Maeva v Hosking [2007] CKHC 11; Application 286, 538 of 2007 (18 July 2007)

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

APPLICATION NO. 286/2007,538/2007

IN THE MATTER of an application for
succession to TE TUA
HIRO – TETUAIRO
- TETUAHIRO -
TETUAHIRO A NGARIU
TEREI

AND

PITO MAEVA
Applicant for 286/2007

AND

TARA UA MARETA RIA
Applicant for 538/2007

AND

ATURANGI HOSKING
ANDREW HOSKING
TERE CARR
RONGO PRESTON
BLONDIE SHORT
Objectors

All Applicants and Objectors in person

Date of hearing: 18 July 2007
Date of decision:

DECISION OF SMITH J

[1] The deceased, Te Tua Hiro died in Tahiti on the 27th April 1987.

[2] All applicants and objectors seem in accord that the deceased had no issue. There is dispute however in the parentage of the deceased claimed to be a descendant of Ngariu and Teuraiarua.

[3] There are a number of genealogies in the land records, 19/387, 4/119 and 12/354.

[4] At MB 5/228 on 26.1.17 it is recorded that Toromona m New Guinea and Ngaiu m issue of Ngata f who married Ngariu.

[5] At MB 12/354 the Court granted a succession order in respect to the interest of Ngariu to Te Tua Hiro solely.

[6] Then at MB 19/387-388 an application for succession to Te Atuairo deceased, orders were made in favour of Te Tua Hiro a Ngariu ¼, Kimi Te Atuairo ¼ issue of Vai ¼ and Noo Te Atuairo $1/4.

[7] The issue of Vai include Taurangi Poupouare the mother of the Hosking objectors. No provision was made for Solomona who appears on the genealogy upon which the Court relied.

[8] The Applicant in 38/07 in the supporting genealogy records “Solomona m.d” issue in Papua New Guinea.

[9] In view of the conflicting genealogy and the absence of adequate evidence as to who is entitled, this Court declines to make an order at this stage.

[10] Adjourned to next Court. Meanwhile applicants and objectors will file fresh submissions properly supported by genealogy that can be corroborated from Minute Book references.

N F Smith
Judge