LAWS OF WESTERN SAMOA

LAND TITLES INVESTIGATION

ANALYSIS
TITLE
1. Short title
2. Interpretation
3. Administration of Act
4. Constitution of Commission and appointment of members
5. Term of office of appointed members
6. Vacancies
7. Deputies of members
8. Procedure of Commission
9. Proceedings not affected by irregularities
10. Functions of Commission
11. Status of Commission
12. Secretary of Commission
13. Interpreter
14. Fees of members of Commission
15. Notice of claims
16. Form of notice of claim
17. Repealed
18. Investigation and determination of claims
19. Barring of objections
20. Customary land
21. Incidental or subsidiary orders
22. Notifying determinations and orders
23. Status of determinations and orders
24. Removal of limitations on title
25. Fees of Commission
26. Regulations
Schedule
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THE LAND TITLES INVESTIGATION ACT 1966

1966,	No. 19	

AN ACT to authorise the setting up of a Commission to investigate and determine titles to certain lands, and claims thereto.

(15 December 1966)

1. Short title - This Act may be cited as the Land Titles Investigation Act 1966.

2. Interpretation - In this Act, unless the contrary intention appears:

"Appointed member" means a member of the Commission appointed under subsection (3) of section 4 of this Act.

"Chairman" means the Chairman of the Commission.

"Commission" means the Commission appointed by and under this Act.

"Day" means any continuous period of 24 hours commencing at midnight.

"Director" means the Director of Lands appointed pursuant to the Land Ordinance 1959.

"Government" means the Government of the Independent State of Western Samoa.

"Minister" means the Minister of Lands.

"Public notice" means a notice published in the Samoan and English languages at least once in the Savali, in a newspaper circulating in Western Samoa and over a Government broadcasting station.

"Registrar" means the Registrar of Land appointed pursuant to the Samoa Land Registration Order 1920 (NZ).

"Secretary" means the Secretary to the Commission.

3. Administration of Act - This Act shall be administered by the Minister, and, subject to his control, by the Registrar.

4. Constitution of Commission and appointment of members - (1) There is hereby constituted a Commission for the purposes of this Act, which shall consist of 5 members.

(2) One member of the Commission and the Chairman thereof shall be the Chief Justice of the Supreme Court of Western Samoa, and another member thereof shall be the Director.

(3) The Head of State, acting on the advice of Cabinet, shall by warrant appoint the remaining 3 members of the Commission, of whom one shall be a senior Samoan Judge.

(4) The Commission may not take any action until the 3 appointed members have been appointed.

(5) No person, by reason only of his being a member of the Commission, shall be deemed to be employed in the "Public Service" or in the "Service of Western Samoa", within the meaning of those terms as defined in Articles 83, and 111 respectively of the Constitution.

5. Term of office of appointed members - (1) The appointed members of the Commission shall be appointed for a term of 3 years, but may from time to time be re-appointed.

(2) Every appointed member, unless he sooner resigns his office or is removed from office pursuant to section 6 of this Act, shall continue in office until his successor comes into office notwithstanding that the term for which he was appointed may have expired.

6. Vacancies - (1) Any appointed member may at any time be removed from office by the Head of State, acting on the advice of Cabinet, for disability, inefficiency, misconduct, neglect of duty, insolvency, or permanent departure from Western Samoa proved to the satisfaction of Cabinet, or may at any time resign his office by written notice addressed to the Minister.

(2) If any appointed member dies, or resigns, or is removed from office, the vacancy shall be filled in the manner in which appointment to the vacant office was originally made.

7. Deputies of members - (1) If the Chief Justice or the Director is temporarily incapacitated by illness, absence or other sufficient cause from attending any sitting or other meeting of the Commission, he may authorise to attend that sitting or- meeting as his deputy:

(a) In the case of the Chief Justice, any other "judicial officer" within the meaning of Article 111 of the Constitution, and

(b) In the case of the Director, any officer of his Department.

