AMB: Cook Islands Native Appellate Court Reports

The decisions of the Native Appellate Court of the Cook Islands from September 1948, taken from the Court’s own Appellate Minute Books with the evidence the Court heard, each report with a headnote and the minute-book page where every point is found. Cited by book and page: (1949) 1 AMB 266 is Appellate Minute Book 1, page 266, decided in 1949. The reports are free to read and free to cite.

The court and its books

Before the court, 1888 to 1902

From the Protectorate of 1888 until 1902 the Ariki courts decided disputes over land in Rarotonga. No record of their decisions has been located beyond those reported in the newspapers Te Torea and Ioi Karanga. The High Court Act 1898 of the Federal Parliament created a High Court for the Federation, with exclusive jurisdiction in offences against Federal laws and in cases between foreigners, or between foreigners and Māori, and with power to take cases transferred from the district courts; Chief Judge Gudgeon heard cases concerning land under it, and the Civil Record Book 1899–1915, in the Ministry of Justice records at the National Archives, is the only summary of what the court did. The Statute of Mangaia 1899, the Statute of Rarotonga 1899 and the Statute of Atiu, Mauke and Mitiaro 1899 gave the island judges jurisdiction in land cases, with an appeal to the Chief Judge of the High Court; the Statute of Aitutaki 1899 (s 50) set up a separate land court of the Resident European Magistrate and two assessors, one chosen by each party. The Islands Statutes Amendment Act 1900 (s 8) empowered the High Court to order the survey of land and to ascertain and inscribe on its rolls the owners of any block. No record of the island judges’ decisions has been located.

The Land Titles Court and its successors

The Cook and Other Islands Land Titles Court was established by the Order in Council of 7 July 1902 under the Cook and Other Islands Government Act 1901; its Rules and Regulations were made by Chief Judge Walter Gudgeon on 31 October 1902. The Cook Islands Government Act 1908 renamed it the Cook Islands Land Titles Court; s 368 of the Cook Islands Act 1915 renamed it the Native Land Court from 1 April 1916, when that Act came into force; s 57(4) of the Cook Islands Amendment Act 1964 (New Zealand) made it the Land Court of the Cook Islands from 17 November 1964; and the Judicature Act 1980-81 made it the Land Division of the High Court. There was no appeal from the Land Titles Court: under Part III of the 1901 Act the court could rehear any claim or matter, every rehearing to be before at least two judges. The Cook Islands Act 1915 (ss 157 and 172) gave a right of appeal from each court to the Supreme Court of New Zealand, and the 1901 Act (s 4) had already provided an appeal from the High Court of the Cook Islands to the Supreme Court of New Zealand and then to the Court of Appeal. The minute books of the Land Titles Court and its successors are cited as MB, by book and page: (1923) 9 MB 284.

The Native Appellate Court and its three books

Section 19 of the Cook Islands Amendment Act 1946 (New Zealand), in force from 12 October 1946, provided for a Native Land Appellate Court to hear appeals from the Native Land Court, and the Land Appellate Court Rules followed (SR 1947/163). The court’s own minute books begin in September 1948, when the rehearing jurisdiction given by s 32 of the 1946 Act brought the first sittings recorded in Appellate Minute Book 1. There are three books, to 1970, cited as AMB by book and page: (1949) 1 AMB 266 is Appellate Minute Book 1, page 266. The court became the Land Appellate Court of the Cook Islands by s 57(4) of the Cook Islands Amendment Act 1964 from 17 November 1964. The Court of Appeal of the Cook Islands was established in 1981 by Article 56 of the Constitution, inserted by the Constitution Amendment (No 9) Act 1980–81, and appeals from the Land Division now lie to it.

Appellate Minute Book 4

The appellate decisions on land and titles after Book 3, from the Land Appellate Court and then the Court of Appeal on appeal from the Land Division, are gathered as a fourth section of this series, the editor’s compilation. Its decisions are cited by their own record, (1994) CA 5/93 or [2016] CKCA 2; the reports are the same files as on the Ariki Title Reports page, so a decision appears in both places.

How the books are reported here

Each report sets the judgment first and the evidence of the hearing after it, as the court’s books do. The reasons are retyped from the handwritten and typed pages; the paragraph numbers are the editor’s, added so that a point can be cited; a word that could not be read with confidence is marked [?]; and pages 3 to 6 and 38 to 57 of Book 1 are not on the microfilm and are not available. Readers who can read a doubtful word are asked to say so through Have your say.

The reports, in order of the minute books

One row per decision, in the order of the book, each with its own anchor (#amb-1-266 for (1949) 1 AMB 266) so that a note, a submission or another report can point to it. The catchwords and the one-line précis are the editor’s and are being checked by the author; the Report column opens the report. Appellate Minute Book 1 covers September 1948 to August 1950, Book 2 1950 to 1957 and Book 3 1957 to 1970. Where two or more decisions begin on the same page they share one report file and the later rows carry the anchors -b and -c.

