37.1506 Objections-Hearing-Decision.

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(a) If objections are filed within 30 days after posting of notice, the Territorial Registrar shall so inform the Chief Justice, and the matter shall be set down for trial in the High Court as a civil matter, and all interested persons shall be notified of the time and place of the trial.

(b) If, on the trial, the court finds that the requirements of law have been met and that the use of the separation agreement will not unduly interfere with the use of the lands by the family, if it has such right of use, and that the cost of the building was or will be borne by the person who erects or erected the same, then the court shall order the Territorial Registrar to record the agreement, together with proof of required posting and a certified copy of the order of the court; otherwise, the court shall order the Territorial Registrar not to record the instrument, and it shall, after the entry of such order, be null and void and of no further force and effect.

History: 1962, PL 7-23; 1968, PL 10-56; amd 1977, PL 15-39 § 1; amd 1979, PL 16-5 § 1

Case Notes:

Words “civil matter” refer to civil cases in general and not to those cases to be tried in trial division; land and titles division has jurisdiction. Meredith v. Mafatau. ASR (1977).