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Native Lands (Amendment) Act 2011

REPUBLIC OF KIRIBATI
(No. 1 of 2011)

I assent,

Beretitenti
Assented: 4 September 2011

AN ACT TO AMEND THE NATIVE LANDS ORDINANCE TO ALLOW FOR TITLES ACQUIRED BY OR THROUGH FRAUD TO BE DEFEATED AND FOR CONNECTED PURPOSES

Commencement:

1. Short title

This Act may be cited as the Native Lands (Amendment) Act 2011.

2. Amendment of section 4 of the Native Lands Ordinance

Section 4 of the Native Lands Ordinance is hereby amended by inserting subsection (3) as follows:

"(3) Titles acquired under subsections (1) or (2) may be defeated by an application before a Magistrates' Courts constituted under section 7 (4) or section 7(5) of the Magistrates' Courts Ordinance only when the person bringing the application is able to prove that the person whose title is being challenged or that person's predecessor in title obtained such title either by or through fraud."

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EXPLANATORY MEMORANDUM

The purpose of this brief amendment is to address the concerns of the people of Kiribati who feel they have lost their lands as a result of a fraud committed by those who are currently registered over the lands in dispute or by their predecessors in title. The amendment seeks to give these aggrieved people the opportunity to challenge those titles and they may successfully do so if they are able to prove fraud in a Lands Court.

Banuera Berina MP, TUC
17th February 2011