Cook Islands Amendment Act 1960

1: Short Title
This Act may be cited as the Cook Islands Amendment Act 1960, and shall be read together with and deemed part of the Cook Islands Act 1915
1: Housing improvement
2: Interpretation
In this Part of this Act, unless the context otherwise requires,— Advance Board Director of Social Development Housing Improvement Fund Fund section 3 Housing purpose subsection (2) section 19 Occupation order the Land Court section 50 Cook Islands Amendment Act 1946 Occupation order: The words the Land Court substituted 4 August 1965 the Native Land Court 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 Society Cook Islands Co-operative Societies Regulations 1953 Treasurer the officer of the Cook Islands Public Service holding the office of Financial Secretary Treasurer: amended, as from 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words the officer of the Cook Islands Public Service holding the office of Financial Secretary the Treasurer of the Cook Islands appointed under section 17 of the Cook Islands Amendment Act 1957 Vesting order the Land Court Part 2 Vesting order: The words the Land Court substituted 4 August 1965 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
3: Section 3 repealed 27 November 1970 Cook Islands Amendment Act 1970
4: Section 4 repealed 27 November 1970 Cook Islands Amendment Act 1970
5: Section 5 repealed 27 November 1970 Cook Islands Amendment Act 1970
6: Section 6 repealed 27 November 1970 Cook Islands Amendment Act 1970
7: Section 7 repealed 27 November 1970 Cook Islands Amendment Act 1970
8: Section 8 repealed 27 November 1970 Cook Islands Amendment Act 1970
9: Section 9 repealed 27 November 1970 Cook Islands Amendment Act 1970
10: Section 10 repealed 27 November 1970 Cook Islands Amendment Act 1970
11: Section 11 repealed 27 November 1970 Cook Islands Amendment Act 1970
12: Section 12 repealed 27 November 1970 Cook Islands Amendment Act 1970
13: Section 13 repealed 27 November 1970 Cook Islands Amendment Act 1970
14: Section 14 repealed 27 November 1970 Cook Islands Amendment Act 1970
15: Section 15 repealed 27 November 1970 Cook Islands Amendment Act 1970
16: Section 16 repealed 27 November 1970 Cook Islands Amendment Act 1970
17: Section 17 repealed 27 November 1970 Cook Islands Amendment Act 1970
18: Section 18 repealed 27 November 1970 Cook Islands Amendment Act 1970
19: Section 19 repealed 27 November 1970 Cook Islands Amendment Act 1970
20: Section 20 repealed 1 January 1967 Cook Islands Amendment Act 1966
21:
22: Repeals
Sections 7 to 10 (1) (4) Cook Islands Amendment Act 1958
2: Vesting orders
23: Vesting orders
1: The Land Court
2: No vesting order shall be made vesting any area exceeding one-third of an acre in any one person or in 2 or more persons as joint tenants: Provided that the Court may make a vesting order in respect of a larger area in any case where it is satisfied that the nature of the land is such that it is unsuitable for subdivision into lots that will enable a vesting order to be made in respect of an area of not more than one-third of an acre.
3: In the making of a vesting order, the Court shall determine the value of the land or of the interest in land comprised therein, and the value so determined shall for the purposes of this Part of this Act be final and conclusive. In subsection (1) The Land Court substituted 4 August 1965 The Native Land Court 57(4) Cook Islands Amendment Act 1964
24: Duty on vesting orders
1: No stamp duty shall be payable in respect of any vesting order if the value of the land or of the interest in land comprised therein, as determined by the Court, does not exceed the sum of $200
2: Where the value of the land or interest in land comprised in any vesting order exceeds the sum of $200
25: Court may cancel vesting order
1: Where the Court has made a vesting order, and it is shown to the satisfaction of the Court that the land has not been used and continued to be used as a site for a dwelling within 5 years after the date of the order, the Court may, in its discretion and with the consent of any mortgagee or other encumbrancer, make an order cancelling the vesting order.
2: On the cancellation of any vesting order as aforesaid, the Court may, if it thinks fit, make an order vesting the estate or interest in the former owner, or in any other person whom the Court deems to be justly entitled thereto.
26: Succession to interest under vesting order
The persons entitled on the death of a Native or a descendant of a Native to succeed to any interest acquired under a vesting order in any land shall be the same persons who would, under Native custom, be entitled to succeed to any interest owned by the deceased in the same land before the making of the vesting order: Provided that, where the Land Court Provided further that, if the person to whom any land is transferred under a vesting order did not at the time the vesting order was made have any beneficial interest therein, the Land Court section 446 The words The Land Court substituted 4 August 1965 The Native Land Court 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
27: Land subject to mortgage or encumbrance
1: No order shall be made under this Part of this Act in respect of any land or interest in land that is subject to any mortgage, charge, or other encumbrance, without the consent of the mortgagee or person entitled to the benefit of the charge or encumbrance.
2: In any such case the Court may make such order as it thinks proper for the apportionment or adjustment of the rights and obligations of any person under any such mortgage, charge, or other encumbrance, and every order of apportionment or adjustment shall have effect accordingly and may be registered or recorded as the Court directs.
3: Miscellaneous amendments
28: Section 28 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
29: Section 29 repealed 1 January 1967 2(3) Cook Islands Amendment Act 1966
30: Section 30 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965