Appellate Minute Book 1

Citation	Land, title or matter	Decided	Judges	Catchwords	Précis	Report
(1948) 1 AMB 69	Te Ravaki section 107A, Avarua	28 September 1948	Morison J presiding, Harvey and Morgan JJ	Succession; lineage and descent; paternity.	Two rehearings have already been decided on the merits; dismissed	Report
(1948) 1 AMB 84	Rangikomo section 106E, Nikao, Avarua	4 October 1948	Native Appellate Court (the bench is not named on the typed decision; signature illegible)	Occupation; tribute; custodians; jurisdiction and rehearing.	Rehearing granted, limited to the rival claims of Karotai Meangiti and the descendants of Ratu through Tuatepaeru; dealings prohibited	Report
(1948) 1 AMB 95	Arerenga section 90L, Arorangi	5 October 1948	McCarthy CJ and Harvey J	Life interests; lineage and descent.		Report
(1948) 1 AMB 102	Arepepe section 67, Avarua	7 October 1948	McCarthy CJ, Morison, Harvey and Morgan JJ	Occupation; house sites; jurisdiction and rehearing.	The Akonoanga Oire, the mission-village house-site custom, does not apply; Arepepe was never a mission village	Report
(1948) 1 AMB 105	Kauarikirangi section 62, Avarua	7 October 1948	McCarthy CJ, Morison, Harvey and Morgan JJ	Life interests and ariki title land; occupation.	Rehearing of the 1905 order refused. The nine “planters, life interest only” are not entitled to absolute interests	Report
(1948) 1 AMB 107	Ikurangi section 131, Avarua	7 October 1948	McCarthy CJ, Morison, Harvey and Morgan JJ	Life interests; jurisdiction and rehearing.	Rehearing of the 1906 order refused, for the reasons given in Kauarikirangi 62	Report
(1948) 1 AMB 117	Tumu rangatira title, Avarua	12 October 1948	Morison and Harvey JJ	Tribal and chiefly titles; succession.	Both applications withdrawn and dismissed without prejudice to a claim on the death of Mere (121, 124)	Report
(1948) 1 AMB 140	Tinomana Ariki title, Arorangi	14 October 1948	Morison, Harvey and Morgan JJ	Tribal and chiefly titles; election and investiture.	The 1934 order was spent on John Pirangi’s death	Report
(1948) 1 AMB 150	Makea Nui Ariki title, Avarua	16 October 1948	Morison, Morgan and Harvey JJ	Election and investiture; tribal and chiefly titles.	The court cannot appoint an ariki; it determines only whether one has been duly elected under custom	Report
(1948) 1 AMB 154	Tupou a Mou section 74, Avarua, Te Ravaki section 107A No 2, Avarua, Mira section 127F, Avarua, and Tutae Rupe and Puiaro section 127R, Avarua (the Rupe lands)	16 October 1948	Morison, Harvey and Morgan JJ	Lineage and descent; customary gifting; occupation.	The history of the Rupe lands, and the 1912 partition judgment quoted (154–156)	Report
(1948) 1 AMB 160	Vaimaanga section 6, Takitumu, and Tikioki section 45, Takitumu	18 October 1948	Harvey and Morgan JJ	Absentee land rights; succession; jurisdiction.	The Vaimaanga application is ultra vires, s 32 reaching only orders made before 12 October 1946	Report
(1948) 1 AMB 163	Rio rangatira title and the Rio lands, Avarua	18 October 1948	Morison and Morgan JJ	Customary adoption; tribal and chiefly titles; wills; lineage extinction.	There is no evidence that Tui I held the Rio title; the title reverts to its source, Makea Takau (163, 165)	Report
(1948) 1 AMB 169	Ruaunga section 106, Nikao, Avarua	18 October 1948	Morison and Morgan JJ	Lineage and descent; chiefly lands.	The 1905 owners were adopted children or friends put on the land by Makea Takau	Report
(1948) 1 AMB 171	Ruaunga section 106 No 2, Nikao, Avarua	18 October 1948	Morison and Morgan JJ	Lineage extinction and reversion; customary adoption; chiefly lands.	The land is Makea Nui family land from ancient times	Report
(1948) 1 AMB 180	Tukitoka section 92L, Arorangi	19 October 1948	McCarthy CJ and Harvey J	Lineage and descent; occupation; family meetings.	The courts do not favour those who neglected to assert their rights, but welcome a settlement within jurisdiction	Report
(1948) 1 AMB 181	Puakivi section 88C, Arorangi	19 October 1948	McCarthy CJ and Harvey J	Lineage and descent; family meetings.	The sole owner did not consent	Report
(1948) 1 AMB 182	Aremango section 7B2, Ngatangiia	19 October 1948	McCarthy CJ and Harvey J	Lineage and descent; customary adoption.	The 1907 award was to Karika and her kiatoa; the partition of 1917 was to four grandchildren of Unu	Report
(1948) 1 AMB 183	Ereka section 5, Matavera	20 October 1948	Morison and Harvey JJ	Lineage and descent; tribal and chiefly titles (Teurua).	The title history 1904–1947	Report
(1948) 1 AMB 184	Enuakura section 4, Avarua	20 October 1948	Morison, Harvey and Morgan JJ	Life interests and ariki title land; succession; jurisdiction and rehearing.	The 1903 award to Makea Takau was a life interest only, with no power of devise	Report
(1948) 1 AMB 186	Arepakii section 36, Avarua	20 October 1948	McCarthy CJ, Morison and Morgan JJ	Life interests and ariki title land; tribute.	As in Enuakura 4, the succession order is void	Report
(1948) 1 AMB 188	Araiava section 37, Avarua	20 October 1948	McCarthy CJ, Morison and Morgan JJ	Life interests and ariki title land; alienation.	The succession order to Te Uira Taylor, Muriel Taylor and Rangi Makea as ariki is void	Report
(1948) 1 AMB 190	Uruau section 77, Avarua	20 October 1948	McCarthy CJ, Morison and Morgan JJ	Life interests and ariki title land; tribute; occupation.	The 1905 award was to the descendants of Uritaua subject to atinga to Makea for life, with Makea’s life interest in three swamps; the succession order is void	Report
(1948) 1 AMB 201	Taratiu section 93, Avarua	9 November 1948	McCarthy CJ and Morgan J	Succession; jurisdiction.	There is nothing wrong with the 1905 order	Report
(1948) 1 AMB 202	Ngatitiare sections 91 and 92, Avarua	9 November 1948	McCarthy CJ and Morgan J	Conquest; occupation; tribute.	The 1913 partition put into orders, sealed as investigation orders, persons with no right under the 1905 order to Ngati Te Ora	Report
(1949) 1 AMB 247	Takiata section 41B, Avarua	9 August 1949 (questions stated); 12 August 1949 (dismissed)	Morison, Beechey and Morgan JJ	Customary gifting; chiefly lands; jurisdiction.	The Crown claims the land as Crown land since Cession in 1900 and the 1912 order as unnecessary. The court states ten questions of law for the Crown Law Office and the applicant (247): the nature of Makea Ariki’s gift or licence of the Parliament House site to the Federal Parliament; whether a licence to occupy was revocable; whether a gift to the Federal Government passed on Cession; whether the Land Court in 1912 had jurisdiction to declare the land Crown land, and the effect of the declaration; ss 356 and 357; s 366; whether either court has jurisdiction to determine title; s 354; s 421; and whether the customary title can now be investigated	Report
(1949) 1 AMB 248	Taua sections 102B and 102C, Atupa, Avarua	9 August 1949	Morison, Beechey and Morgan JJ	Chiefly lands; succession; tribal and chiefly titles; tribute.	The claim to 102B is dismissed for want of evidence	Report
