This Act, consisting of 9 sections, makes provision for the administration of Tokelau and in particular provides with respect legislative powers of the General Fono and the Governor-General, proof of existence of rules, disallowance of rules and restoration of legislation. The Act also provides for the continuation in force of existing Laws and the application of common law of England.
This Act amends the Land Act (Cap. 132) by repealing and substituting Schedule XII. Schedule XII, made under section 169 of the principal Act, prescribes Land Court fees.
Amends: Land Act. (1988)
This Act repeals the Tonga Electric Power Board Act (CAP.93) and provides rules of transition in relation with such repeal. Notwithstanding the repeal, at the date of coming into operation of this Act any licence granted under the Tonga Electric Power Board Act (CAP. 93) shall continue to be valid on such terms and conditions of approval for the period stipulated therein.
Repeals: Tonga Electric Power Board Act. (1988)
This Act imposes a tax on land to be paid annually by landowners or, in case of leased land and usufruct, by the tenant. Tax shall also be paid by owners of land registered in the register of native lands. Land shall be assessed for tax by the local government council within whose area of authority the land is situated. The method of assessment adopted by the council and the amount of tax imposed shall be approved by the Minister. The Act also provides for review and appeal and imposes fines for non-payment of tax.
This Chapter provides in respect of certain matters relative to the sale, gift, exchange, or any other method of disposal of land. There is created a Land Commission which shall endeavour to prevent the monopolistic ownership of land and undesired alienations of communal lands by those charged with the management and control thereof. For this purpose the Commission shall make recommendations to the Governor respecting the approval or disapproval of instruments affecting the title, ownership or possession of land which require approval of the Governor pursuant to section 4.
If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Territory. If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Territory.
This Chapter provides for certain aspects of the enforcement of a mortgage. The High Court may assess the amount due upon a mortgage whether of real or personal property, and shall render judgment for the amount awarded, and the foreclosure of the mortgage. Execution may be issued on the judgment, as ordered by the court. All prior and subsequent mortgage creditors whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action.
This Chapter provides for certain matters relating to title in land. The owner of any land in American Samoa, not previously registered, may register his or her title thereto with the Territorial Registrar, but no title shall be registered unless the Registrar is satisfied that there is no conflicting claim thereto and unless the description clearly identifies the boundaries of the land. Every registration shall specify whether the land is registered as family owned communal land or individually owned land.
This Chapter makes provision for the administration of estates of deceased persons. The estates of deceased persons shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over such estates. Section 5 defines the priority for granting letters of administration of estates to relatives, creditors or persons appointed by the trail division of the High Court. Sections 6 and 7 concern qualifications of administrators and executors.
The Provisions of this Chapter regulate certain aspects of the creation and enforceability of mortgages on real property or fixtures. Every transfer of an interest in real property or fixtures made as security for the performance of another act or subject to defeasance upon the payment of an obligation, whether the transfer is made in trust or otherwise, is to be considered a mortgage and shall create a lien only as security for the obligation and shall not be deemed to pass title.
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