Jones v Tini [2014] CKLC 3; Application 15.2012 (14 March 2014)

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

Application No. 15/2012

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

AND

IN THE MATTER of the land known as
AKAOA Section 7 Arorangi

AND

IN THE MATTER of an Application by
ANGELA JONES on behalf the successors to Ngainangaro for a rehearing of a Succession Order made on 16 April 2012
Applicants

AND

IN THE MATTER of
MARY PETER TAYLOR TINI
Respondent

JUDGMENT OF THE CHIEF JUSTICE

[1] The applicant filed this section 390A application on 19 December 2012.

[2] On 24 January 2013 I issued a Minute directing further steps to be taken. Those steps were subsequently taken. On 8 April 2013 I referred the matter to Isaac J in the April sitti the Lahe Land Division of this Court.

[3] Isaac J heae matter on 18 and 19 d 19 April 2013 and, on 4 March 2014 reported to me in terms of the attached report.

[4] Byrandued 11 March 2014 2014 Mr Moore invited me to make a complete succession order on the basis asis that there was general agreement as to the genealogy. I do not believe I have jurisdiction to do that and decline the invitation.

[5] I now make Orders in terms of paragraph [25] of the Report. That is, the Succession Order of 16 April 2012 is amended to read to "Mary Peter Taylor Tini limited as to her interest".

[6] I reserve the question of costs. If these cannot be agreed I will receive memoranda from the parties.

Dated 14 March 2014 (NZT)

Tom Weston
Chief Justice