(1949) 1 AMB 249	Marua section 20, Takitumu	9 August 1949	Morison, Beechey and Morgan JJ	Conquest; occupation.	The claim that the descendants of Takaia Taunga own the land as his share of the conquest at Te Papapa fails: there is no satisfactory evidence of occupation by his descendants; dismissed	Report
(1949) 1 AMB 262	Tamaiva mata’iapo title	15 August 1949	Morison, Beechey and Morgan JJ	Tribal and chiefly titles.	The argument that the kōpū mataiapo was “discarded” and the kōpū kiato set up as mataiapo, drawn from MB 1/363, raises no fresh material; dismissed	Report
(1949) 1 AMB 264	Arekakaia section 50A No 5, Titikaveka, Takitumu	15 August 1949	Morison, Beechey and Morgan JJ	Occupation; lineage and descent.	The 1908 award to Karika was fully contested	Report
(1949) 1 AMB 265	Vaikai section 187H, Avarua	15 August 1949	Morison, Beechey and Morgan JJ	Lineage and descent; occupation.	Descent from the common root and occupation are admitted; rehearing limited to 187H No 2; dealings prohibited	Report
(1949) 1 AMB 266	Tereora section 106B, Nikao, Avarua	15 August 1949	Morison, Beechey and Morgan JJ	Life interests and ariki title land; chiefly lands; jurisdiction and rehearing.	The 1905 order gave Makea Ariki a life interest only, and no freehold order was ever made	Report
(1949) 1 AMB 268	Ngatitiare sections 91 and 92, Avarua, and Enuakura section 4, Avarua (appeal)	15 August 1949	Morison CJ (NZ) and Beechey J	Occupation; chiefly lands; conquest.	The land is not Karika land	Report
(1949) 1 AMB 270	To rangatira title	15 August 1949	Morison, Beechey and Morgan JJ	Tribal and chiefly titles; family meetings; jurisdiction and rehearing.	A rehearing requires something new and material that could not have been placed before the former court; dismissed	Report
(1949) 1 AMB 277	Kaviri section 71, Avarua	16 August 1949	Morison, Beechey and Morgan JJ	Succession; life interests; customary gifting.	The exchange with Tutara is not made out; Kaviri is Makea Nui land and Arona was in it as Makea Takau’s adopted son (277–278)	Report
(1949) 1 AMB 280	Ngotangi section 127J, Avarua	16 August 1949	Morison, Beechey and Morgan JJ	Succession.	Owners dead without issue are a matter for succession; dismissed	Report
(1949) 1 AMB 294	Kurutoki section 10H, Ngatangiia	25 August 1949	Morison, Beechey and Morgan JJ	Jurisdiction and rehearing.	A partition order never signed and sealed has no force	Report
(1949) 1 AMB 301	Rangiura section 127K, Avarua	20 August 1949	Morison, Beechey and Morgan JJ	Customary gifting; maternal lineage land rights.	The 1906 order is noted “Makeanui being trustee only for her tribe has no power to devise”	Report
(1949) 1 AMB 302	Vaiakura section 127S, Avarua	20 August 1949	Morison, Beechey and Morgan JJ	Customary adoption; occupation.	The planters were of no blood and had no original right	Report
(1949) 1 AMB 318	Takareu section 186, Avarua	25 August 1949	Morison, Beechey and Morgan JJ	Life interests and ariki title land; succession.	A succession order following a life interest is bad, and the partition falls with it	Report
(1949) 1 AMB 319	Arepakii section 36, Avarua, Araiava section 37, Avarua, and Uruau section 77, Avarua (appeal)	25 August 1949	Morison CJ (NZ) and Beechey J	Conquest; tribute; occupation; life interests and ariki title land.	Ngati Uritaua’s 200 years’ occupation cannot have been as tenants at will (319–320)	Report
(1949) 1 AMB 324	Te Koiti Raukura section 6C, Ngatangiia	25 August 1949	Morison, Beechey and Morgan JJ	Customary adoption; jurisdiction and rehearing.	Blood relationship in adoption is the usual custom, and the burden is on the applicant	Report
(1949) 1 AMB 326	Morea komono title, Ngatangiia	25 August 1949	Morison J and Morgan J, Harvey J concurring by advice	Tribal and chiefly titles; lineage extinction.	The claim that Tuaivi was Keu’s son rests on bare assertion and confuses a later Pa Tuaivi Karika	Report
(1949) 1 AMB 336	Turamatuti section 106D, Avarua	14 December 1949	McCarthy CJ and Morgan J	Lineage and descent; occupation.	“It has been pointed out in the Native Land Court and this Court now repeats that a blood right alone is not sufficient to prove ownership of land. If it were then all persons who can trace from Tangiia (circa 1250) would have a claim to all the lands that Tangiia owned. Other factors and customs must be taken into consideration one of the most important of which was voluntary allocation of the various lands to different members of the family and subsequent occupation of these lands by the families concerned”	Report
(1949) 1 AMB 337	Kaika section 190Y, Avarua	14 December 1949	McCarthy CJ and Morgan J	Occupation; jurisdiction and rehearing.	The 1908 order on Enua’s claim “for Karika” put in Enua’s three children; nothing shows their right, and the Karika family were not in court	Report
(1949) 1 AMB 345	Opararoa section 124, Avarua	19 December 1949	McCarthy CJ and Morgan J	Customary gifting; life interests and ariki title land.	The land was originally “Vakatini” land; whether the ariki’s alone or the family’s is not disclosed	Report
(1949) 1 AMB 354	Te Aoa Katu section 191F, Avarua	29 December 1949	McCarthy CJ and Morgan J	Lineage and descent; occupation.	The claim requires descent from the grandfather of Toakainga and Akapi through a second marriage, and substantial occupation	Report
(1949) 1 AMB 355	Te Maru o Taiti section 111, Avarua (application 9)	December 1949	McCarthy CJ and Morgan J	Chiefly lands; customary adoption.	Tataraka’s adoption by Te Avaru, the original Pokino, would explain the position of the Pokino lands; the 1913 court in Tauae 97 (MB 7/42) noted that Mere “did take charge of her brother’s (Tataraka) lands for years while he was away”; Te Ariki Tavare (MB 10/255) and Willie Browne (MB 19/71) both say the land is Pokino land	Report
(1949) 1 AMB 356	Te Maru o Taiti section 111, Avarua (application 29)	29 December 1949	McCarthy CJ and Morgan J	Lineage and descent; customary adoption.		Report
(1949) 1 AMB 357	Kaikaveka section 103D, Avarua	29 December 1949	McCarthy CJ and Morgan J	Lineage and descent.	The 1905 evidence (MB 2/83–84, 87–88) shows little of how the owners obtained their rights	Report
(1950) 1 AMB 359	Kapiriterangi section 4E, Aitutaki	14 July 1950	Morgan, Beechey and Dykes JJ	Jurisdiction and rehearing; mission lands.	An application for investigation of title cannot be treated as an application for rehearing	Report
(1950) 1 AMB 360	Akamake section 112, Vaiau, Taravao, Aitutaki (appeal)	14 July 1950	Beechey and Dykes JJ	Jurisdiction and rehearing.	The notice of appeal was late	Report
(1950) 1 AMB 366	Vaeruarangi Ariki title, Aitutaki	18 July 1950	Morgan, Beechey and Dykes JJ	Election and investiture; tribal and chiefly titles.	As the court pointed out in the Makea Nui appeal (150–153), it is not the function of the Land Court to appoint an ariki; any appointment can only be made by the persons entitled under the ancient customs and usages	Report
(1950) 1 AMB 392	Ereka section 5, Matavera (appeal, hearing)	1–2 August 1950	Morgan, Beechey and Dykes JJ	Lineage and descent.	(hearing only; the decision is reported at the page the heading gives)	Report

