On August 6, 2024, Justice W.W. Isaac delivered a judgment in the High Court of the Cook Islands regarding the right to hold the Chiefly Title of Tamatoa Ariki. The case was initiated under Section 409(f) of the Cook Islands Act 1915 to determine the rightful holder of the Tamatoa Ariki title. The parties involved were Tarota Tom and Teao Tangaroa, both claiming to be the rightful holders of the chiefly title.
Legal Framework
Section 490(f) of the Cook Islands Act 1915 grants the High Court jurisdiction to determine the right to hold an Ariki title. Section 422 of the Act emphasizes that decisions must be based on ancient customs and usage of the Cook Islands Maoris. Isaac J emphasized, “The Court’s role is not to elect an Ariki but to ensure that the appropriate custom has been followed.”
The decision hinged on whether each party followed the traditional processes for electing a Tamatoa Ariki. A 1981 case precedent provided a framework for evaluating the claims before the Court.
Genealogical Eligibility
Both parties were confirmed to be descendants of the Peirangi and Marokii lines, qualifying them for the title based on genealogical criteria. “As both candidates are descendants of the Peirangi and Marokii lines, they are eligible to hold the Tamatoa Ariki title,” stated the judgment.
Kopu Ariki Meetings
Three significant meetings were scrutinized:
- October 25, 2016: The Kopu Ariki unanimously elected Tarota. However, Teao contested this meeting, arguing it lacked representation from the Marokii line.
- November 2, 2020: Teao was elected through a secret ballot, a method Tarota contested as non-traditional.
- November 22, 2022: This meeting confirmed Teao’s election, with no minutes provided to the Court but substantial support from the Are Taunga.
Residency Requirement
Both parties met the residency requirement, having been residents of Arutanga during their respectivenominations and elections.
Presentation of the Kura
Tarota’s Kura was presented in 2021 by a self-appointed Putokotoko and questioned for its delayed presentation and lack of customary adherence. Teao’s Kura, on the other hand, was presented immediately after the 2020 meeting by the duly appointed Putokotoko, following traditional protocols.
Investiture Ceremony
Regarding Tarota’s Ceremony, His Honour confirmed that although detailed and attended by many, it faced criticism for its non-traditional elements and the officiation by a self-appointed Putokotoko. Teao’s ceremony, on the other hand, was conducted according to customs with the traditional makers’ regalia and was supported by the Are Taunga.
Conclusion
Justice Isaac found in favour of Teao Tangaroa as the rightful holder of the Tamatoa Ariki title, emphasizing the following:
- The meeting process favoured Teao, as it included both Peirangi and Marokii lines, and was endorsed by the Mataiapo
- Teao’s presentation of the kura was in accordance with custom
- Teao received explicit support from the High Priest and the Are Taunga, while Tarota lacked this crucial endorsement.
- The investiture ceremony is essential to the custom of Tamatoa Ariki, and Teao adhered to all correct customs,
This judgement plays a critical role in customary law and maintaining the integrity of the Cook Islands Maori cultural heritage.
Rokoika Law P.C. is delighted to have represented Teao Tangaroa in this case and reaffirms our commitment to upholding justice and preserving our rich Maori cultural traditions.
“This judgment reaffirms the sanctity of our customs and the rightful process in electing our Arikis,” remarked Ms Lavi Rokoika, counsel for Teao Tangaroa.
