Preface |
|
v |
Acknowledgements |
|
vi |
Abbreviations |
|
x |
Glossary and Conventions |
|
xii |
Chapter 1 |
Introduction |
1 |
|
Part One:
The Pre-Contact Land Tenure System of Rarotonga |
|
Chapter 2 |
Historical background - c. 875 to 1823 A.D. |
12 |
|
Early settlement |
13 |
|
Takitumu: the tribe of Tangiia |
17 |
|
Karika's tribe: Te Au o Tonga or Avarua |
20 |
|
Arorangi: the tribe that broke away |
26 |
|
Relations between the tribes |
27 |
Chapter 3 |
Social organization |
31 |
|
The tribe (vaka) |
31 |
|
The major lineage (ngati) |
35 |
|
The minor lineage (ngati) |
40 |
|
The extended family (uanga) |
42 |
|
The nuclear family (puna) and the young unmarrieds (mapu) |
42 |
|
The commoner (unga or tangata rikiriki) |
42 |
|
Demographic composition |
45 |
|
Specialists |
47 |
|
Marriage |
48 |
|
Transmission of titles |
51 |
Chapter 4 |
The distribution of rights to land |
60 |
|
The role of the titleholder |
61 |
|
Rights of the tribe |
64 |
|
Rights of the lineage |
66 |
|
Rights of the extended family |
71 |
|
Rights of the individual |
73 |
Chapter 5 |
The acquisition and loss of rights to land |
84 |
|
By discovery and settlement |
84 |
|
By conquests |
85 |
|
By allocation and occupation within the landholding group |
88
|
|
By inheritance |
89 |
|
By reversion |
92 |
|
By marriage |
93 |
|
By gift and permissive occupation |
96 |
|
By adoption |
98 |
|
The pattern of acquisition |
102 |
|
The loss of rights to land |
104 |
Chapter 6 |
The utilization and role of land in Rarotonga |
107 |
|
The economic exploitation of land |
107 |
|
The role of land in social relations |
114 |
|
The state of land rights in 1823 |
120 |
|
Part Two: THE IMPACT OF EUROPEAN CULTURE ON LAND TENURE 1823–98 |
|
Chapter 7 |
Changes in the distribution of land and land rights |
124 |
|
New patterns of settlement |
124 |
|
The effects of social and demographic upheaval |
133 |
|
Foreign settlement |
145 |
Chapter 8 |
The form and function of introduced laws |
155 |
|
The Mission role |
155 |
|
The functioning of the laws |
159 |
|
Protection and Federation 1888–98 |
165 |
Chapter 9 |
The new role of land |
172 |
|
The production of surpluses |
172 |
|
Changes in production patterns |
175 |
|
The leasing and lending of land |
179 |
|
The status of women |
180 |
|
Differentiation of the social classes |
181 |
|
Part Three: THE LAND COURT: ITS FORM, FUNCTION AND EFFECTS |
|
Chapter 10 |
The establishment of the Land Court |
190 |
|
A shift in the balance of power |
190 |
|
Annexation and the creation of a Land Court |
196 |
|
The Court established |
198 |
|
Foreign settlement |
200 |
|
The act of 1915 |
205 |
|
Appeals and rehearings |
209 |
Chapter 11 |
The Land Court in action |
211 |
|
Determining ownership |
211 |
|
Title to village lands |
217 |
|
The progress of Court investigations |
222
|
Chapter 12 |
Court practice and native custom |
225 |
|
Rights of women (and through women) |
226 |
|
The rights of absentees (contingent and secondary right-holders) |
233 |
|
The effects of erroneous Court interpretations |
238 |
Chapter 13 |
Tenure reform and productivity |
247 |
|
Early experiments in increasing productivity |
247 |
|
Productivity changes since annexation |
250 |
|
The causes of productivity decline |
263 |
Chapter 14 |
Recent developments |
272 |
|
The Occupation Rights scheme |
272 |
|
Later experiments |
278 |
|
New patterns of work organization |
283 |
Chapter 15 |
Future possibilities |
286 |
|
The demographic context |
286 |
|
Advantages of the existing system |
288 |
|
Future possibilities: the range of feasibility |
290 |
|
Fragmentation of title |
293 |
|
Facilitating transfer |
298 |
|
The constitution and functions of the Court |
304 |
|
Incorporation: a possible tenure innovation |
309 |
|
Appendices |
|
A |
Schedule of laws and other provisions relating to land in the Cook Islands |
315 |
B |
The Ngati Te Ora case: an illustration of the effects of Court practice |
330 |
C |
Price index for the Cook Islands 1891–1959 |
349 |
Bibliography |
|
350 |
|
List of maps, tables and diagrams
|
|
|
Maps |
|
|
The Cook Islands in relation to neighbouring territories |
xv |
|
Rarotonga: major cultural and physical features |
14 |
|
The pattern of land division: Turangi and adjacent tapere, Rarotonga |
68
|
|
The changing pattern of settlement: Turangi ma Nga Mataiapo |
130 |
|
Ngati te Ora lands, Takuvaine valley, Rarotonga |
331 |
|
Tables
|
|
1A |
Exports of Agricultural Produce from the Cook Islands 1895–1905 |
252 |
1B |
Exports of Agricultural Produce from the Cook Islands 1906–15 |
253 |
2A |
Exports of Agricultural Produce from Mauke 1906–15 |
256 |
2B |
Exports of Agricultural Produce from Mangaia 1906–15 |
256 |
3 |
Exports of Agricultural Produce from the Cook Islands 1921–30 |
257 |
4A |
Exports of Agricultural Produce from Mauke 1930–40 |
259 |
4B |
Exports of Agricultural Produce from Mangaia 1930–40 |
259 |
5 |
Exports of Agricultural Produce from the Cook Islands 1950–9 |
261 |
6A |
Exports of Agricultural Produce from Mauke 1950–9 |
262 |
6B |
Exports of Agricultural Produce from Mangaia 1950–9 |
262 |
|
Diagrams |
|
|
Ideal structure of a Rarotongan tribe |
32 |
|
A pre-contact example illustrating the pattern of transmission of rank titles |
59 |
|
A hypothetical pre-contact household in Rarotonga |
75 |
|
Genealogy of the Ngati Te Ora |
342–
8 |