(2) In any case in which the Minister is satisfied that any appointed member is temporarily incapacitated by illness, absence or other sufficient cause from performing his duties as a member, the Minister may appoint a deputy to act for that appointed member during his incapacity.

PROVIDED THAT, in the case of the senior Samoan Judge who is an appointed member, his deputy shall be another senior Samoan Judge.

(3) No deputy appointed under this section shall act as Chairman of the Commission.

(4) Any deputy shall, while he acts as such, be deemed to be a member of the Commission.

8. Procedure of Commission - (1) In the event of the absence of the Chief Justice from any sitting or other meeting of the Commission, the members present shall choose one of their number to be the Chairman of that sitting or other meeting.

(2) At each sitting or other meeting of the Commission, the quorum necessary for the transaction of business shall be 4 members.

(3) Every question before a sitting or other meeting of the Commission shall be determined by a majority of the valid votes of the members present recorded thereon:

PROVIDED THAT the Chairman of each sitting or other meeting shall have a deliberative vote and in the case of an equality of votes shall also have a casting vote.

(4) Subject to the provisions of this Act and of the Commissions of Inquire Act 1964 and of any regulations made under this Act, the Commission may regulate its proceedings in such manner as it thinks fit.

9. Proceedings not affected by irregularities - No act or proceeding or determination of the Commission shall be invalidated in consequence of there being a vacancy in the membership of the Commission, or of the subsequent discovery that there was some defect in the appointment of any member or deputy member or that he was incapable of being or had ceased to be a member or deputy member.

10. Functions of Commission - The functions of the Commission shall be:

(a) To advertise for claims as provided by section 15 of this Act;

(b) To inquire into each claim made to the Commission by any .person to individual ownership of or property in any land in Western Samoa other than land undoubtedly held by any person as individual property for an estate in fee simple created or confirmed by a Crown Grant or a Court Grant;

(c) To conduct each such inquiry as prescribed by this Act;

(d) To dispose of each such claim in one or other of the ways permitted by this Act;

(e) To recommend to Cabinet any amendments of the law which may be necessary to give effect to the determination of the Commission on any such claim;

(f) Repealed by section 4 of the Land Titles Investigation Amendment Act 1973.

11. Status of Commission - The Commission, in addition to the status and powers conferred on it by other sections of this Act, shall have the same status and powers as a Commission appointed under the Commissions of Inquiry Act 1964, and all the provisions of that Act shall apply to and in respect of the Commission, unless the contrary intention appears and with any other necessary modifications:

PROVIDED THAT section 7 of that Act shall apply as if the words "the inquiry" referred separately to each claim made to the Commission, and otherwise subject to sections 17, 18 and 21 of this Act.

12. Secretary of Commission - (1) The Public Service Commission of Western Samoa shall, on the recommendation of the Registrar, appoint another officer of the Land Registry Office to be the Secretary to the Commission, which office may be held in conjunction with any other office in the Land Registry Office.

(2) The Secretary may exercise the power of the Commission to summon witnesses to appear before the Commission.

(3) The Secretary shall record or have recorded all proceedings of the Commission, and generally perform such duties connected with the inquiry as the Commission may direct.

13. Interpreter - The Public Service Commission of Western Samoa shall make available as needed an officer or officers of the Public Service to interpret written and oral claims, evidence and submissions from Samoan into English, and from English into Samoan.

14. Fees of members of Commission - The Minister of Finance shall pay out of the Treasury Fund, in addition to the sums directed to be paid by paragraph (b) of section 14 of the Commissions of Inquiry Act 1964 to each member of the Commission who is not a salaried employee of the Government such sum or sums as are agreed between such member and the Government and failing agreement as Cabinet from time to time approves in respect of each day or part of a day which he spends on the business of the Commission other than attending meetings thereof.

15. Notice of claims - Any person desiring to make a claim to the Commission to individual ownership of or property in any land in Western Samoa other than land undoubtedly held by him as individual property for an estate in fee simple created or confirmed by a Court Grant or a Crown Grant, may give notice in writing of his claim to the Secretary.

