In re Short [2005] CKHC 1; Application 633 of 2004 (16 March 2005)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)

Application No. 633/04

IN THE MATTER of Section 409(f) of the
Cook Islands Act 1915

AND

IN THE MATTER of the Tribal Title known
as ENUA RANGATIRA

AND

IN THE MATTER of an application by
TUPE SHORT

Mr Short, applicant.
Mrs T Browne for Pa Tepaeru Upokotini Ariki, objector.

Date of hearing: 15 March 2005
Date of decision: 16 March 2005

DECISION OF SMITH J

Mr Tupe Short has made application to the Court for a determination that he is a proper person to hold the Enua Rangatira Tribal Title.

In support of the application Temaru Raetea Beniamina, claiming to be the holder of the Title Kainuku Ariki, gave evidence that he had conferred the title Enua Rangatira under Kainuku Ariki on Tupe Short on the 29th may 2004. An investiture took place subsequently as is evidenced by photographs produced.

Tangaroa, who claimed to be the taunga for Kainuku Ariki also gave evidence in support.

A genealogy produced by Tupe Short purported to show the blood line from Tupe Short back to Kainuku Tamako. There does not however appear to be any reference to Enua in this genealogy.

Mrs Browne in her submissions stated that the Tribal Ttile Enua Rangatira flows from Enua, and produced a genealogy showing that.

Mr Short disputed the genealogy but conferred that he did not appear to connect to Enua, other than through the Pa Ariki line. However, his claim is to a title through Kainuku and not Pa Ariki.

The genealogy produced by Mrs Browne showed three lines flowing from the original Enua. First the Enua line, secondly the Pa line and finally the Manavaroa line. She said that she had received instructions from this latter line also to oppose Mr Short’s appointment.

There appears to be some doubt over the validity of Mr Beniamina’s claim to the Kainuku Ariki title. He admitted during cross examination that his appointment had not been confirmed by the Court, stating that confirmation was not needed.

It was suggested however that there are possibly two other people claiming that title.

Like all Tribal title in the Cook islands the proper endowment of the title depends upon the correct customary bestowal. Traditionally the Kopu to elect to this title are the descendants of Enua, and they were not consulted. Despite Mr Short’s suggestion that if there is trouble in the tribe an Ariki can elect someone to the title this Court does not accept that the descendants of Enua do not have a part to play.

Because Mr Short is not descended from Enua, and because he was elected by Kainuku Ariki instead of the Kopu this Court cannot accept that he is a proper person to hold the title Enua Rangatira.

The application is dismissed.

N F Smith
JUDGE