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Nauru Legal Sources
Nauru Legal Sources Peter H. MacSpo"an Solicitor, Black Rock, Victoria Law Library Resources in Nauru When I first went to Nauru as Senior Legal Officer in October 1970, I found a department with a very small library and a Court with nothing.. Indeed, my own set of ALJ and various texts exceeded the departmental library.. That changed quite quickly as the new Chief Justice, Ian Thompson, began to make his presence felt Between us we laid the basis for a comprehensive collection. He concentrated on getting law reports and an air-<:onditioned room for the collection while I, in the department, concentrated on texts and legislation.. In a very short time the Supreme Court Library (which was then under the day to day supervision of Brian Bousfield, Resident Magistrate and Registrar of the Supreme Court) was built up from nothing to an impressively comprehensive source of law reports and legislation. We obtained a full set of the Law Reports and the English Reports, the All England Reports, Commonwealth Law Reports, Victorian, Queensland, Western Australian and New Zealand Law Reports. In addition we acquired Halsbury' s Laws and Statutes of England, the English and Empire Digest, and the Criminal Law Journal In the department we commenced to build up our· international law texts and reports and obtained as much as possible in connection with aviation, crime, banking, companies, civil procedure and so on .. Today the pictur·e is not as happy as it was. For reasons which are none too clear, the library sometime recently ceased to be supplemented with new volumes and it seems that subscriptions have lapsed leaving law reports lost and forlorn at about 1988 and texts often well out of date (although, to be fair, it is clear that since I lived and worked there much had been done to improve the range and depth of text material in the Department). -
Nauru Court of Appeal Act 2018
REPUBLIC OF NAURU NAURU COURT OF APPEAL ACT 2018 ______________________________ No. 13 of 2018 ______________________________ An Act to establish the Nauru Court of Appeal and for related purposes Certified: 10th May 2018 Table of Contents PART 1 – PRELIMINARY ..................................................................................................................... 4 1 Short Title ...................................................................................................................................... 4 2 Commencement ............................................................................................................................ 4 3 Definitions ..................................................................................................................................... 4 PART 2 – NAURU COURT OF APPEAL .............................................................................................. 5 4 The Court ...................................................................................................................................... 5 5 General jurisdiction of the Court .................................................................................................... 5 6 Sessions of the Court .................................................................................................................... 5 7 Seal ............................................................................................................................................... 5 8 Composition of the Court -
High Court of Australia
HIGH COURT OF AUSTRALIA FRENCH CJ, GUMMOW, HAYNE, HEYDON AND BELL JJ KINZA CLODUMAR APPELLANT AND NAURU LANDS COMMITTEE & ORS RESPONDENTS Clodumar v Nauru Lands Committee [2012] HCA 22 Date of Order: 20 April 2012 Date of Publication of Reasons: 20 June 2012 M37/2011 ORDER 1. Extension of time allowed to enable this Court to hear and determine this appeal. 2. Appeal allowed. 3. Civil Action No 16/2000 is remitted to the Supreme Court of Nauru for retrial. 4. The costs of the proceedings so far in the Supreme Court in Civil Action No 16/2000 to be in the discretion of that Court. 5. The first respondent is to pay the appellant's costs of this appeal. On appeal from the Supreme Court of Nauru Representation D J Williams SC with L D D Keke for the appellant (instructed by Leo D. Keke, Solicitor and Notary Public) 2. R M Niall SC with K L Walker for the first respondent (instructed by Department of Justice and Border Control) No appearance for second respondents Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports. CATCHWORDS Clodumar v Nauru Lands Committee High Court of Australia − Original jurisdiction − Matter arising under laws made by Parliament − Appeal from Supreme Court of Nauru pursuant to s 5 of Nauru (High Court Appeals) Act 1976 (Cth) − Supreme Court of Nauru held that transfer of land to appellant was invalid because President of Nauru had not approved transfer − After conclusion of proceeding in Supreme Court of Nauru appellant discovered document bearing President's signature and approving transfer to appellant − Whether fresh evidence can be received on appeal to High Court from Supreme Court of Nauru − Whether appellant could have discovered document by exercise of reasonable diligence at time of proceeding in Supreme Court of Nauru. -
Australian Law Reform Commission the Judicial Power of The
Australian Law Reform Commission Discussion Paper 64 The judicial power of the Commonwealth A review of the Judiciary Act 1903 and related legislation You are invited to make a submission or comment on this Discussion Paper DP 64 December 2000 How to make comments or submissions You are invited to make comments or submissions on the issues raised in this Paper, which should be sent to The Secretary Australian Law Reform Commission Level 10, 131 York Street SYDNEY NSW 2000 (GPO Box 3708 SYDNEY NSW 1044) Phone: (02) 9284 6333 TTY: (02) 9284 6379 Fax: (02) 9284 6363 E-mail: [email protected] ALRC homepage: http://www.alrc.gov.au Closing date: 16 March 2001 It would be helpful if comments addressed specific issues or paragraphs in the Paper. Confidentiality Unless a submission is marked confidential, it will be made available to any person or organisation on request. If you want your submission, or any part of it, to be treated as confidential, please indicate this clearly. A request for access to a submission marked ‘confidential’ will be determined in accordance with the Freedom of Information Act 1982 (Cth). The Commission will include in its final report on this project a list of submissions received in response to this Paper. It may also refer to those submissions in the text of the report and other Commission publications. It may decide to publish them. If you do not want your submission or any part of it to be used in any one of these ways please indicate this clearly. © Commonwealth of Australia 2000 This work is copyright. -
APPENDIX 3 Map of Nauru)
MAP OF NAURU Flat Plateau (Source : http://www.worldatlas.com, modified by the Study Team) List of Acronyms A$ Australian Dollars ADB Asian Development Bank AMU Aid Management Unit AusAID Australian Agency for International Development BON Bank of Nauru DCIE Department of Commerce, Industry and the Environment DNWP Draft National Water Plan DOF Department of Finance DOH Department of Health DPPD Development Planning and Policy Division EDF European Development Fund EHC Eigigu Holdings Corporation EIA Environment Impact Assessment EU European Union GDP Gross Domestic Product GNI Gross National Income GON Government of Nauru IWRM Integrated Water Resource Management JICA Japan International Cooperation Agency MDGs Millennium Development Goals MCIE Ministry of Commerce, Industry and Environment MFSD Ministry of Finance and Sustainable Development NSDS National Sustainable Development Strategy NPC Nauru Phosphate Corporation NRC Nauru Rehabilitation Corporation PD Partnership for Development RO Reverse Osmosis RONPHOS Republic of Nauru Phosphate Corporation SOE(s) State-Owned Enterprise(s) SOPAC Pacific Island Applied Geoscience Commission SS Suspended Solids TDS Total Dissolved Solids UNDP United Nation Development Programme WHO World Health Organisation (Remarks) All currencies quoted are in Australian Dollars unless otherwise indicated. Table of Contents Location Map List of Acronyms Page EXECUTIVE SUMMARY 1) Background and Objectives of the Study ...................................................................................ES-1 2) -
Votes and Proceedings of the Twentieth Parliament No. 3 First Sitting of the Third Meeting Monday, 1 November 2010 10:00 A.M. 1
Votes and Proceedings Of the Twentieth Parliament No. 3 First Sitting of the Third Meeting Monday, 1st November 2010 10:00 a.m. 1. The House met at 10:00a.m pursuant to the advice given by His Excellency the President Hon. Marcus Stephen, M.P. 2. Hon. Landon Deireragea M.P (Deputy Speaker) took the Chair and read Prayers. 3. Election of Speaker The Deputy Speaker called for nominations for the Speakership. His Excellency the President, nominated Mr. Scotty (Anabar/Ijuw/Anibare) to be the Speaker of the House. Mr. Thoma (Aiwo) seconded the nomination. Mr. Scotty accepted his nomination. There being no other nominations forthcoming, Mr. Scotty was duly elected Speaker of the House. The mover and seconder of the motion escorted Mr. Scotty to the Chair. The Speaker made a short statement to the House and thanked Members for the honoured conferred upon him. 4. Election of President The Chair called for nominations for the election of President of the Republic of Nauru. Mr. Deireragea (Ewa/Anetan) nominated Mr. Stephen (Ewa/Anetan) to be President. Dr. Keke (Yaren) seconded. Mr. Stephen accepted his nomination. Mr. Thoma (Aiwo) nominated Mr. Dube (Aiwo) to be President. Mr. Waqa (Boe) seconded. 1 Mr. Dube accepted the nomination. There being no other nominations forthcoming, voting by secret ballot took place. Result: Mr. Stephen 11 votes Mr. Dube 6 votes Mr. Stephen was duly elected President of the Republic. At the request of the President and with the consent of the House, the Chair then suspended the sitting, to resume when the bell rings. -
17 February 2010
Votes and Proceedings of the Eighteenth Parliament No. 30 First Sitting of the Eighteenth Parliament Wednesday, 17th February 2010 10:00 a.m. 1. The House met at 10.00am in according to the resolution made on Tuesday 22nd December 2009. 2. Hon Riddel Akua, Speaker of Parliament, took the Chair and read Prayers. 3. Statement from the Chair The Speaker made the following statement to the House - (a) ‘Honourable Members, you will all be aware of the very sad news that on 28 December 2009, just a few days after our last sitting of Parliament, Parliament’s Senior Librarian and Hansard Manager, Jennie Reiyetsi, passed away. Jennie was an invaluable member of the Parliament staff. She served Parliament for close to thirty-nine years, having started during the second Parliament on 3rd February 1971. Jennie was thoroughly dedicated to her work and frequently worked long hours and weekends for no additional pay in order to manage her heavy workload. She possessed a wealth of knowledge on Parliamentary matters, and was very often the first person that members turned to when they needed information. Last year Jennie visited the Parliament of Victoria for two weeks, and she was in the process of using the knowledge she gained from the trip to restructure her own hansard team and the hansard workflow in order to improve our hansard production. Her valuable work will be carried on by colleagues within Parliament. Jennie was a mentor to those with whom she worked, and a much admired and respected member of our team. She was not only highly competent and extremely hardworking, but also a person of great intelligence, kindness and integrity. -
Nauru Bulletin Issue 9-2016/141 29 July 2016 Nauru 2016 Elections Wrap Up
REPUBLIC OF NAURU Nauru Bulletin Issue 9-2016/141 29 July 2016 Nauru 2016 elections wrap up he Nauru General Elections on 9 Boe also lost their seats. Roland TJuly 2016 returned the majority of Kun did not contest these elections the sitting MPs with six new members therefore the second seat for Buada joining the parliament and making was won by new comer Jason their debut in the Twenty-Second Bingham Agir. This was Mr Agir’s Parliament. second effort at running in the Long serving member of parliament Elections for his constituency. Also and former president and speaker first time candidate Asterio Appi Ludwig Scotty lost his seat in his replaced Mr Batsiua in Boe. The two Constituency of Anabar/Ijuw/Anibare Menen seats were won by another as well as another former president second time candidate and former Marcus Stephen in the neighbouring secretary for justice Lionel Aingimea Constituency of Ewa/Anetan. and new candidate Vodrick Detsiogo. Mr Scotty was replaced by new comer Members for Aiwo, Ubenide and Jaden Dogireiy who stood for elections Yaren remain unchanged. a second time and Mr Stephen to first The numbers alongside each time candidate Sean Oppenheimer. candidate name in the following table Suspended MPs Squire Jeremiah and Polling station in Baitsi district indicate the points attained by each former president Sprent Dabwido both candidate. They do not represent the from Menen and Mathew Batsiua of number of individual votes. Cont pg 2... President Waqa announces cabinet ministers even of the eight constituencies cast their vote at the General SElections on 9 July except for Aiwo which had its polling postponed until Monday 11 July. -
Supreme Court of Nauru [2017] NR SC 4
DWN042 v. REPUBLIC OF NAURU (M20/2017) Court appealed from: Supreme Court of Nauru [2017] NR SC 4 Date of judgment: 7 February 2017 This appeal raises issues of whether Nauru’s processes for determination of the Appellant’s application for refugee status by the Refugee Status Review Tribunal pursuant to the Refugees Convention Act 2012 (Nr) (‘the RCA’) breached the principles of natural justice, were unconstitutional because the Appellant was unlawfully detained at the time and whether the High Court has jurisdiction to hear any of the first 3 grounds of the appeal. The Appellant is a man of Pakistani citizenship who has unsuccessfully applied to the Republic of Nauru for refugee status determination. He left Pakistan in July 2013 and was intercepted by Australian authorities on a boat from Indonesia on 3 August 2013 and transferred to Christmas Island where he was detained. He was transferred to Nauru on a regional processing centre visa on 7 September 2013 where he remains. On 8 December 2013 the Appellant made an application to Nauru for refugee status determination under the RCA, relying on grounds based on his alleged fear of persecution and extortion by the Taliban. On 17 July 2014 the Secretary of the Nauru Department of Justice and Border Control determined that the Appellant was not a refugee and was not entitled to complementary protection. The Appellant made an application for merits review of that decision to the Tribunal. The Tribunal affirmed the earlier determination on 29 December 2014. It did not accept that the First Appellant had a well-founded fear of persecution in Pakistan on the claimed grounds. -
IN the SUPREME COURT Not Restricted REPUBLIC of NAURU Civil Suit No.5 of 2013 Kieren Keke MP, Roland Kun MP, Landon Deireregea
------------------------------ IN THE SUPREME COURT Not Restricted REPUBLIC OF NAURU Civil Suit No.5 of 2013 Kieren Keke MP, Roland Kun MP, Landon Deireregea MP, Godfrey Thoma MP, Marcus Stephen MP, Mathew Batsiua MP, and Frederick Pitcher MP. Plaintiffs V Defendant The Hon Ludwig Scotty MP --- JUDGE: Eames, C.J. DATE OF HEARING: 5 March 2013 DATE OF JUDGMENT: 6 March 2013 (1st Revision 11 March 2013) CASE MAY BE CITED AS: Kieran Keke MP and Others v The Hon Ludwig Scotty MP MEDIUM NEUTRAL CITATION: [2013] NRSC 1 --- CATCHWORDS: Constitution – Dissolution of Parliament – Under Article 41(2) Speaker refers to House the advice of the President to dissolve Parliament – Speaker refers advice but then adjourns the House without allowing time for debate by members – Whether Speaker obliged by Art 41(4) to provide an opportunity for the Members to debate the advice and to consider whether to resolve to remove President and Ministers from office. Declaration – Proceedings seeking interpretation of Constitution pursuant to Supreme Court’s powers under Art 54 - Declaration sought as to legal effect of Article 41 – Declaration granted. --- APPEARANCES: For the Plaintiffs Mr R Kun (Pleader) For the Defendant Ms K Le Roy Amicus curiae, by leave Mr S Bliim !Undefined Bookmark , I CHIEF JUSTICE: 1 The plaintiffs are seven members of the Parliament of Nauru. They bring proceedings by way of judicial review pursuant to leave granted by the Registrar under Order 38 of the Civil Procedure Rules 1972. The plaintiffs initially sought orders by way of mandamus and prohibition in addition to relief by way of a declaration directed against the actions of the Speaker of the Parliament, the Hon Ludwig Scotty MP. -
REPUBLIC of NAURU GOVERNMENT GAZETTE PUBLISHED by AUTHORITY EXTRAORDINARY ------No
REPUBLIC OF NAURU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY ------------------------------------------------------------------------------------------------------------------------------- No. 91 09th June, 2013 Nauru ------------------------------------------------------------------------------------------------------------------------------- G.N.No. 427 / 2013 RETURN OF THE WRIT FOR A GENERAL ELECTION OF MEMBERS OF PARLIAMENT OF THE REPUBLIC OF NAURU This is to humbly advise you that in obedience to your Writ of 27th May 2013, I have caused an Election on the date appointed by you, to wit, 8th day of June 2013 on which a poll was held in all Constituencies of the Republic. I hereby return the said Writ attaching herewith the declaration of the result of election in each Constituency with the names of candidates who were declared elected to be the members of the TWENTY-FIRST PARLIAMENT of the Republic. Given under my hand at Nauru this 9 day of the month of June, 2013. BERNARD GRUNDLER RETURNING OFFICER _______________________________________________________________________________________ -2- ------------------------------------------------------------------------------------------------------------------------- No. 91 09th June, 2013 Nauru ------------------------------------------------------------------------------------------------------------------------- G.N.No. 428 / 2013 ELECTORAL ACT 1965 GENERAL PARLIAMENTARY ELECTION 2013 Saturday 8th June, 2013 Presidential Orders 2 and 3 (Gazette 78 of 2013 28 May 2013) PURSUANT TO Section 28 of the Electoral Act 1965 I, BERNARD GRUNDLER, being duly appointed Returning Officer, DO HEREBY GIVE AND DECLARE, that the result of the General Parliamentary Election held on Saturday, 08th June, 2013 are as follows:- CONSTITUENCY OF BUADA Total formal votes cast : 512 Total informal votes cast : 13 Total votes cast : 525 CANDIDATES VALUE OF VOTES CAST 1. ACE CAPELLE 139.042 2. ISMAEL FRITZ 131.988 3. ROLAND KUN 235.308 4. VINSON FRANCO DETENAMO 153.155 5. -
Votes and Proceedings of the Eighteenth Parliament No. 29 First
Votes and Proceedings of the Eighteenth Parliament No. 29 First Sitting of the Seventeenth Meeting Tuesday 22nd December 2009 10.00am 1. The House met at 10.00am in accordance with the resolution made on 26th November 2009 Hon. Riddell Akua, Speaker of Parliament, took the Chair and read Prayers. 2. Statement from the Chair Hon Speaker made the following statement to the House - “Honourable Members, allow me to begin by congratulating the team that presided over the last sitting on 26th November. Let me announce them by their titles and perhaps you may find a little humour to prevail for just a short while. Firstly, the Deputy Speaker, the Honourable Dominic Tabuna, Member for Yaren, sat in this very Chair. In front in the distinguished table, the Deputy Clerk, John Garabwan as the supervisor, assisting him, Deputy trainee clerk, Raines Stephen and on the furthest right of the table, our assistant Parliamentary Counsel, Ms. Catriona Steele. All actors for want of a better description, however judging by the post comments that later came to my ears, I think the substantives must take care or they may have to seek employment elsewhere in the next financial year. My very sincere congratulation to them for a job well done. On a serious note, I think this is a milestone achievement in itself, saying to us all, the parliament is functioning with improved efficiency and going all out to improve in the other aspects of its Parliamentary work. I like all Members not only to recognize the small improvements but to assist by inputs to further progress.