).

89. Powers of the Court on appeal - In addition to the powers conferred under this Part, the Court hearing every appeal may, on completion of the hearing:

90. Decision on appeal to be final - The decision of the Court under this Part is final.

91. Fees - (1) Fees for the matters specified in the First Schedule shall be paid to the Registrar.

(2) All fees payable under this Act may be prepaid in cash, and the Registrar may refuse to take any action or accept any petition, objection or other document unless all fees have first been paid.

(3) The Head of State acting on the advice of Cabinet may by Regulations from time to time amend, add to, or vary the Schedule to this Act or any provision therein.

92. Solicitors not entitled to audience - Except as referred to in section 44, no solicitor shall have or be entitled to appear or be heard before the Court.

93. Records of Department - Subject to any direction from the Minister, the Registrar shall keep or cause to be kept proper records of and in relation to the Department.

94. Records of the Court - (1) The Registrar shall keep or cause to be kept records of or in relation to the Court, and of every proceedings before the Court, as required by this Act or as may be prescribed by Rules, or by the President.

(2) No person shall have access to the records of the Court except with the permission of the President, or the Registrar

95. Repeal - The Samoan Land and Titles Protection Ordinance 1934 is repealed.

96. Savings and transitional - (1) All proceedings commenced under the Samoan Land and Titles Protection Ordinance 1934 and pending at the coming into force of this Act may be continued and completed under the corresponding provisions of this Act.

(2) All records, instruments, nominations, appointments, warrants, decisions, orders and generally all documents and acts of authority originating under the Ordinance repealed, and which are subsisting and in force on the coming into force of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act and accordingly shall, where necessary, be deemed to have so originated.

(3) The repeal of the Samoan Land and Titles Protection Ordinance 1934 shall not affect any claim, title, right or interest created or vested under the Ordinance, nor any instrument or document in support, and every such claim, title, right, interest, instrument or document shall continue in force and have effect as if this Act had not been passed or as if made or done under the corresponding provisions of this Act.

(4) The repeal of the Ordinance shall not affect the terms and conditions on and subject to which any person held office as a member or officer or staff of the Court immediately prior to the commencement of this Act.

FIRST SCHEDULE Sections 9 (2), 15, 17, 68 and 91
ITEM ACTION FOR WHICH FEE PAYABLE	AMOUNT
1. Filling petition, to include of summons and services	$30.00
2. Hearing (including sealed copy of decision to each party)	$10.00
3. Each additional copy of decision	$2.00 plus 40 sene per page
4. Application for leave to appeal, to include order thereon and service of notice to parties.	$15.00
5. Each single and general search, per file	$2.00
6. Survey	As ordered by the Court
7. Application for pulefaamau, or intention to appoint, to include publication in Savaii and petition to confirm	$75.00
8. Hearing on confirmation of pulefaamau (no objection having been lodged)	$40.00
9. Survey unless certified for greater or lesser amount by the President.	$100.00
10. Objection to a pulefaamau	$50.00
11. Release of Court proceedings, per file	$10.00 plus 40 sene per page.
12. Priority Hearing Fee (in addition to item 2)	$200.00
13. Adjourment Fee	$300.00

TAKE NOTICE that a survey of the land in dispute in these proceedings has been ordered by the Court and that a surveyor will commence such survey on the ........................ day of ................... 19 ....... at .............. o'clock in the ........... noon.

TAKE FURTHER NOTICE that if you fail to be present at the said land on the arrival of the surveyor and to point out to him the boundaries thereof as known to you, you will be in contempt of Court and liable to imprisonment or to a fine.

DATED this .......................... day of............................... 19.......

1. The next sitting of the Land and Titles Court will commence at the Court House at ................ on .......... the .... day of ................ 19 ..... at ...... o'clock in the noon.

2. The petitioners to be heard at the sitting and the dates fixed for the hearing of their petitions are as follows.

NO.	NAME OF PETITIONER	NAME OF RESPONDENT	SUBJECT MATTER	RELIEFS SOUGHT	DATE OF HEARING
1	Siaki	Ioane	Title Tasi	That Siaki be declared the rightful holder of the title Tasi	1^st January 1981
2	Siaki	Ioane	Land called Fanua	That Siaki be declared the pule of the land called Fanua	2^nd January 1981.

