Succession

When a registered owner dies, their interest in the land does not pass by itself. A family member applies for a succession order, which puts the successors’ names on the Registry of Titles in place of the person who died. Not needed on Pukapuka, Mitiaro or Mangaia.

Usually needed

• Documents that prove who the person who died was, and your relationship to them
• A genealogy showing your relationship to the person who died
• An English translation of any document in another language
• An appointment with a Land Court clerk, who will help you check the application

Occupation rights

An occupation right lets a person of Cook Islands Māori descent build on or plant a defined part of the family land. The court grants it after a meeting of the landowners has agreed.

Usually needed

• The Registry of Titles details: land name, section, owners, and any existing occupation right, lease or right of way
• The minutes of the landowners’ meeting, filed within six months of the meeting
• The landowners’ consent
• A proposal plan of the area

Declaratory orders

The court’s formal statement of a person’s or a family’s standing in a block of land. It is often filed with an occupation right, so that the court first settles that the applicant belongs to the land.

Usually needed

• The Registry of Titles details for the land
• A genealogy showing how the applicant descends from the owners
• Documents that prove the relationships, such as birth certificates
• Any occupation right application to be heard with it

Meetings of assembled owners

Before a lease, and before many other dealings with family land, the owners meet and vote. The court arranges and chairs the meeting, records the minutes, and then confirms the owners’ resolutions.

Usually needed

• The completed application for the meeting
• The application and chairing fees
• Notice to every owner who needs to attend, in good time
• The resolutions the owners are asked to pass

Leases

Family land can be leased, to a family member or to someone else, for up to 60 years. The owners agree at a meeting of assembled owners, the Leases Approval Tribunal approves the lease, and the High Court confirms it.

Usually needed

• The Registry of Titles details for the land
• The minutes and approved resolutions of the meeting of assembled owners, which last 12 months
• A final survey plan
• The draft deed of lease, best prepared by a lawyer

Partitions

A partition divides a block into parts, each with its own owners and its own title, often so that one branch of a family has its own part. The Ministry has no online guide yet; ask the registry for the form.

Usually needed

• The name and section of the block
• A survey plan of the proposed parts
• The owners’ agreement, or notice to them
• The list of owners for each part

Land trusts

A land trust puts a block, or the owners’ interests in it, in the care of trustees who manage it for the family.

Usually needed

• The Land Trust Application Form
• The Land Trust Power of Attorney Form, for an owner who wants someone else to act for them
• The Registry of Titles details for the land
• The names of the proposed trustees

When is my case heard?

Before each sitting the Ministry publishes a Panui list of the cases to be heard, island by island, and the court’s sitting dates for the year. The lists are in English and Cook Islands Māori: Turanga Are is an occupation right, Mono ia is succession, and Akapapuanga i tetai tukuanga tika is a declaratory order.