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Island Courts (Amendment) Act 1989

Commencement: 29 December 1989

REPUBLIC OF VANUATU

THE ISLAND COURTS (AMENDMENT) ACT
No. 35 OF 1989

Arrangement of Sections

1. Insertion of new section 2A in Island Court Act.
2. Amendment of section 3 of the principal Act.
3. Amendment of section 9 of the principal Act.
4. Commencement.

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REPUBLIC OF VANUATU

THE ISLAND COURTS (AMENDMENT) ACT
No. 35 OF 1989

ASSENT: 19/12/89
COMMENCEMENT: 29/12/89

An Act to amend the Island Courts Act No. 10 of 1983.

BE IT ENACTED by the President and Parliament as follows:-

INSERTION OF NEW SECTION 2A IN ISLAND COURT ACT

1. The following new section is inserted after section 2 of the Island Court Act No. 10 of 1983 (principal Act):-

"MAGISTRATE TO PRESIDE IN CERTAIN LAND MATTERS

2A. (1) The Chief Justice shall nominate a magistrate who shall subject to the provisions of this Act have such powers, functions and duties in respect of all Island courts, as the Chief Justice may prescribe.

(2) The Magistrate nominated under subsection (1) shall preside at every sitting of an Island Court, in all matters concerning disputes as to ownership of land.

AMENDMENT OF SECTION 3 OF THE PRINCIPAL ACT

2. Section 3 of the principal Act, is amended by repealing subsection (4) and substituting the following subsection:-

"(4) An island court shall be properly constituted-

(a) where the matter before such court concerns disputes as to ownership of land, when the magistrate nominated under section 2A with three justices nominated by the clerk are sitting; and

(b) where the matter before such court is a matter other than a matter referred to in paragraph (a), when the three justices nominated by the clerk are sitting."

AMENDMENT OF SECTION 9 OF THE PRINCIPAL ACT

3. Section 9 of the principal Act is amended by repealing subsection (2) and substituting the following:-

"(2) A joint sitting shall consist of -

(a) where the matter before the court concerns disputes as to ownership of land, the magistrate nominated under section 2A and two justices from each island court;

(b) where the matter before the court is a matter other than a matter referred to in paragraph (a), two justices from each island court."

COMMENCEMENT

4. This Act shall come into force on the date of its publication in the Gazette.

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