In re Application by Paterson Paiti [2013] CKLC 10; Application 14.2012 (30 April 2013)

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

Application No. 14/2012

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

AND

IN THE MATTER of an Application for Rehearing

AND

IN THE MATTER of the lands known as ARERENGA SECTION 6, ARORANGI, ARAPAURANUI SECTION 87C, ARORANGI and VAITU AND PUATIKI SECTION 84A1B, ARORANGI ("the Lands")

AND

IN THE MATTER of an application for amendment of Succession Orders

BY PATERSON PAITI JUNIOR for and on behalf of the issue of VAINETUTAI TE ARIKI PAITI (A.K.A PATERSON PAITI) (DECEASED)
Applicant

JUDGMENT OF THE CHIEF JUSTICE

[1] By way of Minute (No. 2) of the Chief Justice dated 25 January 2013 I referred this matter to the Land Division of the Court for a Report.

[2] In my Minute I indicated some reservation as to whether I had jurisdiction in the circumstances and specifically asked the Reporting Judge to address those concerns in any Report.

[3] I have now received a Report from Isaac J fong a hearing conducted cted on 15 and then 19 April 2013. I am very grateful to the Judge whose expertise in this area is undoubted. While, of course, the question of jurisdiction is a matter e to assess, the opinion ofon of Isaac J who, in New Zealand, si t as the Chief Judge of the Maori Land Court, is entitled to great respect.

[4] Isaac J is of the opinion that the application is within jurisdiction and that orders should be made rms of [28] of his Report. ort.

[5] I have carefully considered his Report and I agree with its conclusions. Accordingly, I make orders sought in terms of paragraph [28] which I now set out:

"That there be a succession order vesting the interest of VAINETUTAI TE ARIKI PAITI aka PATERSON PAITI (md) as from the 18 October 2008 in the following persons:

1 David Paterson Paiti m.a

2 Maria Louise Shakespeare Paiti f.a

3 Lucy Anne Paiti f.a

4 Paterson Paiti m.a

5 Mary Paiti f.a

6 Louise Pricilla Paiti f.a

7 Andrew Ka Paiti m.a

8 Angela Paiti f.a

9 William Joshua Paiti m.a

10 Phillip Charles Paiti m.a

11 Belinda Paiti f.a

12 Amy Jacinta Paiti f.a

13 Benjamin Emmanuel Paiti m.a in equal shares"

[6] The Report is attached as an Appendix to, and forms part of, this Judgment.

Dated 30 April 2013 (NZT)

Weston CJ

APPENDIX

REPORT BY JUSTICE WILSON ISAAC