Niue Amendment Act (No 2) 1968

1: Short Title and commencement
1: This Act may be cited as the Niue Amendment Act (No 2) 1968, and shall be read together with and deemed part of the Niue Act 1966
2: This Act shall come into force on a date to be fixed for its commencement by the Governor-General, by Order in Council.
2: Interpretation
Section 2 repealed 20 September 2007 section 6 Niue Amendment Act 2007
1: Land tenure
Part 1 repealed 20 September 2007 section 6 Niue Amendment Act 2007
3: Classification of land in Niue
Section 3 repealed 20 September 2007 section 6 Niue Amendment Act 2007
4: All land in Niue vested in the Crown
Section 4 repealed 20 September 2007 section 6 Niue Amendment Act 2007
5: Foreshore and seabed vested in the Crown
Section 5 repealed 20 September 2007 section 6 Niue Amendment Act 2007
6: Administration and tenure of land
Section 6 repealed 20 September 2007 section 6 Niue Amendment Act 2007
7: Saving of existing interests in Niuean land
Section 7 repealed 20 September 2007 section 6 Niue Amendment Act 2007
2: Crown land
Part 2 repealed 20 September 2007 section 6 Niue Amendment Act 2007
8: Grants of Crown land
Section 8 repealed 20 September 2007 section 6 Niue Amendment Act 2007
9: Crown land may be declared Niuean land
Section 9 repealed 20 September 2007 section 6 Niue Amendment Act 2007
10: Reserves of Crown land for public purposes
Section 10 repealed 20 September 2007 section 6 Niue Amendment Act 2007
11: Taking of land for public purposes
Section 11 repealed 20 September 2007 section 6 Niue Amendment Act 2007
12: Revocation of Warrant taking land
Section 12 repealed 20 September 2007 section 6 Niue Amendment Act 2007
13: Compensation for land taken
Section 13 repealed 20 September 2007 section 6 Niue Amendment Act 2007
14: Resumption of Crown land for public purposes
Section 14 repealed 20 September 2007 section 6 Niue Amendment Act 2007
15: Section 15 repealed 19 August 1970 15(2) Niue Amendment Act 1970
16: Acquisition of land for public purposes
Section 16 repealed 20 September 2007 section 6 Niue Amendment Act 2007
17: Public purpose for which land held may be altered
Section 17 repealed 20 September 2007 section 6 Niue Amendment Act 2007
18: Control of Crown land by Cabinet of Ministers
Section 18 repealed 20 September 2007 section 6 Niue Amendment Act 2007
19: Saving of reserves under the
Cook Islands Government Act 1908 Section 19 repealed 20 September 2007 section 6 Niue Amendment Act 2007
20: Power to revoke or amend existing Orders in Council
Section 20 repealed 20 September 2007 section 6 Niue Amendment Act 2007
3: Niuean land
Part 3 repealed 20 September 2007 section 6 Niue Amendment Act 2007
21: Ownership in Niuean land
Section 21 repealed 20 September 2007 section 6 Niue Amendment Act 2007
22: Investigation of title to Niuean land
Section 22 repealed 20 September 2007 section 6 Niue Amendment Act 2007
23: Niuean customs to be recognised
Section 23 repealed 20 September 2007 section 6 Niue Amendment Act 2007
24: No alienation of Niuean land
Section 24 repealed 20 September 2007 section 6 Niue Amendment Act 2007
25: For certain purposes Niuean land to be deemed Crown land
Section 25 repealed 20 September 2007 section 6 Niue Amendment Act 2007
4: Land for Church purposes
Part 4 repealed 20 September 2007 section 6 Niue Amendment Act 2007
26: Vesting of land for Church purposes
Section 26 repealed 20 September 2007 section 6 Niue Amendment Act 2007
27: Land vested for Church purposes may be acquired by the Crown
Section 27 repealed 20 September 2007 section 6 Niue Amendment Act 2007
28: Existing records and instruments
Section 28 repealed 20 September 2007 section 6 Niue Amendment Act 2007
5: The Land Court of Niue
Part 5 repealed 20 September 2007 section 6 Niue Amendment Act 2007
29: Section 29 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
30: Section 30 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
31: Section 31 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
32: Section 32 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
33: Section 33 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
34: Section 34 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
35: Section 35 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
36: Section 36 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
37: Section 37 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
38: Registrar and Deputy Registrar of Land Court
Section 38 repealed 20 September 2007 section 6 Niue Amendment Act 2007
39: Administrative officers
