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Legal assistance - The Land Registry

Wednesday, July 18, 2007 - 16:30 - Sheraton Tahiti

Meet Christine May-CARLSON, Clerk to the Land Office and Vaiturere Vaitoare, an official responsible for legal assistance in court in Papeete.

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Legal aid :

Turer is responsible to receive and process applications for legal aid. At the first interview, Turer distributed to applicants from AJ a form indicating all the documents required. The complete file, then it is sitting in the commission of legal aid. The time between hearings is an average of two months, the pace of hearings is a month with 50 cases per hearing.

However, when the procedure is already current legal aid may be granted provisional.

The income ceiling is 150 000 PSC, with an increase of 10 000 CFP per dependent child.

Once granted legal aid, the barrister means a lawyer.

The application to the Land Registry :

Christine CARLSON-May is the clerk of the land. She is responsible for receiving and hearing all queries relating to land. The lawyer is not compulsory in the court of first instance, people can submit their application only. Christine gives them les éléments d’informations nécessaires pour que leurs requêtes soient recevables et leur distribue la photocopie des articles du code de procédure civile de la Polynésie française concernant l’introduction de l’instance, et notamment, les éléments devant figurer dans la requête. Elle ajoute que les requêtes peuvent être déposées en tahitien, mais, à condition que celles-ci soient traduites par un interprète assermenté. Puis, Christine leur explique le déroulement de la mise en état, et jusqu’au prononcé de la décision.

Enfin, une fois le partage homologué et le jugement définitif (signification, certificat de non-appeal) Christine explains the need to complete the formalities of registration and transcript for purposes of making the division against third parties.

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Participants: tepore Redoute, Adele Teater, Christine CARLSON-MAY Vaiturere Vaitoare Catherine Vannier

Rapporteur of the session: Catherine Vannier (magistrate)

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REPORT OF VISIT TO THE ARCHDIOCESE

REPORT OF VISIT TO THE ARCHDIOCESE
(28/06/2007)

At the first meeting of the Workshop "Access right - right of inheritance and land rights in French Polynesia, "June 23, 2007 (10 participants), it was agreed to begin work by hearing 'privileged witnesses' problems in this area.

At the suggestion of Father Patrick Cairo, the applicant AJPF, a meeting was held, Thursday, June 28, at 14:30, at the Archdiocese of Papeete, Gaspar Mahagi with the deacon, diocesan treasurer for 6 years, is among other charges, responsible for managing the property assets of the Catholic Mission.

attended this meeting Catherine Chodzko, Adele Teata, Maniana Raoulx, tepore Redoute, Serge Taputuarai Patrick Cairo.

question: What are the critical issues faced by the Catholic Mission on land?

Legal Structure of the Catholic Mission in Polynesia :
There are two autonomous entities in Polynesia: (1) The Archdiocese of Papeete (French Polynesia, including all except the Marquesas Islands) has its headed by Archbishop Hubert Coppenrath currently, (2) The Diocese of Tefenuaenata (Including the Marquesas), which is headed by a bishop, now Archbishop Guy Knight.
(1) For the Archdiocese of Papeete: The Board of Directors of the Catholic Mission in Tahiti and Addictions (CAMI.CA.), resulting from the Decree 'Mandel', 16 January 1939, which gives legal personality to mission as a community to manage its overall assets, was created August 14, 1939 in Papeete. The bishop, head of the Catholic Mission, is both the legal representative and the President accountable. Under his signature, he may delegate to the congregations, and congregations religious or other institutions, asset management that are affected. The
CAMI.CA. is composed of 14 members. Its board meets at least once a month.
(2) For the Diocese of Tefenuaenata: The Board of Directors of the Catholic Mission of the Marquesas Islands.
(From: Archdiocese of Papeete - Diocese of Tefenuaenata, Yearbook 2005, Papeete, December 2004, pp. 11 & 47)

Issues raised during the meeting :
1) Use of alternative baptism to establish the acts of notoriety, for the preparation of genealogies so important in cases of land.
2) Heritage Land Catholic Church: Catholic Mission land in almost all the islands, acquired by contract of sale, gift, by prescription. In many cases these were simple in early settlements, where the priests were sometimes made to sign papers. Most plots are constructed (churches, meeting rooms, schools, etc..). Little land mobilized.
3) 'Policy' Land of the Mission : Conservation or sale? There was a time when the Mission was sold a lot for the construction of subdivisions social partnership with the Territory, or to finance construction projects for parishes or other church institutions. Since 2006, halting sales.
4) Current Issues: a.
Claims: some people ask to question the donations made by their ancestors.
b. Regularization of titles: by prescription thirties, if not paper, for ten right, as if under private seal.
c. Transcript mortgages, only in case of problem, because excessive cost of transcription. We just normally register for the cadastre.
5) solutions?
a. Dialogue + speak clearly (the problem is that when people talk about land, for example when there is a meeting before the Commission for Conciliation, they are not listening).
b. There is violence, because there is misunderstanding, ignorance of the law, lack of confidence in justice.

