Aitutaki Producers Association v Minister of Agriculture of the Cook Islands [2006] CKHC 24; Plaint23.2006 (13 December 2006)

THE HIGH COURT OF THE COOK ISLANDS

HELD AT RAROTONGA
(CIVIL DIVISION)
PLAINT NO. 23/06

BETWEEN

MARAEARA TEKII AND ON BEHALF OF THE AITUTAKI PRODUCERS ASSOCIATION, a duly incorporated organization under the Incorporated Societies Act 1994, and having its registered office at Arutanga, Aitutaki
Plaintiff

AND

THE MINISTER OF AGRICULTURE OF THE COOK ISLANDS, in his capacity as Minister responsible for the Ministry of Agriculture of Rarotonga
First Defendant

AND

THE ATTORNEY GENERAL OF THE COOK ISLANDS, in his capacity as the legal representative of the Government of the Cook Islands and the First Defendant, of Rarotonga
Second Defendant

AND

THE GOVERNMENT OF THE COOK ISLANDS
Third Defendant

Counsel:
Mr T Vakalalabure for Plaintiff
Mr T Elikana for First, Second and Third Defendants

Dates of hearing: 6,7,11,12 and 13 December 2006
Date of judgment: 13 December 2006

JUDGMENT OF NICHOLSON J

Having heard evidence and submissions for the reasons in my oral decision I order that –

1. The machinery and equipment purchased with the grant to the Aitutaki Producers Association Incorporated which are in the possession of Ministry of Agriculture be delivered by it to a person named in a resolution of a General Meeting of the said Association within 14 days of it receiving a copy of such resolution.
   
2. Costs lie where they fall.
   
3. Any party may apply on notice to the other parties for directions if any dispute arises relating to the implementation of this judgment.
   

CM Nicholson J

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.