Section 39 repealed 20 September 2007 section 6 Niue Amendment Act 2007
40: Records of Land Court
Section 40 repealed 20 September 2007 section 6 Niue Amendment Act 2007
41: Registers
Section 41 repealed 20 September 2007 section 6 Niue Amendment Act 2007
42: Seal of the Land Court
Section 42 repealed 20 September 2007 section 6 Niue Amendment Act 2007
43: Rules of Court
Section 43 repealed 20 September 2007 section 6 Niue Amendment Act 2007
44: Applications to Land Court
Section 44 repealed 20 September 2007 section 6 Niue Amendment Act 2007
45: Rehearings
Section 45 repealed 20 September 2007 section 6 Niue Amendment Act 2007
46: Sittings of Land Court
Section 46 repealed 20 September 2007 section 6 Niue Amendment Act 2007 General jurisdiction of the Land Court Heading repealed 20 September 2007 section 6 Niue Amendment Act 2007
47: Jurisdiction of Land Court
Section 47 repealed 20 September 2007 section 6 Niue Amendment Act 2007
48: Order in Council may confer jurisdiction on Land Court
Section 48 repealed 20 September 2007 section 6 Niue Amendment Act 2007
49: Powers of Judges
Section 49 repealed 20 September 2007 section 6 Niue Amendment Act 2007
50: Proceedings in Land Court before different Judges
Section 50 repealed 20 September 2007 section 6 Niue Amendment Act 2007 Orders of Land Court Heading repealed 20 September 2007 section 6 Niue Amendment Act 2007
51: Procedure with respect to the making of orders
Section 51 repealed 20 September 2007 section 6 Niue Amendment Act 2007
52: Orders bind all persons interested
Section 52 repealed 20 September 2007 section 6 Niue Amendment Act 2007
53: Validity of orders
Section 53 repealed 20 September 2007 section 6 Niue Amendment Act 2007
54: Annulment of orders obtained by fraud
Section 54 repealed 20 September 2007 section 6 Niue Amendment Act 2007
55: Enforcement of orders of Land Court by High Court
Section 55 repealed 20 September 2007 section 6 Niue Amendment Act 2007
56: Enforcement of charges
Section 56 repealed 20 September 2007 section 6 Niue Amendment Act 2007
57: Registration of orders affecting title to land
Section 57 repealed 20 September 2007 section 6 Niue Amendment Act 2007 Contempt of the Land Court Heading repealed 20 September 2007 section 6 Niue Amendment Act 2007
58: Contempt of Court defined
Section 58 repealed 20 September 2007 section 6 Niue Amendment Act 2007
59: Penalty for contempt
Section 59 repealed 20 September 2007 section 6 Niue Amendment Act 2007
60: Jurisdiction in contempt
Section 60 repealed 20 September 2007 section 6 Niue Amendment Act 2007
61: Contempt in face of the Court
Section 61 repealed 20 September 2007 section 6 Niue Amendment Act 2007
62: Arrest on warrant
Section 62 repealed 20 September 2007 section 6 Niue Amendment Act 2007
63: Conviction by Land Court
Section 63 repealed 20 September 2007 section 6 Niue Amendment Act 2007
64: Enforcement of fine
Section 64 repealed 20 September 2007 section 6 Niue Amendment Act 2007
65: Discharge of persons in contempt
Section 65 repealed 20 September 2007 section 6 Niue Amendment Act 2007
66: Jurisdiction in contempt may be exercised at any time or place
Section 66 repealed 20 September 2007 section 6 Niue Amendment Act 2007
6: The Land Appellate Court of Niue
Part 6 repealed 20 September 2007 section 6 Niue Amendment Act 2007
67: Section 67 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
68: Section 68 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974
69: Proceedings may be continued before different Judges
Section 69 repealed 20 September 2007 section 6 Niue Amendment Act 2007
70: Decision of majority to be decision of Court
Section 70 repealed 20 September 2007 section 6 Niue Amendment Act 2007
71: Officers of Land Court to be officers of Land Appellate Court
Section 71 repealed 20 September 2007 section 6 Niue Amendment Act 2007
72: Seal
Section 72 repealed 20 September 2007 section 6 Niue Amendment Act 2007
73: Rules of Court
Section 73 repealed 20 September 2007 section 6 Niue Amendment Act 2007
74: Sittings of Land Appellate Court
Section 74 repealed 20 September 2007 section 6 Niue Amendment Act 2007
75: Appeals from Land Court
Section 75 repealed 20 September 2007 section 6 Niue Amendment Act 2007
76: Appeals from provisional determinations as to title to Niuean land
Section 76 repealed 20 September 2007 section 6 Niue Amendment Act 2007
77: Successive appeals in respect of same matter
Section 77 repealed 20 September 2007 section 6 Niue Amendment Act 2007
78: Powers of Land Appellate Court on appeal
Section 78 repealed 20 September 2007 section 6 Niue Amendment Act 2007
79: Dismissal of appeal for non-prosecution
Section 79 repealed 20 September 2007 section 6 Niue Amendment Act 2007
80: Variation deemed part of original order
Section 80 repealed 20 September 2007 section 6 Niue Amendment Act 2007
81: Orders of Land Appellate Court
Section 81 repealed 20 September 2007 section 6 Niue Amendment Act 2007
82: Contempt
Section 82 repealed 20 September 2007 section 6 Niue Amendment Act 2007
83: Land Appellate Court may order surveys
Section 83 repealed 20 September 2007 section 6 Niue Amendment Act 2007
7: Roads
Part 7 repealed 20 September 2007 section 6 Niue Amendment Act 2007
84: Definition of
road Section 84 repealed 20 September 2007 section 6 Niue Amendment Act 2007
85: Public rights over roads
Section 85 repealed 20 September 2007 section 6 Niue Amendment Act 2007
86: Warrant declaring existing roads
Section 86 repealed 20 September 2007 section 6 Niue Amendment Act 2007
87: Warrants declaring new roads
Section 87 repealed 20 September 2007 section 6 Niue Amendment Act 2007
88: Warrants as to roads to be gazetted
Section 88 repealed 20 September 2007 section 6 Niue Amendment Act 2007
89: Access to land
Section 89 repealed 20 September 2007 section 6 Niue Amendment Act 2007
90: Closing of roads
Section 90 repealed 20 September 2007 section 6 Niue Amendment Act 2007
8: Adoption
91: Interpretation
Section 91 repealed 20 September 2007 section 6 Niue Amendment Act 2007
92: Adoption by Niuean custom invalid
Section 92 repealed 20 September 2007 section 6 Niue Amendment Act 2007
93: Adoption by Niuean custom before 1 April 1916 by parent dying before 5 December 1921
Section 93 repealed 20 September 2007 section 6 Niue Amendment Act 2007
94: Validity of adoption registered before 1 April 1916
Section 94 repealed 20 September 2007 section 6 Niue Amendment Act 2007
95: Court may make adoption orders
Section 95 repealed 20 September 2007 section 6 Niue Amendment Act 2007
96: Prohibition of payments in consideration of adoption
Section 96 repealed 20 September 2007 section 6 Niue Amendment Act 2007
97: Restrictions on making adoption orders
Section 97 repealed 20 September 2007 section 6 Niue Amendment Act 2007
98: Consents to adoptions
Section 98 repealed 20 September 2007 section 6 Niue Amendment Act 2007
99: Effect of adoption order
Every adoption order shall have both in Niue and in New Zealand Adoption Act 1955 subsections (1) (2) 1966 No 38 590 598 This section was amended 19 August 1970 16(1) Niue Amendment Act 1970 by inserting the words both in Niue and in New Zealand
100: Adoption order may be varied or discharged
1: The Land Court may, in its discretion, vary or discharge any adoption order subject to such terms and conditions as it thinks fit, on the application of any adoptive parent or of the adopted child.
2: The Land Court may, in its discretion and subject to such terms and conditions as it thinks fit, discharge any adoption made in any place outside Niue either before or after the commencement of this Act, if—
a: The person adopted is living and is domiciled in Niue; and
b: Every living adoptive parent is domiciled in Niue.
3: No application for discharge of any adoption shall be made without the prior approval of the Cabinet
4: Where the Court discharges an adoption order or adoption as aforesaid, it may confer on the person to whom the order or adoption related such surname with such first or Christian name as the Court thinks fit; but, if it does not do so, the names of the person shall not be affected by the discharge of the order.
5: The discharge of an adoption order shall have both in Niue and in New Zealand Adoption Act 1955 subsection (6)
6: 1966 No 38 589 599 Subsection (3) amended 19 October 1974 2(1) Niue Amendment Act 1974 by substituting the word Cabinet Attorney-General See regulation 2 Niue Constitution Act Commencement Order 1974 Subsection (5) amended 19 August 1970 2(1) Niue Amendment Act 1974 by substituting the words both in Niue and in New Zealand in Niue Subsection (6) repealed 19 August 1970 16(2)(b) Niue Amendment Act 1970
101: Adoption orders under
Cook Islands Amendment Act 1921 Section 101 repealed 20 September 2007 section 6 Niue Amendment Act 2007
9: Miscellaneous provisions
Part 9 repealed 20 September 2007 section 6 Niue Amendment Act 2007
102: Consequential amendments
Section 102 repealed 20 September 2007 section 6 Niue Amendment Act 2007
103: Repeals
Section 103 repealed 20 September 2007 section 6 Niue Amendment Act 2007
104: Section 104 repealed 19 October 1974 2(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974