Beren v Iro [2012] CKLC 12; Application 3.2009 (1 October 2012)

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

[Land 533/2002]

Application No. 3/2009

IN THE MATTER of Section 390A of the Cook Islands Act 1915

AND

IN THE MATTER of the land known as TUROA Section 27A Takitumu

AND

IN THE MATTER of an Application by ARTHUR BEREN for a rehearing
Applicant

AND

IN THE MATTER of TEAVA IRO (For the Family)
Respondent

JUDGMENT OF THE CHIEF JUSTICE

[1] I have issued several Minutes on this file. The most recent was that dated 21 June 2011 referring the matter to the Land Division for a Report. I have now received a report from Savage J dated 21 Aug012.


[2] The original application was filed on 30 September 2009. The application concerns an order made by Hings160;J dated 12 March 2004. That was a partition order. The challenge is not so much to the the partition order itself but to the relative interests granted by the Court. It is not, thus, precluded by section 390A(10).

[3] Savage J reports that it is common ground between the parties that there should be a rehearing of the earlier partition order. Accordingly, I set aside the decision of Hingston J dateMarch 2004 and directirect that there be a rehearing. There will need to be further evidence.

[4] It seems to me there should now be a formal order of the Court sealed. That should include any necessary steps in order to progress the rehearing. I direct that Mr Moore, in conjunction with the respondents, settle a draft Order and submit it to me for my approval (via the Registrar).

Dated 1 October 2012 (NZT)

Tom Weston
Chief Justice