Matua v Manarangi [1998] CKHC 1; APPLICATION 306.1998 (14 August 1998)

IN THE HIGH COURT OF THE COOK ISLANDS

HELD AT RAROTONGA

APPLICATION NO: 306/98

NOOROA MATUA
Applicant

AND:

NONO MANARANGI
Respondent

Counsel: Mr. Matua in person forApplicant
Mr. Mitchell for the Respondent

Date of Hearing: 14 August 1998 (Fiji Time)
Date of Decision: 14 August 1998

DECISION OF DILLON J.

Mr Matua late yesterday 13 August (Fiji time) filed an amendment to his original application for the temporary discharge of the original injunction dated 29 October 1994. Initially he applied for partial dispensation for a week to enable his Investiture ceremony to be held at Para-o-tane and the surrounding grounds of Taputapuatea on Friday 14 August 1998 (Cook Islands time).

Mr Matua’s new application to-day is for a partial dispensation for 24 hours only.

Inspector Tini in evidence today advised the court that unlike the situation existing in 1994, he did not have the same concerns and apprehensions of a serious breach of the peace.

Mr Mitchell appeared for Mr Nono Manarangi and strenuously opposed the application and insisted on the court adhering to the decision it had made on 11 August 1998 - that was that no applicants for the Makea Nui Ariki Title use the Palace or the grounds until such time as the Court had finally confirmed who was entitled to the Ariki Title.

Mr Mitchell also applied for the application to be adjourned because of the short notice (he had only been served with the papers this morning).

Mr Matua submitted that his application was both fair and reasonable in that his request was limited to one day only. He did however concede that Mr Mitchell only had notice of his application earlier this morning.

Mr Matua claims to have been “appointed by my Makea Tribe” Kopu Ariki “on the 15th April 1998". However he has not provided any explanation or submitted any reasons for the delay of 4 months in now making this urgent application 24 hours before his investiture. The Court explained this position to Mr Matua and the necessity for the postponement of his investiture to a later date and for his application to be likewise adjourned. While he said that he understood the explanations provided by the Court he indicated that because of the arrangements already made the investiture would now be carried out at a different location. This was the procedure adopted by Ina Nui when her investiture took place in 1994.

Mr Matua’s application will therefore be adjourned to 14 September 1998.

Dillon J.