Land and Titles Court of Samoa

The Land and Titles Court of Samoa is a specialist court dealing with Matai titles and customary land in Samoa.

The Court was originally established in 1903 under the German colonial administration as a Land Commission. It was continued under the New Zealand colonial administration, and formally became a court of record in 1934, though it was not renamed until 1937.[1]: 54, 62  It was continued by part IX of the Constitution of Samoa,[2] which provided it with "such composition and with such jurisdiction in relation to Matai titles and customary land as may be provided by Act".[3] Colonial law governing the Court was repealed in 1981, and replaced with the Land and Titles Act 1981.[4]

The Court consists of a President, who must be qualified to be a Judge of the Supreme Court or as a Samoan Judge, and a number of Samoan Judges and Assessors, who must be qualified "by reason of character, ability, standing and reputation".[5] Judges are appointed by the Head of State on the advice of the Judicial Services Commission, and serve until they reach the age of 65 years, but can be removed from office for inability or misbehaviour.[6]

  1. ^ Aiono-Le Tagaloa, Fanaafi Makerita (2009). The land and titles court of Samoa, 1903 - 2008 : 'continuity amid change' (PDF) (PhD). University of Otago. Retrieved 15 August 2021.
  2. ^ "Constitution of the Independent State of Samoa" (PDF). Parliament of Samoa. Retrieved 15 August 2021.
  3. ^ Constitution of the Independent State of Samoa, clause 103.
  4. ^ "Land and Titles Act 1981". PACLII. 4 March 1981. Retrieved 15 August 2021.
  5. ^ Land and Titles Act 1981, sections 26 and 28.
  6. ^ Land and Titles Act 1981, sections 29.