Appellate Minute Book 2

Citation	Land, title or matter	Decided	Judges	Catchwords	Précis	Report
(1950) 2 AMB 1	Aitu Taopua v Makea Nui — Auria section 180B, Avarua	5 August 1950	Morgan, Beechey and Dykes JJ	Native land – Rehearing – Agreement by Taopua – Application withdrawn – Cook Islands Amendment Act 1946, s 32.	Application Dismissed	Report
(1950) 2 AMB 2	Heather v Tapurangi — Moraeva section 90E, Puria section 90D and Arerenga section 90C, Arorangi	7 August 1950	Beechey J presiding and Dykes J	Native land – Succession – Adoption – Appeal against succession order – Cook Islands Act 1915, ss 456–465.	Deposit to be refunded to depositor	Report
(1950) 2 AMB 11	Kaingiama v Ngapoko — Vainganau [?] section 91I, Arorangi	9 August 1950	Morgan, Beechey and Dykes JJ	Native land – Succession – Stranger without blood right – Rehearing confined to the succession – Relative interests – Cook Islands Amendment Act 1946, s 32.	Application for Rehearing Dismissed	Report
(1950) 2 AMB 16	Glassie — Mataira section 2, Oako, Vaipae, Aitutaki	12 August 1950	Morgan, Beechey and Dykes JJ	Native land – Aitutaki – Investigation of title – Applicant for investigation omitted from title – Occupation – Whether inclusion of others an alienation – Rehearing – Cook Islands Amendment Act 1946, s 32.	If Obeda had Putangi and Mawai included on the assumption that his occupation gave him some right, their inclusion was in effect an alienation by Te Tera and Obeda	Report
(1950) 2 AMB 17	Te Ariki v Cowan — Ereka section 5, Matavera	1–2 August 1950 (hearing); 12 August 1950 (decision)	Morgan, Beechey and Dykes JJ	Native land – Investigation of title – Genealogy – Genealogy specially prepared for a case – Reliability – Records of the court – Appeal – Cook Islands Amendment Act 1946, s 25.	The book of Tamarua gives no confirmation of the point that is the crux of the title	Report
(1950) 2 AMB 18	Aitu v Makea Nui — Te Kou section 126, Avarua	4 August 1950 (hearing); 12 August 1950 (decision)	Morgan, Beechey and Dykes JJ	Native land – Ariki – Life interests – Orders of the Land Titles Court including an ariki “for a life interest” with other owners – Meaning of Judge Gudgeon’s orders – Tribute – Aratiroa and arevananga – Commutation of atinga – Deed of June 1908 – Rehearing – Cook Islands Amendment Act 1946, s 32.	The title was in a state of confusion and had to go back to the Native Land Court for rehearing (18, 20)	Report
(1950) 2 AMB 21	Te Pua Kairau v Nia Rua — Te Pua rangatira title, Takitumu	7 August 1950 (hearing); 12 August 1950 (decision)	Morgan, Beechey and Dykes JJ	Chiefly titles – Rangatira title – Appointment under ancient custom – Native Land Court cannot appoint – Performing duties of office not appointment – Rehearing – Cook Islands Amendment Act 1946, s 32.	The jurisdiction of the Native Land Court over tribal titles is defined by the Makeanui case (1 AMB 150) and the Tinomana case (1 AMB 140): an appointment can only be made by the persons entitled under ancient custom, and the court cannot make one	Report
(1950) 2 AMB 22	Anguna and Ngapoko — Vakapora mataiapo title	12 August 1950	Morgan, Beechey and Dykes JJ	Chiefly titles – Mataiapo title – Rehearing – New evidence required – Credibility – Statement of Makea Takau to the Island Council, 1906 – Cook Islands Amendment Act 1946, s 32.	An applicant for rehearing must show new evidence of sufficient importance to outweigh the evidence on which the Native Land Court decided	Report
(1950) 2 AMB 51	Heather — Vaitamanga section 88F, Tokerau, Arorangi	19 August 1950	Morgan, Beechey and Dykes JJ	Native land – Rangatira title land and rangatira family land distinguished – Orders made in 1906 – Respect for original orders – Adverse occupation – Succession – Appeal – Cook Islands Amendment Act 1946, s 25.	The order was made when the elders of 1906 were alive and knew more of these matters than the present generation; for that reason alone great respect must be paid to it	Report
(1950) 2 AMB 52	Browne v Te Tauru and Teremoana — Arakuo Karika ki Uta section 38, Arakuo Makea section 35 and Arakuo Karika section 34, Takitumu	31 July 1950 (hearing); 19 August 1950 (decision)	Morgan, Beechey and Dykes JJ	Native land – Makea and Karika land in Takitumu – Blood right – Conquest – Long possession as indicia of title – Absence of opposition on investigation – Atinga as first fruits – Ariki title land in another ariki’s district – Rehearing – Cook Islands Amendment Act 1946, s 32.	A rehearing will be granted only if a change in the orders appears likely	Report
(1950) 2 AMB 54	Upoko Tangiiau v Morea — Vaitarai sections 14 and 16, Takitumu	19 August 1950	Morgan, Beechey and Dykes JJ	Native land – Avaavaroa – Conquest by seven mataiapo – Gift with reversion to donor on failure of issue – Komono – Kaimatu land – Rehearing – Cook Islands Amendment Act 1946, s 32.	If a gift with reversion had been made out, the contention would be sound: by custom common to the Cook Islands and New Zealand, land given reverts to the donor on the death of the donee or his successors without issue	Report
(1950) 2 AMB 55	Browne — Kapu rangatira title, Arorangi	19 August 1950	Morgan, Beechey and Dykes JJ	Chiefly titles – Rangatira title – Appointment by the rangatira family – Kopu ariki without power to decide – Title and title lands distinguished – Two holders of one title – Rehearing – Cook Islands Amendment Act 1946, s 32.	The court is concerned only with the title and not with the Kapu title lands	Report
(1950) 2 AMB 57	Browne v Kumu Toka and Naea Maurangi — Vaitetoko section 91A, and Tuakirikiri and Tupapunga section 91K, Arorangi	19 August 1950	Morgan, Beechey and Dykes JJ	Native land – Blood right – Genealogy not connected with that given on investigation – Occupation – Rehearing – Cook Islands Amendment Act 1946, s 32.	The applicant showed descent from a Makirau but did not connect him with the Makirau whose genealogy was given on the investigation (MB 2/253), nor show any of the names in the owners’ genealogy	Report
(1950) 2 AMB 58	Raina and Vaitoti v Makea Nui — Tuarea Nui section 40, Takitumu	17 August 1950 (hearing); 19 August 1950 (decision)	Morgan, Beechey and Dykes JJ	Native land – Makea land in Takitumu – Aratiroa to Pa and Kainuku – Ariki title land and ariki family land – Ariki cannot hold title land in another ariki’s district – Order without limitation – Succession to ariki “by virtue of his office” a mistake – Legislation needed – Rehearing – Cook Islands Amendment Act 1946, s 32.	Maretu’s journal refers to the tapere of the Makea in Takitumu; the claim that the Makea had no land there fails	Report
(1950) 2 AMB 74	Uriarau v Makea Nui — Puaao section 44, Avarua	25 August 1950	Morgan, Beechey and Dykes JJ	Native land – Ariki – Life interest as a suspensory order – Remainder not disposed of – Amending order adding remainder bad – No succession to a life tenant – Ariki title land and ariki family land – Rehearing – Cook Islands Amendment Act 1946, s 32; Cook Islands Act 1915, s 426.	The 1903 order, a life interest in the nature of a suspensory order with no remainder, was not a proper or complete order and left the freehold estate in the air	Report
(1950) 2 AMB 75	Vaitoti, Samuela and Uriarau v Makea Nui — Taputapuatea sections 72, 39, 40 and 72A, Avarua	25 August 1950	Morgan, Beechey and Dykes JJ	Native land – Koutu – Taputapuatea – Marae of Tuarea – Tribal possession held by the ariki in trust for the tribe – Ariki title land and ariki family land – Confusion of title – House site held by a stranger in blood – Rehearing – Cook Islands Amendment Act 1946, s 32.	Browne Uriarau’s claim was too indefinite and is dismissed (75, 77)	Report
(1950) 2 AMB 77	Poroi v Makea Nui — House sites in the tapere of Ngatipa, Avarua	25 August 1950	McCarthy CJ, Morgan and Beechey JJ	Native land – House sites – Atu enua – Ancient transfer of a people and their lands to Makea – Titles of great age not disturbed – Tapere boundaries – Rehearing – Cook Islands Amendment Act 1946, s 32.	The court cannot go back perhaps 200 years to restore land so lost: titles of that age, however acquired, cannot now be disturbed	Report
(1950) 2 AMB 78	Vaeruarangi v Ngati Tumu — Rarokava section 70, Avarua	25 August 1950	McCarthy CJ, Morgan and Beechey JJ	Native land – Refuge given by one people to an exile – Gift of land for absolute ownership – Occupation – Rehearing – Cook Islands Amendment Act 1946, s 32.	The records (MB 1/368, 4/261–263, 4/329–330, 5/309) show occupation by Ngati Tumu and good title	Report
(1950) 2 AMB 79	Paitai v Makea Nui — Euri section 123, Avarua	25 August 1950	Morgan and Beechey JJ	Native land – Amendment orders – Only grounds for amending an order – Order including Makeanui as Ariki bad – Rehearing – Cook Islands Act 1915, ss 388, 390, 391; Cook Islands Amendment Act 1946, s 32.	An order may be amended only for defect or error in a proceeding (s 388), on rehearing before sealing (s 390), or for fraud (s 391)	Report