Notice is also given that any Samoan who is interested in any matter to be determined by the Court should attend at the hearing and claim to be made a party to the proceedings because every final decision of the Court will bind all Samoans whether they be named as parties or not.

The Petition of (name of petitioner) informs this Court that (here state in paragraphs the nature of the claim or dispute) and the petitioner prays that this Court will order (here state relief sought) so that right will be done in this matter according to the laws and customs of Western Samoa.

YOU ARE HEREBY summoned to appear before this Court at the Court House at .............. on the ........... day of ......... 19........ at ........... o'clock in the ......... noon when the Court will hear and determine the matters referred to in the annexed petition.

1. Disobedience of this summons by you is a contempt of Court and is punishable by fine or imprisonment.

2. If you do not appear the Court will hear and determine the petition in your absence and you will be bound by the decision of the Court.

3. You will be entitled to call such witnesses at the hearing as you consider necessary for the purpose of opposing the petition.

4. If you are in doubt as to any matter concerning this summons or the petition or any matter connected with these proceedings you should visit without delay the Registrar of the Court in Apia or Tuasivi either of whom will advise you fully on any matter which you may submit to them.

This decision is final in terms of the Land and Titles Act 1980. It may be appealed. Anyone committing a breach of it is in contempt of the Court and liable to imprisonment or a fine.

1. I (here state name of party making application) hereby apply for leave to appeal against the final decision of the Court given on the ............... day of ........... 19..........

2. I wish to appeal against the whole (or part of the decision) (The part of the decision complained of must be specified).

(General Heading)
NOTICE TO PARTIES ON
APPLICATION FOR LEAVE TO APPEAL

1. Take notice that (here state name of party applying for leave) has applied for leave to appeal against the final decision of the Court given on the ....... day of ......... 19.......

2. Take further notice that this application will be heard before the President at the Court House at ........ on the ........ day of 19...... at .............. o'clock in the .......... noon and that you are entitled to appear to oppose the granting of the application.

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TITLE
1. Short title
2. Qualifications of Samoan Judges and Assessors
3. Appointment of Samoan Judges
4. Appointment of Assessors
5. Oath of Office
6. Fees
7. Validations

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:

1 Short Title - This Act may be cited as the Land and Titles Amendment Act 1992/1993 and shall be read together with and deemed part of the Land and Titles Act 1981 (hereinafter referred to as the principal Act).

2. Qualifications of Samoan Judges and Assessors - The provisions of this section have been incorporated into section 28 of the principal Act.

3. Appointment of Samoan Judges - The provisions of this section have been incorporated into section 29 of the principal Act.

4. Appointment of Assessors - The provisions of this section have been incorporated into section 31 of the principal Act.

5. Oath of Office - The provisions of this section appear as section 31A of the principal Act.

6. Fees - The provisions of this section have been incorporated into section 91 of the principal Act.

7. Validations - the extension of the term of office of every Samoan Judge who attained the age of 65 years and whose term was extended before the commencement of this Act shall be deemed to have been effected pursuant to section 3 of this Act and shall be as valid for all purposes as if this Act had commenced before such extension occurred.

The Land and Titles Act 1981, no.8 appearing in this reprint comprises that Act amended as indicated below:

Section 5(1): The amendment contained in section 11 and the Schedule to the Public Service (Special Posts) Act 1989, No. 14 has been incorporated into this section.

Sections 28, 29, 31: The additions and amendments contained in sections 2, 3 and 4 and the additional section 31A in section 5 of the Land and Titles Amendment Act 1992/1993, No. 17 have all been incorporated into these sections or added to the principal Act.

Section VII: All of this Part of the principal Act, comprising sections 53 to 62 inclusive, has been repealed in accordance with section 2 of the Land and Titles Amendment Act 1983 No. 8.

Sections 72, 76,77: The amendments contained in sections 3, 4 and 5 of the Land and Titles Amendment Act 1983 No. 8 have been made to these sections.

Section 91: The amendment contained in section 2 of the Land and Titles Amendment Act 1988, No.20 has been incorporated into this section and a new sub-clause (3) added pursuant to section 6 of the Land and Titles Amendment Act 1992/1993 No. 17.

First Schedule: A new First Schedule replaces the existing First Schedule in accordance with section 3 and the Schedule to the Omnibus Charges and Fees Amendment Act 1991, No. 22.

Consolidated Acts of Samoa 1996

Land and Titles Act 1981