The challenges of legal pluralism in the cook Islands and beyond: An insight from hunt and tupou & ors v miguel, Cook Islands court of appeal, 19 February 2016

Miranda Forsyth*

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    Abstract

    The Cook Islands Court of Appeal handed down an important decision in early 2016 dealing with the issue of whether the state or a customary authority had the right to decide entitlement to a major customary title in the Cook Islands. As such, the case raises an issue that continues to be highly contested in many Pacific island nations: the limits of adjudicatory responsibility of customary authorities within the nations constitutional framework. That such issues continue to arise in the Cook Islands, even fifty years after internal self-governance, is a testimony to the complexity of the task of determining the role of custom, customary leaders and institutions within an introduced legal and governance framework.
    Original languageEnglish
    Pages (from-to)26-38
    Number of pages13
    JournalJournal of South Pacific Law
    Volume2016
    Issue number2
    Publication statusPublished - 2016

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