(1950) 2 AMB 79	Rei and Ngamata — Vaiakura section 94 (Paetaa), Arorangi	25 August 1950	Morgan, Beechey and Dykes JJ	Chiefly titles – Kapu – Title name in an order – Life interest with no remainder – No succession to a life tenant – Title lands pass with the true line – Rehearing limited to part – Cook Islands Amendment Act 1946, s 32.	“Kapu” in the order is a title name; the order, a life interest with no remainder, is at best incomplete, and the land should have gone to the true Kapu	Report
(1950) 2 AMB 80	Paitai v Moeau — Tapauri section 93E, Vaireva section 90I and Vaiakura section 94, Arorangi	25 August 1950	Morgan, Beechey and Dykes JJ	Native land – Succession – Land to revert to the source line – Application directed at the wrong order – Applicant not prejudicially affected – Rehearing – Cook Islands Amendment Act 1946, s 32.	John Mareko Te Pini having died without issue, the land should have gone back to Ei and so to the Te Pini line; the succession to Moeau is wrong	Report
(1951) 2 AMB 110	Te Puretu v Ioteva — Areara section 17I, Matavera	23 August 1951	Harvey, Morgan and Prichard JJ	Native land – Title name “Pee” – Owners without blood right or occupation – Names struck out and added by consent – Rehearing to put status beyond doubt – Cook Islands Amendment Act 1946, s 32.	“Pee” is a title name, but it is not clear that the Pee from whom the applicant claims is the source of ownership; the minutes of the original hearing (MB 3/307) give no help	Report
(1951) 2 AMB 111	Heather and Ngatupuna — Paenui section 89B, Arorangi	23 August 1951	Harvey, Morgan and Prichard JJ	Native land – Title name Matoi – Paenui family land – Kopu ariki – Amending “freehold order” of 1943 without jurisdiction absent fraud – Rangatira in pre-Christian society – Credibility – Rehearing – Cook Islands Amendment Act 1946, s 32.	The evidence shows the land to be Paenui land, not Matoi land, so the kopu ariki’s decision on the Matoi lands has no bearing on it	Report
(1951) 2 AMB 116	Maka Kea v Te Apeu — Te Autuatea section 159, Mapumai, Atiu	27 August 1951	Harvey and Prichard JJ	Native land – Atiu – Appeal against the weight of evidence – Appellant must show the judgment demonstrably wrong – Planting and occupation – Customary obligations to the ariki.	An appellant must prove that the judgment appealed against is demonstrably wrong	Report
(1951) 2 AMB 128	Te Aruru v Pua and Tamarama — Nukupure section 3F, Ngatangiia	4 September 1951	Harvey, Morgan and Prichard JJ	Native land – Mataiapo and komono – Share of “Keu” – Adoption without blood right – Onus on applicant to show owners not descendants – Marriage gift inconsistent with original evidence – Rehearing – Cook Islands Amendment Act 1946, s 32.	Section 3F is the share of “Keu”, a komono or rangatira of Te Aia Mataiapo (MB 13/182; 18/35)	Report
(1951) 2 AMB 132	Puati v Varo — Tikioki section 46, Takitumu	4 September 1951	Harvey and Prichard JJ	Native land – Succession – Death without issue – Whether land reverts to the mataiapo – Succession made as part of a family arrangement completed by partition – Appellant who accepted the arrangement cannot attack it – Appeal – Cook Islands Amendment Act 1946, s 25.	The court cannot accept that the land of one who dies without issue reverts to the mataiapo; the one order relied on was not a parallel case	Report
(1951) 2 AMB 136	Heather — Tuoro section 87A No 5, Arorangi	6 September 1951	Harvey, Morgan and Prichard JJ	Succession – Order sealed by inadvertence while an application for rehearing was pending – Applicant entitled to be heard – Order annulled for a rehearing – Cook Islands Act 1915, s 390(4).	The applicant for rehearing (not the appellant) was entitled to be heard, though not necessarily to a rehearing	Report
(1951) 2 AMB 137	Te Puretu — Onemaru section 83E No 1, Arorangi	6 September 1951	Harvey, Morgan and Prichard JJ	Native land – Blood relationship alone not conclusive – Limit beyond which rights of ownership will not arise – Marrying out – Inclusion out of aroa – Planting – Rehearing – Cook Islands Amendment Act 1946, s 32.	If mere blood relationship were conclusive many titles could be attacked; there is a limit beyond which the court will not admit rights of ownership to arise	Report
(1951) 2 AMB 139	Ora — Akaoa section 15, Arorangi	6 September 1951	Harvey, Morgan and Prichard JJ	House sites – Akonoanga Oire – Occupation rights under the mission arrangement – Right ends and land reverts to the ariki when the family dies out – Succession – Rehearing – Cook Islands Amendment Act 1946, s 32.	Under the Akonoanga Oire, those who built houses near the church under the mission arrangement have an inalienable right to live on the land so long as their family lives on or occupies it	Report
(1951) 2 AMB 140	Tui Pori Makea v Raea — Tuara section 190F, Avarua	6 September 1951	Harvey and Prichard JJ	Fraud – Standard of proof – A fraudulent representation must at least be untrue – Raea’s written application of 1908 – Succession to Makea Daniela (Vakaatini) – Appeal.	Fraud must be proved affirmatively to the settled standard, and only then is a title vitiated	Report
(1951) 2 AMB 141	Tui Pori Makea — Te Maru o Taiti section 111, Avarua	6 September 1951	Harvey and Prichard JJ	Native land – Source of right – Rehearing of investigation – Application signed on behalf of another – Marginal note in the minute book conclusive – Adoption – Extinct line – Appeal.	The application for investigation of 6 May 1905 was signed “Makea Daniela for Te Kura”, and the order of 12 March 1906 went to Te Kura and her two grandchildren by adoption; Makea Daniela II would not have signed in that manner had he regarded himself as owner by blood right from Makea Daniela I	Report
(1951) 2 AMB 143	Aitu and Makeanui Teremoana Ariki — Takareu section 186A, Te Kou section 126B, Te Kou section 126 and Takareu section 186, Avarua	6 September 1951	Harvey and Prichard JJ	Native land – Rehearing ordered by the Appellate Court – Lower court reheard part of each block only – Rehearing of a portion is not a compliance with an order to rehear the whole – Orders annulled – Cook Islands Amendment Act 1946, s 25.	The Appellate Court cannot consider any of the four appeals until the lower court has carried out the previous orders by rehearing and giving judgment on the whole of each block; a rehearing of a portion of a block is not the carrying out of an order for a rehearing of the whole	Report
(1952) 2 AMB 144	Aitu and Makeanui Teremoana Ariki (memorandum) — Takareu section 186A, Te Kou section 126B, Te Kou section 126 and Takareu section 186, Avarua	Memorandum read out 12 February 1952	Harvey J presiding, with the concurrence of the other members of the court	Native land – Rehearing – Claimants to prove title according to native custom – Occupation and source of right – Indicia of title – Te Kou direction that Makea explain away the Deed – Full and proper enquiry – Record of proof.	The rehearings held were not a compliance with the court’s orders, which required claimants to establish title as upon an original hearing	Report
(1952) 2 AMB 180	Paparonga v Mariana Tai Marangai [?] — Te Akatanira section 11L, Mauke	1 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Blood right not denied – Explanation for failure to claim in 1907 rejected – Prima facie case – Court of rehearing directed to inquire into native custom on the rights of females to own land and the effect of their marrying into other families – Occupation to remain meanwhile – Cook Islands Amendment Act 1946, s 32.	Paparonga’s genealogy, showing a blood right from Te Ara alias Pakari (Mauke MB 2/49), was not denied by Mariana, who represents the present owners	Report
(1952) 2 AMB 181	Teemeni and others v Mariana Tai Marangai [?] — Te Akatanira section 11L, Mauke	1 September 1952	McCarthy CJ and Morgan J	House sites – Village founded in 1904 – Sites allotted to strangers by agreement with the landowners – Settlers not included in the 1907 title but listed in the minute book – Rights of settlers after forty-eight years – Rehearing to ascertain the nature of the tenure and the terms of occupation – Cook Islands Amendment Act 1946, s 32.	In 1904 a new village was founded at Kiriangatau [?], and some agreement was reached with the landowners on the tenure of the house sites allotted to the strangers; the settlers were not included in the 1907 list of owners but were listed in the minute book (Group MB 3/101)	Report
(1952) 2 AMB 182	Vaine Tutai — Makatea section 9J, Mauke	1 September 1952	McCarthy CJ and Morgan J	House sites – Akonoanga Oire – 1904 decision protecting those who built so long as they continued to occupy – Family voluntarily ceased to occupy in 1908 – Right to the house site abandoned – No prima facie case – Rehearing refused.	There is considerable doubt whether Tuaine Rima had a house site on this land, though he may have lived there for a time	Report
