High Court of New Zealand and Tokelau - A Recent Case

Abstract

The decision of the High Court of New Zealand in the case of Pisaina Leilua-Lei Sam v The Council for the Ongoing Government of Tokelau and Faipule Foua Toloa (Sam v COG) provides an opportunity to consider the court system of Tokelau and to glimpse a largely unknown area of the law of New Zealand. It appears that Sam v COG is the first case to be decided by the High Court of New Zealand in the exercise of its jurisdiction as a separate Court of justice for Tokelau. This case note deals in turn with the structure of Tokelau’s court system, the judgement in Sam v COG, and the future of the system.

Keywords: Tokelau, court, court system, court processes, colony, colonisation, colonil, jurisdiction, separation of jurisdiction, court structure

JEL Classification: K00, K1, K10, K14, K19, K2, K23, K29, K20, K3, K30, K33, K32, K39, K41, K42, K49, K40