In re Rangitaku 49F2D, Takitumu [2013] CKLC 4; App79.2013 (23 April 2013)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)
APPLICATION NO. 79/13

IN THE MATTER of Section 409A of the Cook Islands Act 1915

AND

IN THE MATTER of an Application for an Order laying out a Right of Way on the land known as RANGITAKU PART SECTION 49F2D, TAKITUMU

AND

IN THE MATTER of an Application by MARTIN IRO
of Rarotonga
Applicant

Hearing date/s: 15 April 2013

Counsel: Ms J Wi-Kaitaia for the Applicant

Date: 23 April 2013

JUDGMENT OF JUSTICE WILSON ISAAC

[1] This application for laying out a right of way was heard on 15 April 2013. At that time I adjourned the application to chambers and made the Order as sought subject to counsel filing a detailed plan of the right of way.

[2] Counsel has now filed the plan as requested and I confirm my Order as follows:

"That a right of way be granted to the applicant, his invitees and his assigns from Rangitaku 49F2D as described in a Deed of Lease between the landowners and Martin Iro dated 16 January 2006 to the Main Road as shown in diagram B attached to this Order."

[3] A copy of this Order is to be sent to counsel for the applicant, Martin Iro.

Wilson Isaac, J

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