Herald Issue 780 20 August 2015

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Herald Issue 780 20 August 2015 PB COOK ISLANDS HERALD19 August 2015 $2 (incl VAT) Goldmine Model, the beautiful Tepaeru featured here modelling this beautiful necklace, bracelet, and earrings from Goldmine. Cakes for all ocassions! Edgewater Cakes Enquiries call us on 25435 extn 7010 Sunset BarBQs at the Shipwreck Hut Saturday Seafood menu with Jake Numanga on the Ukulele 6pm Tuesday Sunset BBQ with Garth Young on Piano 6pm Thursday Sunset Cocktails with Rudy Aquino 5.30pm-7.30pm Reservations required 22 166 Aroa Beachside Inn, Betela Great Food, Great Entertainment Always the best selection, best price & best service at Goldmine! POWERBALL RESULTS Drawn:13/8/15 Draw num: 1004 PB TATTSLOTTO RESULTS Drawn:15/8/15 Draw num: 3555 SUPP: OZLOTTO RESULTS Drawn: 18/8/15 Draw num: 1122 Next draw: SUPP: Cook islands Herald 19 August 2015 News 2 Puna appeases voters with money for shopping Prime Minister and Manihiki Mayor override the Land Court Judicial process Mayor Ngamata Napara (centre) and PM Henry Puna (right) ast Friday morning 14 cultivated by Puna to buy votes from his constituency Puna does structures and systems. For the June 2015 the Land Court is so prevalent in Manihiki it has it anyway for they are the fruit of self preserving Puna the law is Lheard an application by become a rod for his own back, his scheming labour. Desperate to there to be transgressed and government, presented by Crown under pressure from members stay in the Manihiki good books corrupted so much so he is law, requesting the court to allow of the Manihiki contingent for in case he’s forced to go back to unrivalled and in a master class of government to pay certain people shopping money Puna caved the polls early Puna doesn’t just his own. in Manihiki part of the money In the afternoon before the already given the Land Court by end of work, the Office of the government for compensation Prime Minister paid 10 people of land acquired by government The no shame hand from Manihiki certain amounts of for the solar power projects of money as part compensation for Manihiki. Government made the Manihiki solar project lands. this submission pointing out that out culture cultivated These people’s names were given landowners have been waiting to the office of the Prime Minister too long for compensation. by Puna to buy votes is by Ngamata Napara the Mayor Legal representatives for some of Manihiki and the money paid of the people with claims for out came from of all places the ownership of lands acquired for so prevalent government’s contingency fund these projects rightly pointed out at the instruction of the Minister to the Court that this application of Finance Mark Brown. was highly irregular since the in Manihiki... As one lawyer in Court stated, Court has yet to decide who she will dearly want to see the the landowners of these lands list of people government is are, boundaries for each piece into their persistent pestering. bend over backwards but he has proposing to pay since the Land of land and the right level of The problem is the cash strapped become a contortionist. Court has not finalised such a compensation for these lands. The Puna failed through the Land While Puna preaches the law list. Another lawyer suggested Judge did not take long to agree Court to legitimise advancing his the good old fashion Adventist that this application smacks of and turn down the application. follower’s tax payer’s cash. But way he is void of any morality political interference. The no shame hand out culture when it comes to the bludgers to respect and work within its Continued next page PB Cook islands Herald 19 August 2015 news 3 Crown Law circulates Occupation Right thinking of Land Court Judges Crown Law has circulated a draft Practice Note prepared by the two Land Division Judges. According to the circulation the Chief Justice is seeking views of the members of the legal fraternity. PRACTICE NOTE REGARDING for an Occupation Right Order granted; Court Orders are usually made in OCCUPATION RIGHT ORDERS for residential purposes is (b) Whether or not the the following terms: PURSUANT TO S.50 COOK placed before the Court for applicant has disclosed that other i. The term of the Order ISLANDS ACT 1915 FOR consideration it must be Occupation Rights on the particular will not in any event exceed 60 RESIDENTIAL PURPOSES accompanied by the following: island concerned are held; years. 