In re Pokoinu Sections 227 - 228, Nikao [2012] CKLC 4; App122.2010 (4 October 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)
APPLICATION 122/10

IN THE MATTER of Section 421 and 423 of the Cook Islands Act 1915

AND

IN THE MATTER of the uninvestigated land referred to on the survey plan as POKOINU SECTIONS 227 & 228, NIKAO

AND

IN THE MATTER of an application by MOKOTUA MAKITAU
First Applicants

APPLICATION 338/11

AND

IN THE MATTER of an application by the descendants of VAKATINI TEANUANUA TEREKURA

Second Applicants

APPLICATION 339/11

AND

IN THE MATTER of an application by the descendants of TUPA & Others
Third Applicants

APPLICATION 472/11

AND

IN THE MATTER of an application by the blood descendants of MAKEA ARERA TEANUANUA TEREKURA VAKATINITINI & Others
Fourth Applicants

APPLICATION 482/11

AND

IN THE MATTER of an application by for Investigation of Title to customary land by the successors of MAKEA TAKAU
Fifth Applicants

APPLICATION 76/12

AND

IN THE MATTER of an application for Investigation of Title to customary land by TARAARE MATAIAPO & Others
Sixth Applicants

APPLICATION 421/12

AND

IN THE MATTER of an application for Investigation of Title to customary land by the blood descendants of MAKEA DAVIDA & MAKEA TE VAERUA
Seventh Applicants
APPLICATION 434/12

AND

IN THE MATTER of an application by PHILIP NICHOLAS
Eighth Applicant

Date: 4 October 2012

JUDGMENT ON APPLICATION FOR SECURITY FOR COSTS

[1] I have before me an application for security for costs in the sum $5,000 per applicant to be paid into Court by Friday 5th October 2012.

The substantive application is for investigation of title of customary land. The intitulment itself gives an indication that the matter is hotly contested.

This application was filed on Monday 1st October 2012. Trial is set down for Monday 8th October 2012 to run for four days.

[2] In an application such as this where Cook Islands Maori assert what they believe to be their customary rights it would be rare indeed for security for costs to be ordered and in any event the application is filed far too late and is inappropriate at this stage in proceedings. It would be unreasonable to expect the parties to have to make urgent and substantial financial arrangements with the hearing only days away.

[3] The application is declined.

Patrick Savage J

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