Land Court / Legislation
The laws dealing with land
The Acts and Regulations the Land Division applies today, and the older laws that made the court. Each link opens the official text on Cook Islands Laws, the government’s legislation site.
Check that you are reading the current version. Acts are amended. Cook Islands Laws holds the consolidated text of each Act, and the Laws as Made show each Act and amendment as Parliament passed it. If in doubt, ask the Ministry of Justice or a lawyer.
On this page
The laws in force
The courts and custom
| Law | What it deals with | Text |
|---|---|---|
| Cook Islands Constitution Act 1964 | The Constitution. It sets up the High Court, including the Land Division, and recognises custom and customary law. | Official text |
| Cook Islands Act 1915 | The main land law: the court’s powers over family land, investigation of title, succession, occupation rights and partition. | Official text |
| Judicature Act 1980–81 | Sets up the High Court and its divisions, including the Land Division. | Official text |
| Code of Civil Procedure of the High Court 1981 | The rules for bringing and running a case in the High Court. | Official text |
| High Court Fees, Costs, and Allowances Regulations 2023 | The fees for filing in the High Court, including land applications. | Official text |
| Court of Appeal Rules 2012 | How an appeal to the Court of Appeal is brought and heard. | Official text |
| Evidence Act 1968 | How evidence is given and proved in court. | Official text |
| House of Ariki Act 1966 | The House of Ariki and its part in matters of custom and land. | Official text |
Leases
| Law | What it deals with | Text |
|---|---|---|
| Leases Restrictions Act 1976 | Sets up the Leases Approval Tribunal and says which leases need its approval. | Official text |
| Leases Restrictions Regulations 1977 | The procedure under the Leases Restrictions Act. | Official text |
| Short Term Crop Leases Act 1966 | Short leases of land for growing crops. | Official text |
| Aitutaki Motus Prohibition of Leases Act 1970 | Prohibits leases of the motu, the small islands of the Aitutaki lagoon. | Official text |
| Rarotonga Motus Prohibition of Leases Act 1981–82 | Prohibits leases of the motu of the Rarotonga lagoon. | Official text |
| Penrhyn (Naharakura Lease) Facilitation Act 1992 | A single lease, of Naharakura land on Penrhyn. | Official text |
Other laws on land
| Law | What it deals with | Text |
|---|---|---|
| Land Use Act 1969 | The use and development of land. | Official text |
| Property Law Act 1952 | The general law of property, such as mortgages and leases. | Official text |
| Unit Titles Act 2005 | Titles to units in a building, such as apartments. | Official text |
| Unit Titles (Fees) Regulations 2007 | The fees under the Unit Titles Act. | Official text |
| Rehearing of Te Puna Lands Act 1980 | A rehearing of the title to the Te Puna lands. | Official text |
The laws that made the court
These are no longer in force, but many title orders made under them still stand. Their texts are printed in the Volume Four archive.
| Law | What it deals with | Text |
|---|---|---|
| The Order in Council of 1902 | Set up the Land Titles Court at Avarua and told it to decide according to native custom. | In Volume Four |
| Cook Islands and other Islands Government Act 1901 | The New Zealand law under which the islands were governed after 1901. | In Volume Four |
The books
Southern Cook Islands Customary Law, History and Society. Volumes One and Two set out the customary law before Christianity. Volume Three shows how the mission years changed it. Volume Four shows what the courts did with it after 1888.
E-books
The second editions of Volumes One, Two and Three, and the first edition of Volume Four, to read on a phone, tablet or computer. Sold from this site as read-only PDFs, a chapter at a time or by the volume, and delivered by download link the moment you pay.
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NZ$50 plus GST. Single chapters NZ$11.50 (NZ$10 plus GST). All four volumes for NZ$201.25 (NZ$175 plus GST).
See the four volumesThe printed set
The hardcover first editions of Volumes One, Two and Three, as a set. Available now.
NZ$100 NZ$150
Opening special. Free courier in New Zealand, or collect in Rarotonga or Auckland.
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