Telea Kamu Potogi
Summary
The Land and Titles Court Mediation and Matai Registration Division facilitates and organise mediation between disputing parties on customary Land and Matai titles matters. The division also deals with registration and updating of the matai register.
Objective
Receive and processing of Land and Titles petition and facilitates cultural mediation between disputing parties on customary land and matai title matters, as well as maintain and updates Matai Register
Core Functions
- Facilitate settlement of customary land and matai title disputes through mediation and maintain an updated Matai Register (manual and electronic. This division is set out to offer mediation services to disputing matters and register new and approved matai titles as well as issuing approved beer licenses.
Governing Legislation
- Lands and Titles Act 2020
Mediation
Is an Alternative Dispute Resolution that is available outside of Court. Mediation has two (2) outcomes,
1). Settle – where parties have reached an agreement and request to withdraw case or;
2). Proceed to Court – where parties did not reach an agreement and wish to proceed matter to court. It is from this outcome that takes parties or the person to paying the following fees for instance; Objection/Hearing/Filling petition etc.
Anofale/Process
Matai Certificate/Pepa Matai
The matai title must be registered for the matai certificate to be issued. A matai title cannot automatically be registered after matai bestowal it must go through publication. When you request for a matai certificate you must;
- Come into the office to put forward your request
- The office will need to check the matai registry for registration; If YES
- Prepare certificate right away;
- If NO, clearly mean there is objection
- Must pay $20.00 and issue Matai Certificate.
De-register matai title (5 working days)
If you wish to remove or de-register your matai title you must;
- Write to the Registrar of the Lands and Titles Court to put forward your request and explain you reasons;
- You (the writer) will be asked to come into the office for confirmation;
- Registrar will grant the approval for the matai title to be de-registered given that the requirements have been satisfied.
- Note: there is no fee is required for this request
Confirmation of Matai for Beer License
This division provides proof that the matai/matais that signed and give consent for beer license are legally registered.
- Must submit a form from Ministry of Revenue requesting for confirmation of matai
Must pay a fee of $50.00
Fee: Matai Publication = $ 100.00
Intention to Appoint
Takes place before a Matai bestowal (saofa’i) where the family has agreed to appoint a family member to the matai title (intend appointment) and wish to advertise it in the newspaper to make sure there are no objections before the bestowal takes place.
- When you apply for an intention to appoint, you are required to write a letter to the Registrar of the Lands and Titles Court requesting for your name to be advertised. In the letter, you must clearly state your reasons and the letter must be signed by matais of your family to confirm that the appointment is agreed by your family.
- The appointment is published and advertised for the period of three (3) months. After the advertisement period, the office will check for objections before proceed to the registration of the new matai title.
Matai publication after ‘Saofai’ Matai title bestowal
- Must bring into the office Confirmation of matai bestowal (Pepa Saofai) having complete all details that is required on the form
- ID should accompany the pepa saofai to confirm age and the person
Fees/Tupe Totogi
| Requests | Fees |
|---|---|
| Matai Publication | $100.00 |
| Matai Certificate | $20.00 |
| Confirmation of Matai Signed for Beer License | $50.00 |
| Interim Order | $100.00 |
| Court Petition (Court of First Instance) | $100.00 |
