Home | Databases | WorldLII | Search | Feedback Cook Islands Court Rules

Practice note regarding determination of rental for commercial leases

[1] This practice note is issued to address concerns that Justices of the Land Division of the High Court of the Cook Islands have when determining applications for the determination of rentals for commercial leases.

[2] The practice note has been discussed by Justices Savage and Isaac as Justices of the Land Division with Chief Justice Weston. The Chief Justice endorses the issue of this practice note.

[3] On 4 September 2013 Justice Isaac held a judicial conference in Rarotonga with counsel and land agents involved in applications for determination of rentals for commercial leases to advise them that the Court was concerned with the lack of valuation or other expert evidence filed in support of such applications.

[4] The Court considered that such evidence was necessary to enable the Court to make informed and consistent decisions. This view was expressed recently in the decision of Justice Isaac in Ngamata Makea v McMahon[1] and that of Justice Savage in Puoromea Section 49D.[2] Copies of these decisions are attached.

[5] To address the concerns of the Court, all applications to determine the rentals of commercial properties should be supported by valuation or other expert evidence to corroborate the recommended rental.

[6] Counsel and land agents are advised that if such applications do not have the necessary supporting valuation evidence, these applications will be adjourned to enable the necessary evidence to be filed.

[7] The Registrar is to circulate this practice note to all counsel and land agents who file applications for determination or rentals with the Land Division of the Cook Islands High Court.

Dated this 9th day of October 2013.

^[1] Ngamata Makea v McMahon (Unreported, High Court Cook Islands, Land Division, App No’s 335/11 and 336/11, 29 August 2013, Isaac J)
^[2] Puoromea Section 49D (Unreported, High Court Cook Islands, Land Division, App No 300/2011, 30 August 2013, Savage J)