LITTLE NOTICE ON THE VALLEY OF THE MISSION TO PAPEETE

After its debut at the Gambier Islands in 1834, where she has left a great number of remarkable monuments still visible today, Catholic mission moved to Tahiti in 1849 on the initiative 1 Vicar Apostolic of Tahiti, Bishop Tepano Jaussen arrived in Oceania in the same year. The new Vicar Apostolic
is a visionary. He thinks big. To prepare for the future, he seized every opportunity to provide the Mission of infrastructure that it still lives today.
is December 8, 1855 it acquired, through songs, the "Valley of the Mission" (750 ha in the cash portion mountain), then bush area surrounding the swamp and river Papeava, which it begins immediately agricultural development.
With some of the accumulated material to the Cathedral whose construction is revealed problem, the brothers Theophilus, Cyprian and Alexander have constructed, from July 1870 to July 1873, a beautiful stone house which will serve as common house to house missionaries when they visit or for spiritual retreats. But only in May 1875 the new bishopric was inaugurated.
This amazing building, colonial style, with its massive foundations that support two floors, surrounded by galleries that circle the building, and whose high roof is topped by a gazebo which sits a clock, gives a strong impression robustness.
Attacked by termites, this stately home experience a first renovation in 1935, then a second, more important, in 1982 (current) just before the celebration of the Jubilee of 150 years of Catholic Mission in Tahiti (1834-1984).
The Diocese of Papeete is one of the last and most beautiful ancient buildings of the capital, with the chapel attached to it quickly. Built by the brother Theophilus in the Gothic style, this small jewel of architecture is spent, December 21, 1877, by Bishop Tepano Jaussen who dedicated to the Sacred Heart of Jesus.
The beautiful garden planted with rare trees by Bishop and Bishop Tepano Jaussen Michel Coppenrath, his worthy successor, is the setting for his masterpieces. It recognizes in particular the famous walnut trees planted by the first Vicar Apostolic (the two large trees between the front gate and the chapel) and the equally famous Mango graft, which give the "mango-mission."

Rapporteur: Father Patrick Cairo

AJPF

Tesla Coil, Pensacola, Fl

Session 2 - Thursday, June 28 - bishopric of Papeete

Visit the bishopric Papeete and hearing the deacon Gaspar Mahagi, diocesan treasurer for 6 years, responsible for land management.
Issues raised:

- The regularization of PHC and fees.

- The land claims.

visit and hearing prepared by Patrick Cairo

AJPF

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Session 1 - Saturday, June 23, 2007 at 9:30 am - Sheraton Tahiti

Workshop inheritance and access to law: Succession Law Extension to the general public taking into consideration the specificities of French Polynesia,

List of proposals and reflections participants at the first meeting:

- Auditions to determine the needs

- Access to law in the City Halls is necessary not only succession law, but also in following areas: Divorce, adoption, name, etc..

- In addition it was pointed out that legal aid remains largely unknown to the public.

- Proposed creation of Sheets with details on the procedure, the necessary documents and deadlines for cases involving Land

- Preparing a budget and looking for partners to disseminate information among the population

- Create a booklet in French / Tahitian and Marquesan a legal lexicon.

- The problem of the concept of "Crown lands alleged

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Cordiner: Chodzko Catherine, Catherine Vannier and Adele Teata

Registered Workshop:

- Catherine Vannier (Magistrate)
- Catherine Chodzko (graduate notary) - Coordinator of the workshop
- Marie-Noel Charles (senior lecturer at the UPF)
- Patrick CAIRO (Doctor of Laws)
- Serge Taputuarai (university degree in Earth PF)
- Adele Teata (university degree in Earth PF - 1st year)
- Maniana Raoulx (university degree in Earth PF)
- Patrick Atger (university degree in Earth PF)
- tepore Redoute (university degree in Earth PF )
- Mayor Taraihau (university degree in Earth PF)
- Anne-Marie Cowan (University degree in Earth PF)
- Ludmilla Faatau (university degree Earth PF)
- Gaël Sinjoux (trainee lawyer)
- Lionel Dalleau (trainee lawyer)

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