Any Samoan who claims a
pulefaamau or who intends to appoint any person to be the holder of a matai
name or title may give notice of such claim or intention to the Registrar at
the office of the Court in Savaii or Upolu.
Publication of claim in Savali -
The Registrar, on being satisfied
that the claim or intention is bona fide, and upon receiving the fee
prescribed in the First Schedule shall publish particulars of the claim or
the intention to make an appointment in 2 consecutive issues of the Savali.
Form of publication - (1)
Publication of the particulars of the
claim or the intention to make an appointment shall be in such form as the
Registrar shall prescribe. (2) Each publication shall contain a
notice fixing the time or period (not being less than 3 months from the date
of the first publication), and the place at which objections to the
pulefaamau or to the appointment may be lodged by any Samoan who may be
affected by the claim or the appointment.
Procedure if objection lodged - (1)
The Registrar, on receiving any
objection shall, as soon as practicable, prepare, sign and file a petition
to the Court for determination. (2) The person objecting shall pay to
the Registrar, on the day he files his objection, the fee prescribed in the
First Schedule.
Procedure if no objection lodged -
If there is no objection to a
claim for a pulefaamau, or to the proposed appointment the Registrar shall,
as soon as practicable after the time fixed for lodging objections, prepare,
sign and file a petition to the Court for confirmation.
Jurisdiction over pulefaamau where there is no objection - (1)
The
Court, sitting without Samoan Judges or Assessors, shall have jurisdiction,
ex parte, to confirm wholly or in part, and with or without modification,
any claim for a pulefaamau or the making of any appointment against which an
objection has not been lodged, and every confirmation shall ensure for all
purposes as a final decision of the Court. (2)
Any claim or proposed appointment confirmed under this section may be set
aside, in proceedings under this Act, for reason of error, misconduct or bad
faith.