(1952) 2 AMB 183	Jane Tararo Ariki — Papeete section 11Q, Te Tukunga, Mauke	1 September 1952	McCarthy CJ and Morgan J	House sites – Occupation by invitation – Blood right claimed – Boundary later found to run through the house – Circumstances of building not altered by the later boundary – Rehearing ordered – Cook Islands Amendment Act 1946, s 32.	Tararo and others were awarded the land on the Makatea side of the boundary; the small area on the Te Tukunga side, named Papeete 11Q, went to Te Oriki [?] and Panao because the boundary between the tapere was found to run through their house	Report
(1952) 2 AMB 184	Jane Tararo Ariki — Makatea section 9H, Mauke	1 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Alleged conspiracy (“company”) to defeat a claimant – Public meeting of mataiapo – Police inquiry – No conspiracy shown – Sound judgment of 1922 – No prima facie case – Rehearing refused – Cook Islands Amendment Act 1946, s 32.	Whatever colour William Vivish’s evidence gave to the applicant’s story was washed away by the evidence of Dave Niorara [?] and Mana Samuela	Report
(1952) 2 AMB 190	William Vivish — Ponara section 2B and Tona and Tapeka section 2C, Mauke	3 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Genealogy not seriously challenged – Separate lands or parts of one block – Plan supports the owners – Evidence of occupation unconvincing – Applicant’s family in court in 1907 and made no claim – Rehearing refused – Cook Islands Amendment Act 1946, s 32.	The applicant’s genealogy, though not necessarily accepted, is not seriously challenged, and some witnesses admit a relationship with the present owners	Report
(1952) 2 AMB 191	William Vivish — Paepaea section 9G, Angatomu [?] section 9I and Tukuiti section 11D, Mauke	3 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Blood right not challenged – Family agreement dividing lands between branches not followed in 1907 – Descendants omitted without reason given – Rehearings ordered – Occupation to remain meanwhile – Cook Islands Amendment Act 1946, s 32.	The applicant’s genealogy showing a blood right from Te Ama [?] is not challenged in any essential part	Report
(1952) 2 AMB 192	William Vivish — Tia section 8A, Pumeua [?], Mauke	3 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Rights by blood from grandmother and grandfather – Genealogies not seriously challenged – Minutes of 1907 throw no light – Prima facie case – Rehearing ordered – Cook Islands Amendment Act 1946, s 32.	The applicant claims two rights by blood, one from his grandmother Pani and the other from his grandfather Tomaitoma [?]; his genealogies are not seriously challenged	Report
(1952) 2 AMB 193	Mata Vaevae — Takaiti section 5K, Vairuata [?], Mauke	3 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Right from the mother – Prima facie case unopposed – 1922 orders deleting and adding owners – Opportunity for all to prove their right – Rehearing ordered – Cook Islands Amendment Act 1946, s 32.	The alleged adoption of Mata Vaevae is dealt with in the decision on Tataiwaumoa and Mataruao 1J and Vaiuna 11A, (1952) 2 AMB 194; Kaveii does not enter the present case, not being related to Te Ariki Tupu	Report
(1952) 2 AMB 194	Mata Vaevae — Tataiwaumoa and Mataruao section 1J, Te Kume [?], and Vaiuna section 11A, Te Tukunga, Mauke	3 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Absent owner omitted in 1907 – Alleged adoption out – Later taken back into her own family – A will has no force or effect with respect to native land but shows the testator’s attitude – Rehearings ordered – Cook Islands Amendment Act 1946, s 32.	The genealogy is not disputed; the applicant was in Mitiaro when the lands were investigated and her name was not entered; her first cousin Kaveii later invited her back and placed her on the land, and she remained until Kaveii died (1945), when Aerenga chased her off and took her crops	Report
(1954) 2 AMB 242	Rio Taria v Tatira a Tatira — Te Kopua section 2B, Aitutaki	24 September 1954	Kay, Prichard and Smith JJ	Injunction – Co-owner collecting coconuts – Planting and old family arrangement – Title stands in both lines – No reasoning to restrain part owners from entering and occupying – Remedy, if any, by amendment of the succession order – Cook Islands Amendment Act 1950, s 16.	Even if there were an error in the succession, the title stands in the names of the issue of Tina and of Tatira, and the court knows of no reasoning by which it should by injunction restrain Tatira’s issue from entering on and occupying land in which they are part owners; appeal dismissed	Report
(1954) 2 AMB 243	Glassie Strickland v Ioteva Akatauira — Areara section 17I, Matavera	24 September 1954	Kay, Prichard and Smith JJ	Native land – Conflict of akapapa – Lower court’s conclusion on the line proved not shown wrong – 1941 order adding owners without jurisdiction – Alleged gift by the titleholder not proved – Occupation rights in an order on investigation – Ancient custom or statute – Rights to be defined – Cook Islands Act 1915, ss 421, 422; Cook Islands Amendment Act 1946, s 50.	The lower court, having studied the akapapa given over the years, found that the only line proved was that from Pee and Konini given by Ani Akatauira (MB 14/266); the appellant failed to show that conclusion wrong	Report
(1954) 2 AMB 245	Naea T. Maurangi v Takiriko — Kaikaveka section 103D, Avarua	24 September 1954	Kay, Prichard and Smith JJ	Native land – Tauiraariki title land – Rupe and Tauiraariki as title names – Feeding son put into title in 1905 – Occupation before investigation – Discrepancies in akapapa – Lower court not shown wrong – Owners of 1905 confirmed.	The appellant’s arguments on Rupe and Tauiraariki as title names added to the confusion between names of persons and titles	Report
(1954) 2 AMB 268	Makeanui Teremoana Ariki v Poko Kelly — Rangikomo section 106E, Avarua	6 October 1954	Kay, Prichard and Smith JJ	Ariki – Claim that Makea is overlord of all rangatira land in the tribe – Basis of claim not occupation – Senior member as custodian for the whole family – Atinga – Decisions on atinga do not support the claim – Lower court not shown wrong.	It is by no means clear that Teremoana is a “predecessor in title” of Karotai, but the point need not be decided	Report
(1954) 2 AMB 270	Tui Pori Makea — Successions to Edward Goodman, Timoteo and Ta: Toreaiva section 91B and Te Rakai section 91J, Arorangi	6 October 1954	Kay, Prichard and Smith JJ	Succession – Marrying out – Leaving the tribe – Loss of rights and reinstatement on return – Investigation of title distinguished from succession – Custom on succession may change – Absence in modern conditions – Time has come to define the custom – Rehearing to lay down the present custom – Cook Islands Act 1915, ss 422, 446.	The short principle of Maori custom said to apply is that a person entering another tribe loses his rights to the lands of his original tribe, extended also to prolonged absence for any other reason; but if the person returns and is readmitted this may carry reinstatement of his former rights	Report
(1954) 2 AMB 273	Tuaru Temu v Te Itinga — Otui section 10, Rakahanga	6 October 1954	Morgan, Kay, Prichard and Smith JJ	Native land – Northern Group – Occupation the most important indicium of title – Absence of occupation a strong bar – Ancient custom and usage – Whether owners in Rakahanga retain interests in Manihiki without occupation left open – The Land Laws of Manihiki, parts IV and XIV – Cook Islands Amendment Act 1946, s 25.	The evidence of occupation is overwhelmingly in favour of the Haumata line; none of the Purotu or Tereta issue live in Rakahanga	Report
(1954) 2 AMB 275	Aitu Taopua Te Ora v Makeanui Teremoana — Te Kou section 126, Avarua	6 October 1954	Morgan, Kay, Prichard and Smith JJ	Native land – Third appeal – Makea’s “life interest” – Ngati Te Ora’s ancestral land – Uninterrupted occupation for seven generations – No evidence of Makea occupation – “Custodian” not merely caretaker – Atinga a tribal custom – Deed of June 1908 an acknowledgment of Ngati Te Ora’s title – Division annulled – Whole block to Ngati Te Ora – Old family agreement on owners followed – Cook Islands Amendment Act 1946, s 25.	Te Kou was one piece of land at the first hearing (1906); if it is to be treated as two there should be clear evidence of how the division came about	Report
