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Samoan Status Act 1963

LAWS OF WESTERN SAMOA

SAMOAN STATUS ACT 1963

ANALYSIS

Title

1. Short Title
2. Samoan custom and usage
3. Interpretation
4. Court may declare a person Samoan
5. Register of declared Samoans
6. Eligibility to hold a matai title
7. Status of matai titles already held by Europeans
8. Offences
9. Saving existing rights in land
10. Repeals and other savings
Schedule

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1963, No. 14

An Act to amend the law as to Samoan status and as to eligibility to hold a matai title

[19 December 1963

1. Short title - This Act may be cited as the Samoan Status Act 1963.

For eligibility to hold a matai tide, see s. 6 of this Act.

For definition, duties, and registration of Matais, see the Samoan Land and Tides Protection Amendment Act 1969.

For the Samoan Land and Titles Court, see Part VII of the Samoan Land and Titles Protection Ordinance 1934, as amended by the Samoan Land and Titles Protection Amendment Ordinance 1937: this Court decides disputes in respect of customary land law, which includes matai tides.

N.B.: The Commission set up under the Land Titles Investigation Act 1966 has no authority to make any determination or order as to the ownership or control of customary land; see s. 20 of that Act.

2. Samoan custom and usage - The provisions of this Act are hereby declared to be in accord with Samoan custom and usage.

3. Interpretation - (1) In this and every other Act and Ordinance, unless inconsistent with the context -

"Samoan" means a person who is a citizen of Western Samoa; and has any Samoan blood.

(2) In this Act, unless inconsistent with the context, -

"Court" means the [Samoan] Land and Titles Court:

"Land" means customary land:

"Registrar" means the Registrar of the Court.

Cf. 1934, No. 1, s.9

"Court": The word "Samoan" has been inserted to accord with s.34 of the Samoan Land and Titles Protection Ordinance 1934, and pursuance to s.3 (f) of the Reprint of Statutes Act 1972.

4. Court may declare person a Samoan - The Court may, at any time and on the petition of any person, enquire and declare whether or not the petitioner, and his children under the age of 18 years, are Samoans, and effect shall be given to each such declaration for all purposes and in all Courts.

5. Register of Declared Samoans - (1) There shall be kept in the Court by the Registrar a "Register of Declared Samoans" in which shall be entered by the Registrar the full names and addresses of all persons declared by the Court to be Samoans, and the dates of such declarations.

(2) The Register may be inspected by any person at any time during office hours on payment of a fee of [20 sene].

6. Eligibility to hold a matai title - Subject to section 7 hereof, no person other than a Samoan shall be eligible -

(a) To hold a matai title; or

(b) To hold the pule over any land; or

(c) To use any land as of right other than under any lease, licence or mortgage which may be permitted by any Act; or

(d) To participate in the rents or profits of any land other than under any lease, licence or mortgage which may be permitted by any Act; or

(e) To acquire any estate or interest in any land by virtue of any gift, devise or bequest, or otherwise than by virtue of any lease, licence or mortgage which may be permitted by any Act.

Cf. 1934, No. 1, s.9

7. Status of matai titles already held by Europeans - Where at any time prior to the coming into force of this Act a matai title was validly conferred on a person who was a European at the date of conferment, and that title was made a complimentary honour by the operation of section 8 of the Samoan Status Ordinance 1934, and that person is still holding that title on the coming into force of this Act, he shall hold that title thereafter, notwithstanding the repeal of that Ordinance, as a complimentary honour only.

The Samoan Status Ordinance 1934 was repealed by s.10 (1) of this Act.

8. Offences - Except as provided in section 7 hereof, every person other than a Samoan who permits a matai title to be conferred upon him, or uses a matai title in address, or permits himself to be addressed by a matai title, or otherwise acts as the holder of a matai title, in breach of the provisions of section 6 hereof, commits an offence and is liable to a penalty not exceeding [$100].

Cf. 1934, No. 1, s. 7

9. Saving existing rights in land - Nothing in this Act shall affect any right in or over any land which may have been lawfully acquired before the commencement of this Act, whether or not in accordance with Samoan custom and usage.

Cf. 1921, No. 16, s. 278

10. Repeals and other savings - (1) The enactments set out in the First Schedule to this Act are hereby repealed.

(2) The enactments set out in the Second Schedule to this Act shall cease to form part of the law of Western Samoa.

(3) [Sections 19 and 20 of the Acts Interpretation Act 1974] shall apply to the enactments set out in the said Second Schedule as if they had been repealed by this Act.

In subs. (3), ss. 19 and 20 of the Acts Interpretation Act 1974, being the corresponding enactments in force at the date of this reprint, have been substituted for ss. 20, 20A, and 21 of the Acts Interpretation Act 1924 (N.Z.)

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SCHEDULES

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FIRST SCHEDULE

Section 10(1)

The Samoan Status Ordinance 1934.
The Samoan Status Amendment Ordinance 1941.

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SECOND SCHEDULE

Section 10(2)

The Samoan Registration of Europeans Regulations 1920 (N.Z.).
The Samoa Registration of Europeans Regulations Amendment 1935 (N.Z.).
The Samoa Act 1921: Section 3: The definitions of the terms "European", "Polynesian" and "Samoan", the last as substituted by the Statutes Amendment Act 1944, section 57 (N.Z.).
The Statutes Amendment Act 1944, section 57 (N.Z.).

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The Samoan Status Act 1963 is administered in the Prime Minister's Department.