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Government of Western Samoa Report of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa

Appendix a—Terms of Reference of the Commission

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Appendix a—Terms of Reference of the Commission

1. Original Terms of Reference, 27th March, 1950
Government of Western Samoa

Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa

To James Wightman Davidson, of Apia, Member of the Legislative Assembly, Fa‘amatija Inu Tulifau, of Lufilufi, Matai‘a Si‘u, of Vailoa, >Namulau‘ulu Siaosi, of Fogapoa, Faipule, Tofa Tomasi, of Faleasi‘u, Member of the Legislative Assembly, Tofilau Siose, of Iva, and Tuala Tulo, of Leauva‘a, Member of the Legislative Assembly:

Greeting:

Whereas it is provided by the Commissions of Enquiry Ordinance, 1921, that the High Commissioner may appoint any persons to be a Commission to inquire into and report, inter alia, upon any matter or thing affecting the Territory or the inhabitants thereof, upon the working of any existing law, or regarding the necessity or expediency of any proposed legislation: And whereas it is deemed expedient and in the interests of the Territory and its inhabitants that a Commission be set up to inquire into and report upon the organization of district and village government in Western Samoa:

Now know ye that I, Guy Richardson Powles, High Commissioner of Western Samoa, reposing trust and confidence in your impartiality, knowledge, and ability, do hereby nominate, constitute, and appoint you, the said

to be a Commission to inquire into and report upon the present administration of district and village affairs, whether by Government officers or otherwise, and to recommend such changes therein as may appear desirable, and, in particular, but without limiting the generality of the foregoing authority,—

1.

To inquire into the present structure and mode of operation of village and district fono and of any other traditional authorities which may be exercising legislative, executive or judicial functions in any part of Western Samoa;

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2.

To inquire into the present structure and mode of operation of district health committees, women's committees, water supply inspection committees and any other non-traditional bodies exercising legislative, executive or judicial functions, or acting in an advisory capacity in relation thereto, in any part of Western Samoa;
3.

To inquire into the manner in which Fa‘amasino Samoa Itumalo, Pulefa‘atoaga, and Pulenu‘u are at present performing their duties and to consider the adequacy of the status and powers possessed by these officers;
4.

To inquire, so far as may be possible in Western Samoa, into the structure and mode of operation of district and village councils, or other similar institutions of local government, in any part of the world where, in the opinion of the Commission, conditions resemble those in Western Samoa;
5.

To recommend what types of district and village councils, or other institutions of district or village government, the Government should consider establishing in Western Samoa;
6.

To recommend what powers exercised and duties performed at present by the various traditional authorities and non-traditional bodies, or by Government officers, might be transferred to any institutions of district or village government constituted in accordance with recommendations under the preceding section;
7.

To indicate any other functions which might, now or in future, be performed by such institutions of district or village government;
8.

To indicate any functions at present performed by the various traditional authorities and non-traditional bodies which might, now or in future, be transferred to any person or body corporate, other than any institution of district or village government;
9.

To indicate, generally, any other matters which should be taken into account by the Government in determining policy in relation to district and village government:

And I do hereby appoint you, the said

to be Chairman of the said Commission:

And for the better enabling you to carry these presents into effect you are hereby authorized and empowered to make and conduct any inquiry under these presents at such time and place as you deem expedient, with power to adjourn from time to time and place to place page 59 as you think fit, and so that these presents shall continue in force, and the inquiry may at any time and place be resumed although not regularly adjourned from time to time or from place to place:

And for a like purpose you are hereby authorized to consult

and such other persons as may, by their knowledge of any matter relevant to your inquiry, be able to assist you:

And you are are hereby strictly charged and directed that you shall not at any time publish or otherwise disclose save to the High Commissioner, in pursuance of these presents, or by the High Commissioner's direction, the contents of any report so made or to be made by you, or any evidence or information obtained by you in the exercise of the powers hereby conferred upon you, except such evidence or information as is received in the course of a sitting open to the public:

And it is hereby declared that the whole of the powers hereby conferred shall be exercisable notwithstanding the absence at any time of any one or more of the members hereby appointed so long as the Chairman, or a member deputed by the Chairman to act in his stead, and two other members be present and concur in the exercise of such powers:

And it is hereby further declared that, in any case where it is deemed expedient so to do, the Commission may resolve itself into two or more Committees presided over by the Chairman or his nominee or nominees to sit independently of each other for the purpose of receiving evidence; and, subject thereto, any such Committee shall as soon as may be convenient present a record of the evidence so received by it to a sitting of the Commission presided over by the Chairman or a member deputed by the Chairman to act in his stead:

And, using all due diligence, you are required to present your final report to the High Commissioner in writing under your hands not later than the thirty-first day of August, one thousand nine hundred and fifty, embodying your findings and opinions on the matter aforesaid, together with such recommendations as you think fit to make in respect thereof:

And, lastly, it is hereby declared that these presents are issued under the authority of and subject to the provisions of the Commissions of Enquiry Ordinance, 1921.

In witness whereof I have caused this Commission to be issued under my hand and the Seal of Western Samoa at Apia this twenty-seventh day of March one thousand, nine hundred and fifty.