(1954) 2 AMB 279	Aitu Taopua Te Ora v Makeanui Teremoana — Takareu section 186, Avarua	6 October 1954	Morgan, Kay, Prichard and Smith JJ	Native land – Life interest to Makea Ariki (1908) – Deed of 1908 – Variation of title and Judge Gudgeon’s memorandum – Subsequent agreements and partition by consent not to be disregarded – Land of Ngati Te Ora, a rangatira family under Makeanui Ariki – Only the ariki could sell ariki land – Old list of owners not disturbed.	Before 1908 Takareu was one block owned by either the Makea side or the Te Ora side; joint ownership by the ariki family with the Te Ora family could not be reconciled if the Te Ora family were merely servants of the ariki, though it might be possible if they were a rangatira family of high standing, as they claim	Report
(1957) 2 AMB 292	Tuaivi Mose v Te Ariki Monga — Te Au-o-Tu islet, Manuae, Aitutaki	14 September 1957	Morgan CJ, Smith and O’Malley JJ	Rehearing under special legislation – Petition No 9 of 1953 – Te Au-o-Tu and Manuae – Principle on rehearing: sound prima facie case of prejudice from the form of the proceedings or new evidence – Extended where the legislation directs a rehearing if injustice done – Burden on the petitioner – Title standing 55 years – 1902 decision of Chief Judge Gudgeon right, fair and just – Oral accounts by a later generation unsupported by written record – Cook Islands Amendment Act 1956, s 14.	The court usually grants a rehearing if the applicant shows a sound prima facie case of prejudice from the form and nature of the proceedings, or that evidence not before the original court would probably have induced an order in his favour (292–293)	Report
(1957) 2 AMB 322	Te Ua Kura v Ruatita Pui — Enuaaraara section 295, Te Ngatangi, Atiu	23 September 1957	Smith and O’Malley JJ	Native land – Occupation without ancestral right – Wedding gift – Bare permission to occupy – Absolute interest for occupation alone – Life interest substituted – Adopted children admitted as full owners – Partition the remedy – Continuous occupation for generations – Cook Islands Amendment Act 1946, s 25.	Ruatita’s occupation does not rest on any ancestral or other right upon which claims to land are usually founded by the people of these islands; the root of title is in the Utunui line	Report
(1957) 2 AMB 392	Ani Pirangi, Napa Tauei and Rei Kapu — Re Moeau deceased: Atupare 92I No 1, Vaireva 90I No 2, Tapuuri 93E, Te Rainganuku 94M and Tapiriatua 94A1B, Arorangi	3 October 1957	Morgan CJ, Smith and O’Malley JJ	Adoption – Registered adoption “according to Native custom” (1905) – Certificate silent on land – Succession by native custom so far as it extends – Order of adoption has the effect attributed by native custom – Judge Ayson’s “Notes on Adoptions” – Family may set aside lands for an adopted child – Adopted child not of the blood has no right to lands not set aside – Source of title – Cook Islands Act 1915, ss 446, 465.	Neither the minutes nor the certificate of 1905 mention land, and there are no express words entitling Apera to succeed to Mareko’s land interests	Report
(1957) 2 AMB 395	Rei Kapu — Akaoa section 69G, Arorangi	3 October 1957	Morgan CJ, Smith and O’Malley JJ	Fraud – Application to annul an order of 1906 – Limitation Act 1950, s 4(4) – Whether Native Land Court orders are judgments – Cook Islands Act 1915, s 391 (“at any time”) the special controlling enactment – Judgment obtained by fraud a nullity – In re Taraire Block 1J No 2 – Native Land Act 1909 (NZ), s 24; Cook Islands Act 1915, s 409(a) – Appeal allowed – Hearing fee waived as of large public interest.	It is doubtful whether orders of the Native Land Court are “judgments” within the Limitation Act, but it is not necessary to decide	Report
(1957) 2 AMB 397	Tuaivi Kokaua v Te Ara Marokainga — Taua section 102C, Avarua	3 October 1957	Morgan CJ, Smith and O’Malley JJ	Injunction – Owners in common – Occupation of part for cropping an ordinary right of a co-owner – Injunction not the remedy – Partition the proper remedy – Tenant in common may not expel his co-tenant or destroy the subject.	An injunction is an extraordinary and extreme remedy and should not be granted in a case affecting the right of one owner in common to occupy a particular part of the block	Report
(1957) 2 AMB 398	Tui Pori and Ernest Taripo — Aretiki section 95, Avarua: successions to Kauae, Tui and Takau Rio	3 October 1957	Smith and O’Malley JJ	Succession – Presumption in favour of the judgment appealed from – Onus on appellant to show it wrong affirmatively – Rio land – Appeals dismissed.	In all courts there is a presumption in favour of the correctness of the judgment appealed from, and it lies on the appellants to demonstrate affirmatively that it is wrong	Report
(1957) 2 AMB 399	Tui Pori — Kaviri section 71, Avarua: succession to Tui deceased	3 October 1957	Smith and O’Malley JJ	Succession – Repeated claims – Makea land attached to the rangatira title of Rio – Deceased no longer an owner in the present title – There must be an end to litigation.	It is abundantly clear that the land is Makea land attached to the rangatira title of Rio, as several soundly based decisions show	Report
(1957) 2 AMB 400	Tui Pori — Ariki title of Makeanui, formerly held by Tinirau (deceased)	3 October 1957	Smith and O’Malley JJ	Ariki title – Application to annul the 1923 order declaring Tinirau entitled to the Makeanui title – Fraud alleged against the court of 1923 – Evidence of Anautoa (MB 9/369–371) – Unsupported assertion that the court manipulated evidence – Order spent on the holder’s death – Tinomana title case (1 AMB 140) followed.	Anautoa’s evidence is recorded in MB 9/369–371 and is clearly and unequivocally given; the assertion that he made no such statements implies that the court manipulated the evidence, an assertion so loose and extravagant, and so unsupported, that the court can pay no attention to it	Report
(1952) 2 AMB 146	Te Mata Taipumu [?] — Ikurua [?] section 7T, Mauke	22 August 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Application filed in wrong form – Applicant already in the title – Withdrawn by consent – Cook Islands Amendment Act 1946, s 32.	Application struck out by consent	Report
(1952) 2 AMB 146	Maunga — Te Akatanira section 11L, Mauke	25 August 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Withdrawn – Cook Islands Amendment Act 1946, s 32.	Application struck out	Report
(1952) 2 AMB 146	Vaine — Makatea section 9D, Mauke	25 August 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Application wrongly made – Withdrawn – Cook Islands Amendment Act 1946, s 32.	Application struck out	Report
(1952) 2 AMB 158	Jane Tararo Ariki — Makatea section 9J, Mauke	26 August 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Applicant not seeking amendment of the order – House sites to continue without interference – No case made out – Cook Islands Amendment Act 1946, s 32.	Application dismissed: no case made out	Report
(1952) 2 AMB 167	Ngapoko Samuela — Adoption of Maru by Taare [?], Mauke	28 August 1952	McCarthy CJ and Morgan J	Adoption – Appeal against a final adoption order of 1914 – Appeal does not lie.	Appeal does not lie; application dismissed	Report
(1952) 2 AMB 167	Ngapoko Samuela — Te Ngaru section 6C, Mauke	28 August 1952	McCarthy CJ and Morgan J	Native land – Appeal against a final order of 1907 – Appeal does not lie – Deposit refunded.	Appeal does not lie; application dismissed; deposit to be refunded	Report
(1952) 2 AMB 168	Te Ao — Mataruao section 1J, Mauke	28 August 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Admission recorded in the minute book – Application withdrawn – Cook Islands Amendment Act 1946, s 32.	Application withdrawn	Report
(1952) 2 AMB 169	Te Ao — Areora section 1J, Mauke	28 August 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Source of right – No case made out – Cook Islands Amendment Act 1946, s 32.	No case made out; application dismissed	Report
(1952) 2 AMB 195	Marama Aukino [?] — Te Apiripiri section 16, Atiu	19 September 1952	McCarthy CJ and Morgan J	Native land – Rehearing – Ariki land – Whether an ariki could give ariki land to an individual – Application dismissed at the applicant’s request – Cook Islands Amendment Act 1946, s 32.	Dismissed at the applicant’s request after the court’s explanation	Report
(1954) 2 AMB 197	Maurua [?] — Maurua [?] section 90L No 2	14 September 1954	Kay, Prichard and Smith JJ	Appeal – Notice of withdrawal – Deposit not paid – Dismissed.	Dismissed; deposit not paid	Report
(1954) 2 AMB 197	Omoka appeals — Section 11 Omoka and Motu Koiti section 25 Omoka, Penrhyn	14 September 1954	Kay, Prichard and Smith JJ	Appeal – Appellant not wishing to proceed – Withdrawal by letter written by another – No security for costs – Dismissed.	Both appeals dismissed; no security for costs deposited	Report
(1954) 2 AMB 229	Vini [?] Siringa v Marakau — Section 6 Omoka, Penrhyn	21 September 1954	Morgan J presiding, Prichard, Smith and Kay JJ	Appeal – Application for amendment of title dismissed – Title investigated in 1903 – No fraud proved – No jurisdiction – Limits of the court’s powers – Costs.	No jurisdiction; appeal dismissed; costs £9 to Marakau	Report

