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Island Courts (Amendment) Act 2001

Assent: 30^th December 2001
Commencement: 25 February 2002

REPUBLIC OF VANUATU

ISLAND COURTS AMENDMENT ACT NO. 15 OF 2001

Arrangement of Sections

1. Amendments
2. Commencement
   

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REPUBLIC OF VANUATU

Assent: 30^th December 2001
Commencement: 25 February 2002

ISLAND COURTS AMENDMENT ACT
NO. 15 OF 2001

An act to amend the Island Courts Act [CAP 167]

Be it enacted by the President and Parliament as follows-

1. Amendments
   

The Island Courts Act [CAP 167] is amended as set out in the Schedule and item 8 of the Schedule has effect according to its terms.

2. Commencement
   

This Act commences on the day on which it is published in the Gazette.

SCHEDULE

AMENDMENTS OF THE ISLAND COURTS ACT [CAP 167]

1. Section 2A
   

Repeal the section.

2. Subsection 3(4)
   

Repeal the subsection, substitute

“(4) An island court is properly constituted when three justices nominated by the clerk are sitting.”.

3. Section 8
   

Repeal the section, substitute

“8 Civil jurisdiction

(1) Subject to subsection (2) and the other provisions of this Act, the civil jurisdiction of an island court extends to the hearing, trial and determination of all civil matters in which the defendant is ordinarily resident within the territorial jurisdiction of the court or within which the cause of action arose.

(2) An island court has no jurisdiction to hear and determine civil proceedings relating to land.”

4. Subsection 9(2)
   

Repeal the subsection, substitute

“(2) A joint sitting consists of two justices from each island court.”.

5. Paragraphs 13(c), (d) and (e)
   

Repeal the paragraphs.

6. Subsection 21(3)
   

Repeal the subsection.

7. Subsection 22(1)
   

Repeal the subsection, substitute

“(1) Any person aggrieved by an order or decision of an island court may within 30 days from the date of such order or decision appeal from it to the competent magistrates’ court.”.

8. Existing proceedings concerning land disputes
   

If:

(a) proceedings concerning disputes as to ownership of land are pending in an Island Court immediately before the commencement of this Act; and

(b) the proceedings continue on and after that commencement;

the Island Court is to hear and determine the proceedings as if the amendments made by items 1 to 7 of this Schedule had not been made.

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REPUBLIC OF VANUATU

BILL FOR THE ISLAND COURTS (AMENDMENT) ACT
NO. 15 OF 2001

Explanatory Note

The amendments made to the Island Courts Act are consequential upon the introduction of the Customary Land Tribunal Act. Disputes relating to land will no longer be dealt with by Island Courts. Instead, such disputes will be dealt with by Customary Land Tribunals.

Item 8 of the Schedule provides that land proceedings that are pending in an Island Court may continue as if the amendments had not been made.

Minister of Land and Natural Resources

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