G. R. Powles, High Commissioner.


[L.S.]
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2. Supplementary Terms of Reference, 9th May, 1950
Government of Western Samoa

Appointment of a New Member of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa and Confirmation of Acts of Such Commission

To James Wightman Davidson of Apia, Member of the Legislative Assembly, Fa‘amatua Inu Tulifau of Lufilufi, Matai‘a Si‘u of Vailoa, Tofa Tomasi of Faleasi‘u, Member of the Legislative Assembly, Tofilau Siose of Iva, and Tuala Tulo of Leauva‘a, Member of the Legislative Assembly and to Tulilagi Fetu of Fatausi:

Greeting:

Whereas pursuant to the Commissions of Enquiry Ordinance, 1921, you James Wightman Davidson, Fa‘amatua Inu Tulifau, Matai‘a Si‘u, Tofa Tomasi, Tofilau Siose, and Tuala Tulo together with one Namulau‘ulu Siaosi were duly constituted by me a Commission on the twenty-seventh day of March one thousand nine hundred and fifty to inquire into and report upon the present administration of district and village affairs and upon divers matters incidental thereto and to present your report within the time therein set forth:

And whereas the said Namulau‘ulu Siaosi died on or about the twentieth day of April nineteen hundred and fifty and it is expedient that Tulilagi Fetu of Fatausi be appointed in the place and stead of the said Namulau‘ulu Siaosi:

Now know ye that I, Guy Richardson Powles,, High Commissioner of Western Samoa reposing trust and confidence in your impartiality, knowledge, and ability do hereby nominate constitute and appoint you the said

to be a member of such Commission as aforesaid in the place and stead of Namulau‘ulu Siaosi now deceased with effect from the first day of May nineteen hundred and fifty:

And in all other respects I do hereby ratify and confirm the said Commission heretofore constituted by me and the exercise by the surviving members thereof since the twentieth day of April nineteen hundred and fifty of the powers therein and thereby conferred.

In Witness whereof I have caused these presents to be issued under my hand and the seal of Western Samoa at Apia this ninth day of May nineteen hundred and fifty.

G. R. POWLES, High Commissioner.


[L.S.]
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3. Supplementary Terms of Reference, 21st July, 1950
Government of Western Samoa

Appointment of Associate Members of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa and Extension of the Period within which Such Commission Shall Report

To James Wightman Davidson of Apia, Member of the Legislative Assembly, Fa‘amatua Inu Tulifau of Lufilufi, Matai‘a Si‘u of Vailoa, Tofa Tomasi of Faleasi‘u, Member of the Legislative Assembly, Tofilau Siose, of Iva. Tuala Tulo of Leauva‘a, Member of the Legislative Assembly, and Tulilagi Fetu of Fatausi (hereinafter referred to as “the Members”):

And to Alaalatoa Tuitama of Fogapoa, ‘Anapu of Sa‘anapu, Faipule, ‘Au‘uapa‘au Simaile of Salua, Fatialofa Faimalo of Lepa, Lavea Te‘o of Safotu, Pilia‘e of Leulumoega, Savusa of Faleapuna, Seuamuli Etimani of Fagamalo, Toluono Lama of Vailoa, To‘omata Tua of Samata, Faipule, and Va‘ai Kolone of Vaisala (hereinafter referred to as “the Associate Members”):

Greeting:

Whereas by warrant bearing date the twenty-seventh day of March 1950 a Commission to inquire into and report upon the present Administration of district and village affairs and upon divers matters incidental thereto was duly constituted by me under the authority of the Commissions of Enquiry Ordinance, 1921:

And whereas consequent upon the death of Namulau‘ulu Siaosi, one of the members of such Commission, you the Members by a further warrant under my hand and bearing date the ninth day of May 1950 were confirmed or appointed as members of the Commission aforesaid:

And whereas by the said warrant bearing date the twenty-seventh day of March 1950 as amended by the warrant bearing date the ninth day of May 1950 you the Members are required to report not later than the thirty-first day of August one thousand nine hundred and fifty your findings and opinions on the matters referred to you:

And whereas it is expedient that the time for reporting be extended as hereinafter provided:

And whereas it has been made to appear to me that it is expedient that Associate Members be appointed:

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Now know ye that I, Guy Richardson Powles, High Commissioner of Western Samoa, reposing trust and confidence in your impartiality, knowledge, and ability do hereby nominate, constitute, and appoint you the said

to be Associate Members and as such to have, hold, exercise, and enjoy all the rights powers and liabilities of the Members under the said warrant bearing date the twenty-seventh day of March 1950 amended as aforesaid as to membership insofar as the same relate to the preparation, compilation and presentation to me of any report, whether interim or final, of the Commission and, save with the authority or consent of the Chairman thereof, not otherwise howsoever:

And further know ye that I do hereby extend until the thirtieth day of September 1950 the time within which you are so required to report:

And I do hereby confirm the said Commission and the two respective warrants hereinbefore referred to except as altered by these presents.

In witness whereof I have caused these presents to be issued under my hand and the seal of Western Samoa at Apia this twenty-first day of July nineteen hundred and fifty.

G. R. POWLES, High Commissioner.


[L.S.]

Further supplementary terms of reference were issued on 30th September. These extended the period within which the Commission was required to report till 30th November, 1950, and confirmed the existing powers and duties of the Commission. They did not make any alteration in the powers or the membership of the Commission. For that reason, they are not printed here.

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