16. Form of notice of claim - (1) Each such notice in writing of a claim shall contain:

(a) The full name and address of the claimant;

(b) As full a description as possible of the land to which the claim relates, including the boundaries thereof;

(c) The estate or interest claimed therein;

(d) The full name and address if known of the person (if any) who is alleged to have alienated the land;

(e) The consideration (if any) paid to that person, and any information held as to the adequacy of that consideration;

(f) Any information held to show that that person was the rightful owner of the land, or otherwise entitled to alienate it, at the date of his alleged alienation;

(g) If the claimant does not allege that he obtained the land directly from that person, then particulars of the chain of his alleged title;

(h) If the claimant claims that lie has obtained such estate or interest by prescription, then:

(i) Information as to the improvement (if any) including fencing erected on or made to the land by the claimant or any person from whom he has derived his alleged title;

(ii) Information as to any exclusive occupation of the land, for as far back as possible; and

(iii) Information as to who has obtained payment of, and enjoyed, any income derived from the land for as far back as possible;

(i) Any other information available to the claimant as to the character and description of his claim;

(j) The full name and address of each other person thought by the claimant to have any ground for objection to his claim or for himself claiming any estate or interest in the land; and

(k) A statement as to whether or not the claimant desires. personally or by his counsel, to make oral submissions to the Commission in support of his claim.

(2) The claimant shall give to the Secretary, with the notice Ill writing of his claim, a statutory declaration verifying his claim and any evidence in writing held or obtainable by the claimant relating to his claim.

(3) The claimant shall pay to the Secretary, when he gives notice in writing of his claim:

(a) The prescribed fee for giving that notice; and

(b) If he states that he desires, personally or by his counsel, to make oral submissions to the Commission in support of his claim, the prescribed hearing fee.

17. Repealed being deemed never to have had effect, by section 7 of the Land Titles Investigation Amendment Act 1973.

18. Investigation and determination of claims - (1) The Commission:

(a) & (b) Repealed by section 8(a) of the Land Titles Investigation Amendment Act 1973;

(c) Shall give public notice of all claims (hereinafter called the advertised claims) and of the fact that any person desiring to object to any claim shall, within a period of 6 months after the first publication of the public notice of that claim, give notice in writing of his objection and pay the prescribed fee to the Secretary and give a copy of that notice to the claimant;

(d) May, on request by the claimant or when it appears to the Commission or the Chairman thereof to be necessary and on payment by the claimant of the survey fees, order a survey of the land to which any advertised claim relates;

(e) Shall, as soon as reasonably possible after the expiration of the period of 6 months for giving notice in writing of an objection to an advertised claim, and after the deposit of the plan of any survey ordered in respect of the land to which the claim relates, make a fixture for the hearing of that advertised claim, and give at least 2 weeks' notice in writing of the fixture to the claimant thereunder and to each objector thereto;

(f) May, after considering the written and oral evidence given and the submissions made by or on behalf of the claimant under an advertised claim, and the written and oral evidence given and the submissions made by or on behalf of each objector thereto who appears at the hearing, determine:

(i) That the land is customary, freehold or public land; and

(ii) That the claim has not been established to the satisfaction of the Commission and is therefore rejected; or

(iii) That the claimant shall have a grant of the estate or interest claimed by him in the land where the Commission determines that the land is freehold land in law or in equity, and that the claim has been established to the satisfaction of the Commission; or

(iv) That, notwithstanding anything to the contrary in the Land Ordinance 1959, the claimant shall have a grant of the estate or interest claimed by him in the land where the Commission determines that the land is public land in law, but that the claim has been established to the satisfaction of the Commission in equity; and

(v) That the title to be issued to the claimant shall be limited as to parcels, or as to title, or as to both.