17 June 2015 i. A plan of the proposed (c) Whether or not the ii. The Occupation Right is [1] This practice note is Occupation Right area certified area sought is more than a to enable the use or construction issued to address concerns by the Chief Surveyor or his quarter acre. and use of a dwelling. If there is relating to Occupational Right delegate. The plan is to show the iii. A declaration by the no dwelling on the land the holder Orders in terms of s50 of the general topography of the area applicant as to what other is to commence construction Cook Islands Act 1915 and has and to show existing structures Occupation Right Orders are held of the dwelling within five (5) been endorsed by the Chief or improvements if any. or may reasonably be expected years and complete construction Justice of the Cook Islands. ii. A certificate signed by to be held on the death of the within seven (7) years. If these [2] This practice note the Deputy Registrar: present holder of an Occupation terms are not met the Order will replaces that issued by Hingston (a) Certifying the number Right Order. automatically lapse and be of no J, however, it retains some of of owners in the land, including [4] Without intending to effect. its content. It applies only to deceased owners, and the fetter the discretion of any Court iii. The right of occupation Occupation Right Orders for number of owners who have when determining the terms and hereby granted may be used by the residential purposes. signified that they wish the conditions of such an Order, the owner of the right of occupation as [3] Before an application Occupation Right Order to be applicant should be aware that continued page 6 In reality this move by the There are very serious Cook Islands Party government questions here for government is reminiscent of the foul and particularly for the Prime SWITCH ON WITH odour that is permeating Minister Henry Puna to answer. from the Schoonergate saga. 1. How can a Mayor usurp Government’s contention that the authority of the court in the Te Aponga Uira the Manihiki landowners have investigation of landownership? been waiting too long is just more 2. How can the PM, a spin doctoring that must come lawyer, give government money, How do you get as a surprise to the Rakahanga beyond what is appropriated for landowners who gave their land land compensation when the for the solar project well before court deemed such compensation the Manihiki landowners. unwise when it turned down reconnected? Furthermore the biggest government’s application on recipient of money out of the Friday? 10 people nominated by Mayor 3. What will government Napara is a woman who received do if the court determines that $5000. This woman’s son is the some or others who have received PM’s driver and is married to the payment from government Napara’s daughter. This woman are not landowners or are not hasn’t even submitted a claim of entitled to the amount of money ownership for her family’s land they have received? to the Land Court which anyone 4. Mayor Napara and the must do in order to be part of the Prime Minister already know that investigation of title for any land. the largest recipient of money Furthermore, both the Mayor on Friday was claiming to be the and the Office of the Prime sole landowner when she had a Minister knew that this woman large family of uncles, aunts and is claiming to be the sole owner cousins and none of these family of the land under consideration members agreed to her claim? when she had brothers and 5. Is government so naive sisters plus 9 other uncles and to think that this illegal and aunts and this family only makes corrupt payout to a select few up 50% of the owners of this land. will make the many hundreds Here is what you must do to get the power on after With the Manihiki Island Council of landowners supportive of it has been cut off because of unpaid bills: election coming up in early 2016 this solar project? Already this corrupt exercise dreamed some landowners are looking at • Pay a $149.50 reconnection fee; and up by Mayor Napara and the taking out an injunction against Prime Minister has very serious government’s illegal taking of • Pay 75% of your outstanding power bill implications. their land. - George Pitt www.teaponga.com PM on State visit rime Minister Henry Puna is visiting New Zealand as an Official Guest of the New Zealand Government from 17 – 24 PAugust to celebrate in New Zealand the 50th Anniversary of Self Government in Free Association. The timing of the visit coincides with the conclusion of the official program for the 50th celebrations that took place in Rarotonga from 27 July to 6 August 2015. The visit to New Zealand will be a blend of official, community and business engagements and an invaluable opportunity for the two Governments to explore further cooperation in the years ahead, building on talks held in Rarotonga on the 4th August.
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