Appellate Minute Book 3

Citation	Land, title or matter	Decided	Judges	Catchwords	Précis	Report
(1957) 3 AMB 1	Makeanui Teremoana Ariki v Ngati Putua — Tereora Section 106B, Nikao, Avarua (Appeal 188)	decision 4 October 1957	Judges N. Smith and G. M. O’Malley	Ariki title land; occupation; leases granted by the ariki; atinga; life interests and ariki title land.	An ariki’s claim to “title” lands requires the same degree of proof as a claim by any other person; the contention that the ariki originally owned all land and others acquired ownership only through the ariki’s generosity is not accepted (Lower Court, MB 19/240, approved)	Report
(1957) 3 AMB 5	Re the Rangatira Title of Rio; Taripo and Makeanui Teremoana Ariki (for Veia Lowry) v Love — Rio rangatira title, Avarua (Appeals 201 and 203)	judgment and order 4 October 1957	Judges N. Smith and G. M. O’Malley	Tribal and chiefly titles (rangatira); election; the family’s right to appoint; the ariki’s right to intervene; fitness for title.	The family entitled to the Rio title are the issue of the last holder, Takau Tinirau; Taripo’s appeal dismissed	Report
(1957) 3 AMB 10	Re Edward Goodman, Timoteo Marokaa and Ta (deceased); Tui Pori v Goodman — Toreaiva Section 91B and Te Rakai Section 91J, Arorangi (Appeal 189)	decision 4 October 1957	Judges N. W. Smith and G. M. O’Malley	Absentee land rights (kaiou and ’oki mai); succession; native custom not immutable; settled titles.	Custom is not immutable; the Maori Land Court precedent and Willoughby v Waihopi XIII GLR 41 followed	Report
(1957) 3 AMB 14	Browne v Makeanui Teremoana Ariki — Tereora Section 106B, Nikao, Avarua (Appeal 187)	4 October 1957	Judges N. Smith and G. M. O’Malley	Life interests and ariki title land; consent.	By consent, the appeal allowed; the estate for life to Makeanui Teremoana Ariki “for so long as she shall be the Makeanui Ariki” deleted from the freehold order; rent due under the lease to go to the Ngati Putua owners; no hearing fee	Report
(1960) 3 AMB 18	Makea Nui Teremoana (House Site 45 Ngatipa); Te Ua Kura (Aruo and Tukinganpoko, Atiu) — House Site 45 Ngatipa, Avarua (206); Aruo Section 563 and Tukinganpoko Section 542, Atiu (207)	2 September 1960	Morgan CJ, Stace, O’Malley and Jeune JJ	Jurisdiction and rehearing; withdrawal.	Each appeal withdrawn with leave of the Court	Report
(1960) 3 AMB 34	Tui Pori Makea v Nicholas — Vaimutuuri Section 82A, Avarua (Appeal 204)	decision 7 September 1960	Judges C. J. Stace, G. M. O’Malley and G. J. Jeune	Jurisdiction and rehearing; annulment for fraud; partition; customary adoption.	Fraud must be completely and clearly proved, by a designated person, with an absence of honest belief	Report
(1960) 3 AMB 33	Tavioni v Taoroani Metaia (Ngamaru Ariki) — Tukinganpoko Section 542, Ngatiarua, Atiu (208); Ooko Section 544 (209)	5 September 1960	Judges C. J. Stace, G. M. O’Malley and G. J. Jeune	Jurisdiction and rehearing; fresh evidence; family meetings.	The Lower Court had no opportunity to consider the evidence; in justice to the appellant the application is treated as one to admit fresh evidence	Report
(1960) 3 AMB 37	Te Okoitu v Poro Kareora — Rangitukua section 4B, Vaimutu, Mauke (Appeal 210)	decision 7 September 1960	Judges C. J. Stace, G. M. O’Malley and G. J. Jeune	Lineage and descent (’akapapa‘anga); succession; standard of proof; notice of appeal.	The court expresses no opinion whether the respondent’s consent cures the want of attestation (s 475(2)) and of an address for service (r 19); the Rules were described at the hearing as mandatory	Report
(1960) 3 AMB 47	Love v Lowry — Kaviri Section 71C, Avarua (Appeal 211)	decision 9 September 1960	Chief Judge H. J. Morgan, Judges C. J. Stace, G. M. O’Malley and G. J. Jeune	Tribal and chiefly titles; rangatira land and title land; life interests; partition; succession.	No provision like s 426 existed in 1905, so nothing turns on the absence of a title-land declaration in the 1905 order	Report
(1970) 3 AMB 57	Maropai v Te Reinga — Tapiriatua section 94B, Rarotonga (Appeal 220)	decision 24 April 1970	Judges A. G. Todd (presiding) and M. A. Brook	Succession; revocation of succession order made in error (s 450); occupation by permission.	On appeal the appellant must satisfy the Court that the decision appealed from was incorrect; the respondent need not prove it right	Report
(1970) 3 AMB 58	Putai Taharo (Te Makatea 16H) — Te Makatea section 16H (Appeal 221)	23 April 1970	Todd and Brook JJ	Adjournment.	Adjourned sine die	Report
(1970) 3 AMB 68	Kamana v Kiripaui — Araiki Section 16A No 1, Matavera (Appeal 214)	April 1970 (date not written in the minute)	Judges A. G. Todd and M. A. Brook	Rights of resident owners (’aka‘aere ’enua / no‘o ’enua); house sites; weight of evidence.	The appellant failed to prove her only ground, that the decision was against the weight of evidence; appeal dismissed, no order as to costs	Report
(1970) 3 AMB 70	Makea Nui Teremoana Ariki v Moetaua — Te Taora section 128D, Avarua section 190A No 1 and No 2, Tapatea section 107B No 1 and No 2, Tapatea section 223 and Parako section 134, Avarua (Appeal 215)	decision 27 April 1970, reasons at pp. 75–78	Judges A. G. Todd (presiding) and M. A. Brook	Customary adoption (tamariki ’āngai); succession; lineage extinction and reversionary rights (ngāti matemate).	“Cook Islands Law and Native Custom does not preclude a legally adopted child from succeeding to an interest in Native Freehold land owned by its adopting parent”; a child not legally adopted is precluded by s 465A	Report
(1970) 3 AMB 72	Re Aitu (deceased); Eleazara v Aitu’s adopted children — Auautangata section 56 and another block; Mangaiti Kauioa sections 30 and 54 No 2 (Appeals 216, 217, 218)	27 April 1970	Judges A. G. Todd and M. A. Brook	Customary adoption; succession.	Adoption orders not set aside remain binding on the Land Court and the Appellate Court	Report
(1970) 3 AMB 74	Re Aitu (deceased); Marona, Keta and Teremoana v Aitu’s adopted children — Enuakura section 5 and other blocks (Appeals 219, 222, 223)	27 April 1970	Judges A. G. Todd and M. A. Brook	Customary adoption; succession; native freehold land.	Aitu was an owner by the order of 1906; “whatever her blood was does not concern this Ct”	Report
(1970) 3 AMB 79	Enua v Ngature — Kainganui Section 92G No 3, Arorangi (Appeal 213)	decision April 1970	Chief Judge J. A. Fraser, Judges A. G. Todd and M. A. Brook	Customary adoption; revocation of succession order (s 450); consent orders.	Fresh evidence allowed, limited to the “discussion” recorded in the Chief Judge’s minute	Report

Index compiled from the headnotes of the Reports; précis for the author’s correction. Page last changed 26 October 2026 (land names with section and district).

Appellate Minute Book 4: the appellate decisions after Book 3

The decisions of the appellate courts on land and titles after Book 3 closed in 1970, on appeal from the Land Court and the Land Division, together with the earlier appellate decision of the Supreme Court of New Zealand on the Native Land Court. This section is the editor’s compilation, not a minute book of the court: each decision is cited by its own record, as shown, and each report is the same file as on the Ariki Title Reports page, where the title decisions are gathered by title. More decisions are added as they are reported.

Citation	Case	Court	Decided	Judges	Report
[1941] NZLR 484	In re Tuvaine and another: the Makea Nui Ariki title appeal, the point of practice as reported	Supreme Court of New Zealand on appeal from the Native Land Court	18 June 1941	Ostler J	Report · On the CIATR page
Supreme Court of New Zealand, 18 June 1941	Tuvaine and Browne v Love: the Makea Nui Ariki title, the full judgment	Supreme Court of New Zealand on appeal from the Native Land Court	18 June 1941	Ostler J	Report to follow · On the CIATR page
[1981] CKCA 1	In re Ina Vakatini: the Vakatini Ariki title	Court of Appeal of the Cook Islands	4 September 1981	Cooke P, Donne CJ and St John J	Report · On the CIATR page
CA 5/93 (1994)	Vaineritua v Hosking: the Tinomana Ariki title	Court of Appeal of the Cook Islands	August 1994	Barker, Hillyer and Henry JJA	Report · On the CIATR page
[2006] CKCA 1	Ariki v Upokotini: the Pa Ariki title	Court of Appeal of the Cook Islands	2 June 2006	Barker, Henry and Paterson JJA	Report · On the CIATR page
[2016] CKCA 2	Hunt v De Miguel: the Makea Nui Ariki title	Court of Appeal of the Cook Islands	19 February 2016	Williams P, Barker and Paterson JJA	Report · On the CIATR page

The minute-book pages held, with transcriptions

The first release of the reports from Appellate Minute Book 1 is being prepared. Until each case has its report, the pages the series and the Makea Nui applications rely on are given here as photographs with transcriptions. Readers who can read a name or a word the transcriber could not are asked to tell us through Have your say; the correction is made and the reader thanked.

Appellate Minute Book 1, pp. 5–9, Arepepe section 67, 9–10 September 1948: Willie Parau Browne, Rauru Vaike, Charlie Cowan and Ngataupoko

The five pages (PDF) · pp. 5–6 on their own · transcriptions of pp. 3, 6 and 240

Willie Parau Browne’s evidence on 9 September 1948: the Arera genealogy from Arera Ukarau, the eight children, Teiva Toa and “Teariki Itiau, a Makea ariki”; Te Pa a Tuakino’s wives and children; the election of Pini at the Taumakeva stone and “that is where Makea Nui name came from”.

Appellate Minute Book 1, p. 240, Arekakaia 50A, 6 August 1949: Willie Browne

The page (PDF)

“Te Paatuakino was not the son of Rangi Makeakea”; Minute Book 7, page 331A impossible because it makes Rangi Makeakea father of his own predecessor Rangitukiao; the Aitutaki genealogy “agrees with our own genealogies”.

Appellate Minute Book 2, pp. 44–49 and 58–59, Tuareanui section 40, hearing of 18–19 August 1950 and decision of 19 August 1950 (Judges Morgan, Beechey and Dykes)

The pages (PDF)

The district statement, and the succession by later ariki left “still to be settled” (pp. 58–59). Makea Nui Teremoana’s admission under cross-examination at p. 46: “This is Arera land. Vaitoti of Ngati Arera took Makea Takau as his adopted child.” The Taputapuatea decision of 25 August 1950 (pp. 75–77) is the Court’s own book. Cited as (1950) 2 AMB 44 and 58.