Rotarine v Ineti [2003] KIHC 235; Land Review 16 of 2002 (3 April 2003)

IN THE HIGH COURT of KIRIBATI
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

HIGH COURT LAND REVIEW 16 OF 2002

BETWEEN:

ROTARINE

AND:

INETI & ARIRAOI, TARAKIA & UENIKAI

MR B BERINA FOR THE APPLICANT
MR DAVID LAMBOURNE, SOLICITOR GENERAL FOR THE ATTORNEY GENERAL, AMICUS CURIAE

DATE OF HEARING: 3 APRIL 2003

ANSWER
(Ex Tempore)

By minute dated 1 September 2002 the Single Magistrate has asked for assistance in respect of a Native Adoption.

Native Adoption is a matter for the Magistrate's Court and this Court does not wish to be in the position of deciding matters of fact in an adoption case. We therefore merely set out principles by which the Magistrate's Court should be guided as S.9 of the Lands Code is silent.

First, the Court should be satisfied that the proposed adoption be in the interests of the child to be adopted. Will it be to the advantage of the child rather than to his or her detriment?

Secondly, the Court should be satisfied that the proposed adoption is in accordance with custom. To be satisfied that it is acting in accordance with these principles, the Court may need to hear evidence both regarding the interests of the child and the observance of custom.

We return the matter to the Single Magistrate to be dealt with in accordance with this advice.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE-TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE