DOCSLIB.ORG

Passage of Change

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

PASSAGE OF CHANGE PASSAGE OF CHANGE LAW, SOCIETY AND GOVERNANCE IN THE PACIFIC edited by Anita Jowitt and Dr Tess Newton Cain Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/passage_change _citation.html National Library of Australia Cataloguing-in-Publication Entry Title: Passage of change : law, society and governance in the Pacific / edited by Anita Jowitt and Tess Newton Cain. ISBN: 9781921666889 (pbk.) 9781921666896 (eBook) Notes: Includes bibliographical references. Subjects: Jurisprudence--Pacific Area. Customary law--Pacific Area. Pacific Area--Politics and government. Pacific Area--Social conditions. Other Authors/Contributors: Jowitt, Anita. Cain, Tess Newton. Dewey Number: 340.5295 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2003 Pandanus Books CONTENTS Acknowledgments vii Table of Abbreviations viii Table of Cases x Table of International Conventions xiii Table of Legislation xiv Notes on Contributors xvii INTRODUCTION Anita Jowitt and Tess Newton-Cain 1 SECTION 1: THE CONTEXT OF CHANGE 1. Modernisation and Development in the South Pacific Vijay Naidu 7 SECTION 2: CORRUPTION 2. Corruption Robert Hughes 35 3. Governance, Legitimacy and the Rule of Law in the South Pacific Graham Hassall 51 4. The Vanuatu Ombudsman Edward R. Hill 71 SECTION 3: CUSTOMARY LAW 5. Custom Then and Now: The Changing Melanesian Family Jean G. Zorn 95 6. Issues in Contemporary Customary Law: Women and the Law Jean G. Zorn 125 7. Rites, Whites and Might: A Critique of the Effect of the Revival of Customary Law upon the Autonomy of Indigenous Women Susan Bothmann 143 v PASSAGE OF CHANGE 8. The Incorporation of Customary Law & Principle into Sentencing Decisions in the South Pacific Region Tess Newton Cain 165 SECTION 4: HUMAN RIGHTS 9. The Notion of Human Rights Anita Jowitt 185 10. Human Rights vs. Custom in the Pacific: Struggle, Adaptation, or Game? Ian Fraser 199 11. Customary Family Law and Gender Discrimination in Papua New Guinea Owen Jessep 215 SECTION 5: NATURAL RESOURCE ISSUES 12. Environmental Law Issues in the South Pacific and the Quest for Sustainable Development and Good Governance Laurence Cordonnery 233 13. Legal Developments in the Conservation and Management of Highly Migratory and Straddling Fish Stocks in the Western and Central Pacific Ocean Laurence Cordonnery 251 SECTION 6: REBUILDING NATION STATES 14. Building Bridges – Law and Justice Reform in Papua New Guinea Sinclair Dinnen 277 15. Constitutions as Limits on the State in Melanesia: Comparative Perspectives on Constitutionalism, Participation and Civil Society Anthony Regan 305 16. Legal Pluralism and the Problem of Identity Robert Hughes 329 INDEX 353 vi ACKNOWLEDGEMENTS The editors wish to thank all of the authors who have contributed to this collection for their ongoing commitment, patience and cheerful acceptance of editorial suggestions. Thanks also go to Ian Templeman, Emily Brissenden and the staff at Pandanus Books who embraced the project with warmth and enthusiasm. Tess would like to thank Anita for having the idea in the first place and Anita would like to thank Tess for her invaluable input on the sbject of capital letters! The enduring accommodation and understanding of Grant and Bernie are duly acknowledged. vii TABLE OF ABBREVIATIONS AusAID: Australian Agency for International Development BCA: Bougainville Constituent Assembly BLV: Bose Levu Vakavanua (Fiji) BRG: Bougainville Reconciliation Government CARMA: Community Area Resource Management Approach (Vanuatu) CCAMLR: Convention on the Conservation of Antarctic Marine Living Resources CDC: Constitutional Development Commission (PNG) CEDAW: Convention on the Elimination of all forms of Discrimination Against Women CLS: Critical Legal Studies CPC: Constitutional Planning Committee (PNG) CPC: Criminal Procedure Code (Vanuatu) CPLCC: Central Polynesian Land and Commercial Company CRC: United Nations Convention on the Rights of the Child CRP: Comprehensive Reform Programme (Vanuatu) CRT: Critical Race Theory CS: Correctional Service (PNG) DAP: Democratic Alliance Party (Cook Islands) DWFN: Distant Water Fishing Nation ECHR: European Convention on Human Rights EEZ: Exclusive Economic Zone EIA: Environmental Impact Assessment FFA: Forum Fisheries Agency FFC: Forum Fishery Committee FSM: Federated States of Micronesia IATTC: Inter American Tropical Tuna Commission IFF: Isantabu Freedom Fighters (Solomon Islands) INA: Institute for National Affairs (PNG) IUCN: International Union for the Conservation of Nature LMS: London Missionary Society LRC: Law Reform Commission (PNG) LUPO: Land Use Planning Office (Vanuatu) MHLC: Multilateral High Level Conference MIRAB: Migration, Remittances Aid and Bureaucracy viii TABLE OF ABBREVIATIONS MP: Member of Parliament MTCs: Minimum Terms and Conditions MSY: Maximum Sustainable Yield NAP: National Alliance Party (Cook Islands) NEC: National Executive Council (Papua New Guinea) NGDP: National Goals and Directive Principles (Papua New Guinea) NGOs: Non-Governmental Organisations NLTB: Native Land Trust Board (Fiji) NM: Nautical Miles PIC: Pacific Island Country PILOM: Pacific Islands Law Officers’ Meeting PNA: Peoples’ National Alliance (PNG) PNG: Papua New Guinea SI: Solomon Islands SPC: Secretariat of the Pacific Community (Formerly the South Pacific Commission) SPREP: South Pacific Regional Environment Programme SVT: Soqosoqo ni Vakavulewa ni Taukei (Fiji) TAC: Total Allowable Catch UDT: Underdevelopment Theories UN: United Nations UNCED: United Nations Conference on Environment and Development UNCHR: United Nations Centre for Human Rights UNCLOS: United Nations Convention on the Law of the Sea UNDP: United Nations Development Programme UK: United Kingdom US(A): United States (of America) USP: University of the South Pacific VANRIS: Vanuatu Resources Information System VMS: Vessel Monitoring System VNPF: Vanuatu National Provident Fund WCPO: Western and Central Pacific Ocean ix TABLE OF CASES Alisae v Salaka [1985/86] SILR 31. 38 Application of Thesia Maip; In the Matter of the Constitution, s 42(5) [1991] PNGLR 80.. 96, 99ff, 110 Banga v Waiwo, Unreported, Supreme Court of the Republic of Vanuatu, Civ App 1/96, 17th June 1996. 164 Bore Konia v Daniel Dosinga and the State of PNG (1989) N 745. 218 Cooper v Slade (1858) 6 H.L.C. 746.. 38 Donoghue v Stevenson [1932] AC 562. 188 Eernale Cagiliba v R, Unreported, Supreme Court of Fiji Islands (Appellate Jurisdiction), Criminal Appeal No 30 of 1977, 13th May 1977. 174 Haiveta v Wingti and Ors (no.1) [1994] PNGLR 160. 313 Haiveta v Wingti and Ors (no.3) [1994] PNGLR 197. 326 Hala v R [1992] Tonga LR 7.. 172 Helen Jack v Karani and Papua New Guinea [1992] PNGLR 391.. 204, 212 Henry Aisi v Malaita Hoala [1981] PNGLR 199.. 142 In re Moresby Parliamentary Election No. 2 [1977] PNGLR 448. 48–49 John Noel and Obed Toto, Unreported, Supreme Court of the Republic of Vanuatu, Civil Case No 18 of 1994 19th April, 1995. 117, 164 Kaliopa v Silao, Unreported, High Court of American Samoa: Land & Title Division, 1983. 140 Komaip Trading v Wauglo and Papua New Guinea [1995] PNGLR 165. 204, 212 Le Tagaloa Pita v Attorney-General, Unreported, Court of Appeal of Western Samoa CA 7/95, December 1995.. 204 Manunivavalagi Dalituicama Korovulasvula v Public Service Commission, Unreported, Fiji Islands Court of Appeal, Civil Appeal No 6/94. 40 McMoore & ors v Popoali’i & ors, Unreported, High Court of American Samoa, Land & Title Division, LT No. 20–88, 1989. 140 x TABLE OF CASES Menyamya v Open Parliamentary Election [1977] PNGLR 302. 48 Molu v Molu No. 1, Unreported, Supreme Court of the Republic of Vanuatu, Civil Case No. 130 of 1996, Matrimonial Case No. 2 of 1996, 21st April 1998. 122 Molu v Molu No. 2, Unreported, Supreme Court of the Republic of Vanuatu, Civil Case No. 30 of 1996, Matrimonial Case No. 130 of 1996, 15th May 1998. 96, 107ff Mose v Masame [1930–49] WSLR 140. 140 Ombudsman v Fr. Gerard Leymang, Unreported, Supreme Court of the Republic of Vanuatu, Civil Case No. 3 of 1997, 25 August 1997. 77 Ombudsman v The Attorney General & anor, Unreported, Supreme Court of the Republic of Vanuatu, Constitutional Case No 114 of 1997, 30 October 1997. 78 Ombudsman v Willie Jimmy, Maxime Carlot Korman et al, Unreported, Supreme Court of the Republic of Vanuatu, Constitutional Case No. 104 of 1997, 4 May 2001. 77 Pandosy Jean Charles v Pascaline Thuha, Unreported, Supreme Court of the Republic of Vanuatu, Matrimonial Case No. 16 of 1996, 10th December 1997. 117 Peter Salemalo v Paul Ren Tari and the Electoral Commission, Unreported, Supreme Court of the Republic of Vanuatu, Election Petition No. 30 of 1998, 3rd July 1998. 155 Prasad v Republic of Fiji [2001] NZAR 21 . 313, 327 Public Prosecutor v Kota, Unreported, Supreme Court of the Republic of Vanuatu, Criminal Case No. 58 of 1993, 31st August 1993. 127ff, 136, 137 Public Prosecutor v Iata Tangitom, Unreported, Supreme Court of the Republic of Vanuatu, CR No. 14 of 1998, 3rd August 1998.. 166, 173 Public Prosecutor v Lissy Kalip, Unreported, Supreme Court of the Republic of Vanuatu, CR No. 54 of 1997, 6th October 1998.. 181 Public Prosecutor v Peter Thomas, Unreported, Supreme Court of the Republic of Vanuatu, CR No. 4 of 1998, 22nd March 1999.. 175 Republic of Fiji v Prasad Unreported, Court of Appeal of Fiji, Civ. App 78/2000S, 1 March 2001 . 313, 327 R. v Carr [1956] 2 All E.R. 979. 38 R v Challoner (1990) 49 A. Crim. R. 370. 39, 40 R. v Loumia [1985/86] SILR 158. 173, 176 R. v Mills (1978) 68 Cr. App. Rep. 154 at 158.. 38 R. v Minor (1992) 79 NTR 1. 177 R v Nath (1994) 74 A. Crim. R 115 at 119.
Recommended publications
  • Niue Constitution

    Niue Constitution

    157 PACIFIC CONSTITUTIONS – OVERVIEW Ces deux articles présentent les règles constitutionnelles aujourd’hui en vigueur à Niue et à Tokelau, leurs fonctions et leurs principales conditions de mise en œuvre. The following papers give a law introduction to the constitutions of Niue and Tokelau and provide a current overview of their role and key provisions. THE NIUE CONSTITUTION A H Angelo* The Constitution of Niue is neat and technically may be the best of all the constitutions of the South Pacific countries. The Constitution's origins are in an Act of the New Zealand Parliament1 but, following constitutional convention and the traditional Common Law model,2 the country is autonomous. I INTRODUCTION A History The Constitution of Niue has evolved out of early New Zealand colonial statutes. The first was the Cook and Other Islands Government Act of 1901 and subsequently, * Professor of Law, Victoria University of Wellington, New Zealand. This paper is a chapter originally prepared as a contribution for a book on constitutional evolution in the Pacific. 1 Niue Constitution Act 1974. 2 The independence constitutions of most countries in the region were law of the United Kingdom eg Australia (the Commonwealth of Australia Constitution Act 1900), New Zealand (New Zealand Constitution Act 1854), Solomon Islands (Solomon Islands Order in Council SO&I 1978/783). 158 (2009) 15 REVUE JURIDIQUE POLYNÉSIENNE just prior to the self-determination of the Cook Islands, a Cook Islands Amendment Act was promulgated which effectively severed Niue from the territory of the Cook Islands.3 The early statutes4 provided a code of laws for Niue.
  • Pol I T Ical Reviews ‡ Melanesia 491 Papua New Guinea

    Pol I T Ical Reviews ‡ Melanesia 491 Papua New Guinea

    pol i t ical reviews melanesia 491 $LUNR3DSXDKWWSZZZSDSXDEDUDWQHZV swaps in ministerial portfolios, the FRP replacement of two deputy prime min- Pembebasan PapuaKWWSSHPEHEDVDQ isters, and a constitutional blunder in SDSXDEORJVSRWFRP the reelection of the governor-general. In spite of the political rollercoaster, 3ROLWLN,QGRQHVLDKWWSZZZ .politikindonesia.com the Somare government successfully thwarted numerous attempts by the Presiden Republik Indonesia. Opposition to remove Sir Michael KWWSZZZSUHVLGHQULJRLG Somare as prime minister, thus making Radio Republik Indonesia. the government more confident than KWWSZZZUULFRLG ever to assert its grip on power until Rakyat Merdeka. Daily. Jakarta. Online at the national elections in 2012. It was KWWSZZZUDN\DWPHUGHNDFRLG also a year of legal battles and protests on controversial constitutional amend- 5HSXEOLNDFRLGKWWSZZZUHSXEOLND FRLG ments and environmental issues. The concerned public, landowner groups, Sekretariat Kabinet Republik Indonesia. and nongovernmental organizations KWWSZZZVHWNDEJRLG have become a fortified mouthpiece of Suara Pembaruan. Daily. Jakarta. Online the people on issues of human rights, DWKWWSZZZVXDUDSHPEDUXDQFRP equality, environment, and the consti- Survival: The Movement for Tribal tutionality of amendments to laws that 3HRSOHVKWWSZZZVXUYLYDOLQWHUQDWLRQDO seem to favor politicians and multina- RUJ tional companies over people’s rights. Tabloid Jubi Online: An Alternative Media Unlike in previous years, these interest LQ7DQDK3DSXDKWWSWDEORLGMXELFRP groups showed the government
  • State Societyand Governancein Melanesia

    State Societyand Governancein Melanesia

    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Australian National University Research School of Pacific and Asian Studies State, Society and Governance in Melanesia StateSociety and in Governance Melanesia DISCUSSION PAPER Discussion Paper 2008/10 COURTS AND COUPS IN FIJI: THE 2008 HIGH COURT JUDGMENT IN QARASE V BAINIMARAMA INTRODUCTION not provided for in the constitution, and that GEORGE ‘exceptional circumstances existed’ because WILLIAMS On 21st October 2008, the State, Society ‘the stability of the State was endangered’. & Governance in Melanesia Program held a The decision effectively legitimised the interim GRAHAM workshop entitled Courts and Coups; Fiji’s government that had emerged in the wake of LEUNG October 2008 High Court Judgment in the Fiji’s December 5 2006 military coup. Qarase v Bainimarama Case. This brought together George Williams, the Anthony In the first of the four papers included ANTHONY J. Mason Professor in the Faculty of Law at here, Professor George Williams, who REGAN the University of New South Wales, Graham served as Counsel in the 2001 Chandrika Leung, the Managing Partner of Howards Prasad case - which ruled the government JON Lawyers in Suva, as well as Anthony Regan that arose after Fiji’s 2000 coup to be illegal FRAENKEL and Jon Fraenkel from the State, Society - discusses the precedents set by that earlier & Governance in Melanesia Program at case, and how these were dealt with by the ANU. The meeting was chaired by Duncan Fiji judges in 2008. In the second paper, Kerr, Australia’s Parliamentary Secretary for Graham Leung, a lawyer who practises in Fiji Pacific Affairs.
  • Governance and Culture: Whether Niue Should Develop Law and Policy

    Governance and Culture: Whether Niue Should Develop Law and Policy

    139 GOVERNANCE AND CULTURE: SHOULD NIUE DEVELOP LAW AND POLICY FOR AN OMBUDSMAN SERVICE? K Sinahemana Hekau∗ This paper considers the possibility of establishing the office of Ombudsman in Niue. This is an edited version of a paper presented at the 11th Pacific Science Inter Congress held in Tahiti in March 2009. Cet article envisage les conditions de la mise en place d’un Ombudsman à Niue. Les développements qui suivent, représentent la version complétée d'une présentation faite lors du 11e Inter-congrès des Sciences du Pacifique qui s’est tenu à Tahiti en mars 2009. Thirty-five years into self-government, Niue has been invited to follow its Forum1 peers and establish an Ombudsman service. Under ∗ LLM (VUW); Barrister and Solicitor of the High Court of Niue. The assistance of the Alliance Française, the Government of Niue, and the Pacific Ombudsman Alliance for the preparation of this paper is gratefully acknowledged. 1 Pacific Islands Forum members are; Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, New Zealand, Niue, Palau, Papua New Guinea, Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. 140 GOUVERNANCE DANS LE PACIFIQUE SUD the Forum's Pacific Plan, good governance is featured as one of the key pillars for achieving the Pacific Leaders vision:2 Leaders believe the Pacific region can, should and will be a region of peace, harmony, security and economic prosperity, so that all its people can lead free and worthwhile lives. We treasure the diversity of the Pacific and seek a future in which its cultures, traditions and religious beliefs are valued, honoured and developed.
  • Traditional Leadership in the Constitution of the Marshall Islands

    Traditional Leadership in the Constitution of the Marshall Islands

    TRADITIONAL LEADERSHIP IN THE CONSTITUTION OF THE MARSHALL ISLANDS by C. J. LYNCH Working Papers Series Pacific Islands Studies Center for Asian and Pacific Studies in collaboration with the Social Science Research Institute University of Hawaii at Manoa Honolulu, Hawaii Joe Lynch is a consultant on legislation and constitutional drafting whose long experience in the Pacific encompasses island areas in Micronesia, Melanesia, and Polynesia. Robert C. Kiste, Director Pacific Islands Studies Program Center for Asian and Pacific Studies University of Hawaii at Manoa Honolulu, Hawaii 96822 TRADITIONAL LEADERSHIP IN THE CONSTITUTION OF THE MARSHALL ISLANDS (With Comparative Notes) C. J. Lynch 1984 TABLE OF CONTENTS Preface v Introductory 1 Part I. THE COUNCIL OF IROIJ l. The precursors 3 2. Functions of the Council 4 (a) General 4 (b) Relations with the Nitijela 6 ( c) The Council in action 9 3. Composition of the Council 10 4. Procedures of the Council 13 5. Miscellaneous matters 14 6. Comparisons 16 (a) Palau 16 (b) The Federated States of Micronesia 17 (c) Yap 18 (d) Vanuatu 21 (e) Western Samoa 22 (f) The Cook Islands 22 (g) Comment 24 Part II. THE TRADITIONAL RIGHTS COURT 7. The Traditional Rights Court and the judicial system 27 ADDENDUM: Two problems of interpretation 8. Comparisons and comment 34 Part III. CONCLUSION 9. General comments 35 10. Is a traditional input desirable? 37 APPENDIX 42 NOTES 43 iii PREFACE It hardly needs to be said that this paper is written by a lawyer and from a lawyer's point of view. This fact, however , necessarily means that it is selective, firstly in the aspects of its subject that are considered and secondly in the detail (especially on non-legal aspects) into which it goes.
  • 1 EXPLANATORY NOTE This Is the Report of the Commonwealth

    1 EXPLANATORY NOTE This Is the Report of the Commonwealth

    EXPLANATORY NOTE This is the Report of the Commonwealth Observer Group which was present for the General Election in Fiji Islands, held from 6 to 13 May 2006. The Group’s report is reproduced here in the form in which it was signed by the Observers prior to their departure from Suva on 21 May 2006. It was transmitted to the Commonwealth Secretary- General on Friday 2 June 2006. During the following week he sent it to the Prime Minister of Fiji Islands, the Chairman of the Electoral Commission, the Supervisor of Elections, the leaders of the main political parties and Commonwealth governments. It was placed on this web-site and released to the media on Monday 12 June 2006. Printed copies are available from: Democracy Section Political Affairs Division Commonwealth Secretariat Pall Mall London SW1Y 5HX United Kingdom Tel: +44 207 747 6407/6397/6398 Fax: +44 207 930 2189 • Please note that the page numbers shown on the contents page relate to the printed version of the report. Only Annexes II and IV are shown. The others will be added at a later date. 1 Fiji Islands General Election 6-13 May 2006 REPORT OF THE COMMONWEALTH OBSERVER GROUP 2 CONTENTS Page Letter of Transmittal CHAPTER ONE - INTRODUCTION 1 Invitation 1 Terms of Reference 1 Activities of the Group 2 CHAPTER TWO – POLITICAL BACKGROUND 4 Brief Historical Background 4 Political Overview 4 The Development of the 1997 Constitution 5 1999 Elections 6 2000 George Speight Coup 6 Commonwealth Engagement 7 2001 Election and Section 99 (5) of the Constitution 7 Talanoa Process 8 CMAG Meeting
  • Press Review: Mining in the South Pacific

    Press Review: Mining in the South Pacific

    Press review: Mining in the South Pacific Vol. 5, No. 5, September – October 2013, 162 pages Compilation: Dr. Roland Seib, Hobrechtstr. 28, 64285 Darmstadt, Germany http://www.roland-seib.de/mining.html Copyright: The material is copyrighted by the media and authors quoted. Abbreviations in common use: BCL: Bougainville Copper Limited LNG: Liquid Natural Gas PIR: Pacific Islands Report PNG: Papua New Guinea Websites: Pacific Islands Report: http://pidp.eastwestcenter.org/pireport/graphics.shtml PNG Post-Courier: http://www.postcourier.com.pg PNG The National. http://www.thenational.com.pg ------------------------------------------------------------------------------------ UN expert body urges action to prevent violation of indigenous rights due to business activities PACNEWS, 31/10/2013 States and corporations need to do more to prevent the violation of indigenous peoples’ rights as a result of business-related activities, a United Nations independent expert body has said. “Indigenous peoples are among the groups most severely affected by the extractive, agro-industrial and energy sectors,” said Pavel Sulyandziga, Chair of the UN Working Group on the issue of human rights and transnational corporations and other business enterprises. “Negative effects range from indigenous peoples’ right to maintain their chosen traditional way of life, with their distinct cultural identity, to discrimination in employment and in accessing goods and services.” Other challenges involved land use and ownership, as well as displacement through forced or economic resettlement Sulyandziga said yesterday in his presentation of the Working Group’s report to the General Assembly’s social, humanitarian and cultural committee (Third Committee) on the adverse effects of business activities on indigenous peoples’ rights. “Such disruption often leads to serious abuses of civil and political rights, with human rights defenders in particular put at risk,” Sulyandziga said.
  • Annual Report of the Colonies, Northern Rhodesia, 1936

    Annual Report of the Colonies, Northern Rhodesia, 1936

    COLONIAL REPORTS—ANNUAL No. 1811 Annual Report on the Social and Economic Progress of the People of NORTHERN RHODESIA 1936 (For Reports for rg^ and 1955 see Nos. 1J21 and ij6g respectively (price 2s. od. each)) Crown Copyright Reserved LONDON PRINTED AND PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE To be purchased directly from H.M. STATIONERY OFFICE at the following addresses: Adastral House, Kingsway, London, W.C.2 5 120 George Street, Edinburgh z\ 26 York Street, Manchester 1; t St. Andrew's Crescent. Cardiff; 80 Chichester Street, Belfast} or through any bookseller *937 Price zs. od. net ANNUAL REPORT ON THE SOCIAL AND ECONOMIC PROGRESS OF THE PEOPLE OF NORTHERN RHODESIA, 1936 CONTENTS Chapter. PHC I.—GEOGRAPHY, CLIMATE, AND HISTORY 2 II.—GOVERNMENT 6 III.—POPULATION 8 IV.—HEALTH 9 V.—HOUSING ••• 12 VI.—PRODUCTION 13 VII.—COMMERCE 19 VIII.—WAGES AND COST OF LIVING 22 IX.—EDUCATION AND WELFARE INSTITUTIONS 24 X.—COMMUNICATIONS AND TRANSPORT 27 XI.—BANKING, CURRENCY, AND WEIGHTS AND MEASURES 31 XII.—PUBLIC WORKS 32 XIII.—JUSTICE, POLICE, AND PRISONS 33 XIV.—LEGISLATION 35 XV.—PUBLIC FINANCE AND TAXATION 37 APPENDIX—BIBLIOGRAPHY 42 MAP I.—GEOGRAPHY, CLIMATE, AND HISTORY. Geography. The territory known as the Protectorate of Northern Rhodesia lies between longitudes 220 E. and 33° 33' E. and between lati­ tudes 8° 15' S. and 180 S. It is bounded on the west by Angola, on the north-west by the Belgian Congo, on the north-east by Tanganyika Territory, on the east by the Nyasaland Protectorate and Portuguese East Africa, and on the south by Southern Rhodesia and the mandated territory of South West Africa, comprising in all an area that is computed to be about 290,320 square miles.
  • Papua New Guinea

    Papua New Guinea

    COUNTRY REPORT Papua New Guinea The full publishing schedule for Country Reports is now available on our website at http://www.eiu.com/schedule. 4th quarter 1999 The Economist Intelligence Unit 15 Regent St, London SW1Y 4LR United Kingdom The Economist Intelligence Unit The Economist Intelligence Unit is a specialist publisher serving companies establishing and managing operations across national borders. For over 50 years it has been a source of information on business developments, economic and political trends, government regulations and corporate practice worldwide. The EIU delivers its information in four ways: through subscription products ranging from newsletters to annual reference works; through specific research reports, whether for general release or for particular clients; through electronic publishing; and by organising conferences and roundtables. The firm is a member of The Economist Group. London New York Hong Kong The Economist Intelligence Unit The Economist Intelligence Unit The Economist Intelligence Unit 15 Regent St The Economist Building 25/F, Dah Sing Financial Centre London 111 West 57th Street 108 Gloucester Road SW1Y 4LR New York Wanchai United Kingdom NY 10019, US Hong Kong Tel: (44.20) 7830 1000 Tel: (1.212) 554 0600 Tel: (852) 2802 7288 Fax: (44.20) 7499 9767 Fax: (1.212) 586 1181/2 Fax: (852) 2802 7638 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Website: http://www.eiu.com Electronic delivery EIU Electronic New York: Lou Celi or Lisa Hennessey Tel: (1.212) 554 0600 Fax: (1.212)
  • Study on Acquisition and Loss of Citizenship

    Study on Acquisition and Loss of Citizenship

    COMPARATIVE REPORT 2020/01 COMPARATIVE FEBRUARY REGIONAL 2020 REPORT ON CITIZENSHIP LAW: OCEANIA AUTHORED BY ANNA DZIEDZIC © Anna Dziedzic, 2020 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Requests should be addressed to [email protected]. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Global Citizenship Observatory (GLOBALCIT) Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Comparative Regional Report on Citizenship Law: Oceania RSCAS/GLOBALCIT-Comp 2020/1 February 2020 Anna Dziedzic, 2020 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) www.eui.eu/RSCAS/Publications/ cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world.
  • Supreme Court 3 R- ( , CHAPTER 13 SUPREME COURT

    Supreme Court 3 R- ( , CHAPTER 13 SUPREME COURT

    Cap. 13 Ed. 1978 Supreme Court 3 r- ( , CHAPTER 13 SUPREME COURT ARRANGEMENT OF SECTIONS PART I-PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Name of Court and general jurisdiction. 4. Seal of Court. PART II-CONSTITUTION OF THE COURT 5. Constitution of Court. 6. Powers of judges. 7. Precedence of judges. PART III-OFFICERS OF THE COURT 8. Officers. 9. Duties of Chief Registrar. 10. When Chief Registrar unable to perform his duties. 11. Magistrate to act as Chief Registrar in certain cases. 12. Powers of Deputy Registrar or District Registrar. PART IV-FUNDS IN COURT 13. Funds in Court. 14. Moneys to be held in trust. 15. Liability of Consolidated Fund. 16. Rules. PART V-SHERIFF AND ADMIRALTY MARSHAL 17. Appointment and duties of Sheriff and Admiralty Marshal. PART VI-JURISDICTION 18. Court to have jurisdiction of High Court of Justice in England. 19. In probate, divorce and matrimonial causes. 20. Power to appoint guardians and committees. 21. Admiralty jurisdiction of Court. 4 Supreme Court Cap. 13 Ed. 1978 PART VII-IMPERIAL LAWS 22. What imperial laws to be in force. 23. Practice. 24. Imperial laws to be subject to Fiji jurisdiction and Acts. PART VIII-RULES 25. Power to make rules. PART IX-MISCELLANEOUS ""') 26. Sittings of the Court. 27. Delivery of judgments and orders. 28. Vacations. 29. Expenses of witnesses in civil proceedings. 30. Expenses of witnesses in criminal proceedings. 31. Mode of trial in civil causes. 32. Power to impose charge on land of judgment debtors. SUPREME COURT Ordinances Nos. 14 of 1875,9 of 1883,7 of 1893,9 of 1899,1 of 1904,8 of 1904,7 of 1909,7 of 1910, 13 of 1916, 5 of 1920, 4 of 1924, 19 of 1929,5 of 1930, 32 0[1930, 19 of1931 , 290f1932, 23 of 1937,3 of 1940,30 of 1940,21 of 1944,2 of 1945,3 of 1945, 19 of 1951,44 of 1960, 8 of 1961,37 of 1961, 23 of 1965, 35 of 1965, 27 of 1966, Order, 31st Jan., 1967, 7th Oct., 1970.
  • Interpretation Act 2004

    Interpretation Act 2004

    Interpretation Act 2004 NIUE LAWS LEGISLATION AS AT DECEMBER 2006 INTERPRETATION ACT 2004 PART 1 GENERAL 1 Name 2 Purposes 3 Application 4 Sources of law 5 Definitions 0 PART 2 PRINCIPLES OF INTERPRETATION 6 Ascertaining meaning of legislation 7 Enactments do not have retrospective effect PART 3 LEGISLATION 8 Date of commencement 9 Time of commencement 10 Exercise of powers between passing and commencement of legislation 11 Power to appoint to an office 12 Power to correct errors 13 Exercise of powers by deputies 14 Exercise of powers and duties 15 Effect of repeal generally 16 Effect of repeal on enforcement of existing rights 17 Effect of repeal on prior offences and breaches of enactments 18 Enactments made under repealed legislation to have continuing effect 19 Powers exercised under the repealed legislation to have continuing effect 20 References to repealed enactment 21 Amending enactment part of enactment 22 Regulations 23 Power to make regulations 24. Enactments not binding on the Government PART 4 MISCELLANEOUS 25 Use of forms 26 Bodies corporate 27 Parts of speech and grammatical forms 28 Number 29 Calendar and standard time 30 Calculation of time 31 Distances 32 Thumbprint or mark in lieu of signature 33 Electronically recorded documents 34 Currency 35 Publication 36-37 [Spent] _____________________________ Relating to the interpretation, application, and effect of legislation and public documents PART 1 GENERAL 1 Name This is the Interpretation Act 2004. 2 Purposes The purposes of this Act are— (a) To state principles and rules for the interpretation of legislation and public documents; (b) To shorten legislation and public documents; and (c) To promote consistency in the language and form of legislation and public documents.