Cook Islands is reforming its land laws and will hold public meetings in New Zealand, Australia, and Cook Islands to gather input from both residents and overseas Cook Islanders.

Over 100,000 Cook Islanders live in Aotearoa New Zealand and Australia, which means that about 90 per cent of Cook Islanders do not live in the country.

Many of these Cook Islanders retain rights over land even though some of these absentee landowners were born overseas and have never stepped on Cook Islands soil.

Next week a team from Te Tango Tutara O Te Ture Ministry of Justice including its Minister, Vaine “Mac” Mokoroa and Secretary, Tamatoa Jonassen, will lead public meetings starting with the largest population of Cook Islanders – in New Zealand, followed by Australia, and then the Cook Islands, to receive public input into reforming Cook Islands land law.

Jonassen said in 2021 the Ministry of Justice committed to a Strategic Plan 2021-26 that scheduled “consultation with key stakeholders and public on issues and solutions relating to Cook Islands land law” to be done this year.

“We know that our land laws are in need of reform and are becoming less fit for purpose as more time goes on, particularly with the exponential increase in the number of landowners needed to make certain decisions,” he said.

Te Tango Tutara O Te Ture administers land legislation, including the Cook Islands Act 1915, Land (Facilitation of Dealings) Act 1970, Judicature Act 1980-81 and the Code of Civil Procedure of the High Court 1981.

Over the past year or so the Ministry has done several public awareness meetings relating to brochures that was published on succession, lease, and occupation right applications.

“We have received requests from members of the public to extend those meetings to other cities overseas, but unfortunately our budget at this time is limited,” said Jonassen.

“The Ministry has flagged approximately $30,000 to $40,000 of our current operating budget for those meetings, which is approximately the cost of a charter flight to the Northern Group.”

As expected, public meetings are also being planned for within the Cook Islands, he added.

“We consider our land laws to be important and we need to include our families overseas and listen to the issues they are experiencing that need to be addressed.

“With well over 100,000 Cook Islanders living in Australia and New Zealand we want an inclusive approach so we can find the best way forward.”

Minister Mokoroa said: “We all know that land is a very sensitive issue and that it has to be handled properly. It has to be approached carefully, consulted widely and discussed at length with all Cook Islanders.”

He said these public meetings on land reform needs to be done to minimise rifts, emotional trauma and angst among the families, and to ensure that processes and systems within government can manage the diaspora.

Ultimately, “our land legislation needs to be updated,” Mokoroa said.

The highlighted land law issues that have already been raised will be part of the public discussions. They include: Occupation right interest limited to 60 years and not continuing to descendants, overseas absentee landowners and blood versus adoption – an example is Richard Browne’s case that went all the way to the Privy Council in the United Kingdom. Other land issues on the table are: judicial regulation of land use, costly and lengthy litigious process, and unwieldy decision-making process with exponentially increasing number of landowners.

“We are putting something in place for us and for our future generations,” said Mokoroa. “We encourage Cook Islanders to please turn up to these meetings.”

The dates and locations of Te Tango Tutara O Te Ture meetings this month are as follows:

 New Zealand: 22nd January, 5-7pm – Porirua, Wellington – Cook Islands Hall (14 Mentor Lane, Cannons Creek, Porirua, Wellington); 23rd January, 5-7pm – Mangere, Auckland – Enuamanu Atiu-Nui Maruarua Hall (7 Atiu Place, Favona, Auckland); 24th January, 5-7pm – Newton, Auckland – Newton PIC (Pacific Islands Presbyterian Church, 2 Edinburgh St, Newton, Auckland).

Australia: 26th January, 5-7pm – Perth – Rockingham Uniting Church (Erindoon Way, Waikiki, Perth, Western Australia); 29th January, 5-7pm – Melbourne – Clayton Cook Islands Uniting Church (14-16 Burton Avenue, Clayton, Melbourne, Victoria); 30th January, 5-7pm – Sydney – Belmore Bowling and Recreation Club (1A Leylands Paradise, Belmore, Sydney, New South Wales).

For those unable to attend, feedback can be submitted via the “Contact Us” webpage at justice.gov.ck under the “Land Law Reform Feedback” category.

The Ministry of Justice has plans to hold similar meetings on Rarotonga, Aitutaki, Atiu and Mauke next month.

The islands of Mangaia, Mitiaro and Pukapuka do not have Land Court.

Consultations with the Northern Group islands will also be held.