(2) On the lodging in the office of the Director for checking of a survey plan prepared pursuant to an order made under paragraph (d) of subsection (1) of this section, the applicant shall serve notice in writing of such lodging on each owner or occupier of or person having the pule over land adjoining the land in the plan, and each such owner, occupier or person shall have a period of one month from the service of such notice in writing upon him during which he may give notice in writing to the Secretary of his objection to any boundary shown on the plan. The Commission shall have jurisdiction to hear and determine each such objection, and to order any consequential alteration of the plan. The Director shall not deposit the plan prior to the expiration of each such period of one month and the determination of each such objection.

19. Barring of objections - Subject to section 24 of this Act, any objection to a claim of which notice in writing is not given to the Secretary within the period of 6 months prescribed by paragraph (c) of subsection (1) of section 18 of this Act is hereby deemed to be invalid and is hereby for ever barred, and no such objection shall be considered by the Commission or by any Court:

PROVIDED THAT an objection to a claim may be made to the Commission at any time prior to the hearing of that claim if the Commission is satisfied that because of reasonable cause the objector omitted to give to the Secretary notice of objection within the said prescribed period.

20. Customary land - If the Commission determines that any land is customary land, it shall not make any determination or order as to the ownership or control thereof.

21. Incidental or subsidiary orders - The Commission may make any incidental or subsidiary order necessary to give effect to any determination made under section 18 of this Act.

22. Notifying determinations and orders - The Secretary shall give notice in writing of each determination and order made by the Commission under section 18 or section 21 of this Act in respect of any claim to the claimant thereunder and to each objector thereto.

23. Status of determinations and orders - Subject to section 24 of this Act, each determination and order made by the Commission under section 18 or section 21 of this Act shall be final and conclusive.

24. Removal of limitations on title - (1) Where a title is issued limited as to parcels, that limitation shall be removed only on a proper survey plan of the land being prepared and deposited in the office of the Director.

(2) On the lodging in the office of the Director for checking of a survey plan prepared for the purpose of removing a limitation as to parcels, the applicant shall serve notice in writing of such lodging on each owner or occupier of or person having the pule over land adjoining the land in the plan, and each such owner, occupier or person shall have a period of one month from the service of such a notice in writing upon him during which he may give notice in writing to the Registrar of the Supreme Court of his objection to any boundary shown on the plan. The Supreme Court shall have jurisdiction to hear and determine each such objection, and to order any consequential alteration of the plan. The Director shall not deposit the plan prior to the expiration of each such period of one month and the determination of each such objection.

(3) Where a title is issued limited as to title:

(a) That limitation shall be removed by the Registrar on the expiration of one year from the date of issue of the title unless any person who was not in Western Samoa during any part of the period of 6 months prescribed by paragraph (c) of subsection (1) of section 18 of this Act and who was neither an applicant nor an objector under the foregoing provisions of this Act in respect of the land for which the title has issued, issues proceedings in the Supreme Court within that year claiming an estate or interest in the land for which the title has issued, and

(b) If any such person does issue any such proceedings within that year, the Supreme Court shall, notwithstanding anything to the contrary in the foregoing provisions of this Act, have jurisdiction to hear the proceedings and to vary the determination and any order made by the Commission or to revoke the same and substitute a determination and order made by the Supreme Court or to reject the claim. If the claims made by all such proceedings in respect of any title are rejected the Court shall remove the limitation as to title.

25. Fees of Commission - There shall be payable to the Secretary, for each transaction described in the Schedule hereto, the fees set opposite thereto in that Schedule.

26. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time by Order make:

(a) Regulations not inconsistent with this Act or the Commissions of Inquiry Act 1964 governing the proceedings of the Commission; and

(b) All such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

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SCHEDULE
Section 25

ITEM	TRANSACTION	AMOUNT OF FEE	

1	
Giving notice of claim to Secretary (to cover the cost of public notice)	
$15.00	
2	Hearing before Commission (to cover sealed copy of Commission’s order for each party)	8.00	
3	Each additional copy of order	1.50	
4	Giving notice of objection to Secretary	8.00	

The Land Titles Investigation Act 1966 is administered in
the Department of Lands, Surveys and Environment

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