Iakopo v Koligi [2019] NUHC 1; Land Division 10807 (27 February 2019)

IN THE HIGH COURT OF NIUE
(LAND DIVISION)

Application No. 10807

IN THE MATTER of Part Tukaiavi, Alofi District

BETWEEN MERRY ANO LUI IAKOPO, ALBERT MOHELANGI, HARRY B IKITOELAGI, JOHN T IKITOELAGI, HILDA LUI ISAIA, METRICK IKITOELAGI
Appellants

AND: KOLIGITAMA FALANI KOLIGI of Alofi and Auckland, New Zealand

Respondent

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JUDGMENT OF THE COURT

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[1] Merry Anno Lui Iakopo seeks an adjournment of this matter to November 2020.

[2] The reasons given for wanting an adjournment include:

1. That there is an emergency family matter that concerns the family that she must attend to in New Zealand;
2. The urgent problem is a concern to the majority of the family;

100. For those reasons she asks that the matter be adjourned to 2020.

4. Koligitama is to make sure that he should seek the Leveki Mangafaoa authority for all Mangafaoa issues.
5. The Leveki Mangafaoa also wishes to have a meeting with the Mangafaoa to grant some land to Koligitama for his house but it is not the land in question here.
6. That all land matters with the family should be directed first to the Leveki Mangafaoa in this way. It is more respectful for both parties.
7. This matter should be dealt with by the Leveki Mangafaoa not resolved before the Court.
   

[3] The adjournment is opposed on the basis that:

1. Matters now raised by the applicant that the Mangafaoa should resolve the issue have previously been heard in Court 24 November 2015 and addressed by Judge Reeves in her decision of 12 October 2017. The applicant has demonstrated previous attempts to stall and delay the advancement by the respondent. The applicant presents no specific urgent, extraordinary or compelling factual evidence legal or otherwise to justify an extension of time.
   

[4] The application before the Court is for a rehearing. The respondent and applicant attended a Court hearing on 24 November 2015. Justice Reeves delivered a decision dated 12 October 2017.

[5] The applicant filed an application for rehearing on 25 October 2017.

[6] The rehearing matter was set for hearing for 5 March 2018. It was adjourned.

[7] The matter was further adjourned from November 2018 to March 2019.

[8] The applicant now asks that the matter be adjourned to November 2020.

[9] This matter has been with the Court for some time. The reasons given for the extension appear to be in main so a family issue can be resolved.

Decision

[10] To adjourn the matter to November 2020 would be to allow a significant delay for the resolution of this matter.

[11] In balancing all matters the Court is minded to allow some time for the applicant to seek resolution. While not allowing the matter to be delayed for too long.

[12] In fairness to all parties the matter is adjourned to November 2019.

Dated at Rotorua, New Zealand/Aotearoa on the 27^th day of February 2019.

C T Coxhead
CHIEF JUSTICE