Return to the Main  Lands and Titles Act Page

1981 No. 8

 

AN ACT to consolidate and amend the law relating to customary land and titles, and to the Land and Titles Court. (04 March 1981)

 

  1. Short title - (1) This Act may be cited as the Land and Titles Act 1981.

 

 

PART I

INTERPRETATION

 

  1. Interpretation - In this Act, unless the context otherwise requires:

 

"Court" means the Land and Titles Court continued under this Act.

"Custom and usage" or "Samoan custom and usage" means the customs and usages of Western Samoa accepted as being in force at the relevant time and includes:

  1. The principles of custom usage accepted by the people of Western Samoa in general; and
  2. The customs and usages accepted as being in force in respect of a particular place or matter

"Department" means the Department of Land and Titles

"Deputy President" means a Deputy President of the Court appointed under this Act.

"Document" includes any notice, petition, objection, summons, judgement, order, declaration, or other form of communication in writing.

"Judicial Service Commission" means the Judicial Service Commission constituted by Article 72 of the Constitution.

"Land" means customary land

"Land Register " and "Land Registrar" mean, respectively, the Land Register constituted and the Land Registrar referred to in the Samoan Land Registration Order 1920.

"Matai" means a person whose title has been registered under this Act.

"Member of the Court" includes the President or Deputy President and every Samoan Judge and Assessor who constitute the Court in respect of any matter.

"Minister" means the Minister of Justice

"Officer" in relation to the Court includes any Registrar, clerk, bailiff, usher or messenger in the service of the Court, and "Staff" in relation to the Court includes all officers of the Court.

"Party" includes every person who takes part as claimant, objector, petitioner, respondent or applicant in any proceedings under this Act (other than as a witness) whether or not named as a party to any such proceedings, and, in any proceedings to appoint a matai, includes the pule and the proposed appointee.

"President" means the President of the Court.

"Pulefaamau" means the ownership of any customary land or the control of any Samoan name or title either by a person in his sole right or on behalf of any Samoan title, family, village or district.

"Registrar" means the Registrar of the Court.

"Rules" means any rules of Court made pursuant to this Act.

"Samoan" has the same meaning given to that term under the Samoan Status Act 1963.

"Solicitor" includes a barrister.

"Supreme Court" means the Supreme Court of Western Samoa.