LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 30 May 1983

CHAPTER 167
ISLAND COURTS

Act 10 of 1983
Act 35 of 1989
Act 15 of 2001

ARRANGEMENT OF SECTIONS

1.	Establishment of island courts
2. Supervising magistrate
3. Constitution of island courts
4.	Clerks of courts
5. Sittings
6. Jurisdiction
7.	Criminal jurisdiction
8.	Civil jurisdiction 
9.	Joint sittings
10.	Application of customary law
11.	Limitation on penalties
12. Limitation on amount of judgments
13. Power of court in civil proceedings
14.	Confirmation of sentence of imprisonment
15.	Power of court on conviction
16.	Community work
17.	Compensation to aggrieved person
18.	Non-payment of fine etc.
19.	Failure to obey order of court
20.	Enforcement
21.	Revision
22.	Appeals
23.	Power of court on appeal
24.	Disposal of fines
25.	Evidence
26.	Disqualification
27.	Representation
28.	Records
29.	Rules

ISLAND COURTS

To provide for island courts for the Republic.

1. Establishment of island courts

(1) The Chief Justice by warrant under his hand may establish throughout Vanuatu such island courts as he shall think fit which shall exercise within such limits as may be defined by such warrant the jurisdiction therein defined and such jurisdiction as may be conferred by this or any other Act on island courts generally.

(2) The Chief Justice may at any time suspend, cancel or vary any warrant establishing an island court or defining the jurisdiction of any such court or the limits within which such jurisdiction may be exercised.

2. Supervising magistrate

(1) As soon as practicable after an island court has been established, the Chief Justice shall nominate a magistrate to be the supervising magistrate for that island court.

(2) Subject to the provisions of this Act a supervising magistrate shall have such powers, functions and duties in respect of an island court as the Chief Justice may prescribe.

3. Constitution of island courts

(1) The President of the Republic acting in accordance with the advice of the Judicial Service Commission shall appoint not less than three justices knowledgeable in custom for each island court at least one of whom shall be a custom chief residing within the territorial jurisdiction of the court.

(2) A person may be appointed a justice for more than 1 island court.

(3) A justice shall be paid such allowances as the Chief Justice may determine.

(4) An island court is properly constituted when three justices nominated by the clerk are sitting.

4. Clerks of courts

(1) The Chief Justice acting in accordance with the advice of the Judicial Service Commission shall appoint a clerk and such deputy clerks for each island court as necessary.

(2) The clerk or deputy clerk shall keep proper minutes and records of all proceedings of the court and shall keep such registers and furnish such returns as the Chief Justice may from time to time direct.

(3) The clerk or deputy clerk shall be responsible for the collection of all fees and fines imposed by the court.

5. Sittings

An island court may hold sittings at any place within its territorial jurisdiction and at any date.

6. Jurisdiction

Every island court shall have full jurisdiction to the extent set forth in its warrant and subject to the provisions of this Act, over causes and matters in which all the parties are resident or being within the territorial jurisdiction of the court.

7. Criminal jurisdiction

The criminal jurisdiction of an island court shall extend, subject to the provisions of this Act, to the hearing, trial and determination of all criminal charges and matters in which any person is accused of having wholly or in part within the territorial jurisdiction of the court, committed or participated in the commission of the offence.

8. Civil jurisdiction

(1) Subject to subsection (2) and other provisions of this Act, the civil jurisdiction of an island court extends to the hearing, trial and determination of all civil matters in which the defendant is ordinarily resident within the territorial jurisdiction of the court or within which the cause of action arose.

(2) An island court has no jurisdiction to hear and determine civil proceedings relating to land.

9. Joint sittings

(1) Where the subject matter of a civil action extends to the territorial jurisdiction of more than 1 island court, the supervising magistrate of the island court shall direct that a joint sitting of both island courts be held to deal with the action.

(2) A joint sitting consists of two justices from each island court.

(3) The provisions of this Act shall apply to the joint sitting as though it were sitting as a single island court.

10. Application of customary law

Subject to the provisions of this Act an island court shall administer the customary law prevailing within the territorial jurisdiction of the court so far as the same is not in conflict with any written law and is not contrary to justice, morality and good order.

11. Limitation on penalties

In the exercise of its criminal jurisdiction, an island court shall not impose a fine in excess of VT 24,000 or impose a sentence of imprisonment in excess of 6 months.

12. Limitation on amount of judgments

In the exercise of its civil jurisdiction an island court shall not award compensation or damages in excess of VT 50,000.

13. Power of court in civil proceedings

In civil proceedings an island court in addition to any other powers it may have may make any or a combination of the following orders –

(a)	an order for the payment of money by way of compensation, costs or otherwise;

(b) an order for the restitution of property.

(c) (repealed)

(d) (repealed)

(e) (repealed)

14. Confirmation of sentence of imprisonment

(1) Where an island court sentences a person to imprisonment for any period exceeding 14 days, such sentence shall not be carried out until it is confirmed by the magistrate having supervisory jurisdiction over that court.

(2) The term of imprisonment of such person shall commence on the day on which he is taken into custody in pursuance of the confirmation of the sentence as aforesaid.

(3) A person sentenced by an island court to a term of imprisonment shall be detained in a prison established under the Prisons Administration Act [Cap. 20].

15. Power of court on conviction

An island court by whose conviction any fine is adjudged to be paid may do all or any of the following things –

(a)	order the payment of the fine in goods to a value not exceeding the fine;

(b)	order imprisonment unless the fine be paid forthwith;

(c)	allow time for payment of the said fine;

(d) direct payment of the said fine to be made by instalments; and

(e) in default of the payment of any fine or any instalment of the same when due, order that the defendant be imprisoned.

16. Community work

(1) Notwithstanding the provisions of this Act or any other written law to the contrary where an island court sentences a person to a term of imprisonment of 2 months or less the court may as an alternative to such person undergoing imprisonment order such person to perform specified work or work of a specified kind for community purposes for a period of 8 hours a day, 6 days a week in such manner and subject to such conditions as to supervision or otherwise as the court may specify in the order.

(2) Any person undergoing community work who absents himself from such work without lawful excuse when he should be engaged thereat shall be guilty of an offence and shall on conviction before an island court be liable to a term of imprisonment not exceeding 1 month.

17. Compensation to aggrieved person

An island court may direct any fine, or such part thereof as it deems fit, to be paid to the person injured or aggrieved by the act or omission in respect of which the fine has been imposed on condition that such person, if he shall accept the same, shall not have or maintain any action for the recovery of damages for the loss or injury sustained by him by reason of such act or omission.

18. Non-payment of fine, etc.

Any person who fails without reasonable cause (the burden of proof of which is on him) to obey an order of an island court for the payment of compensation, damages or a fine shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding 1 week for each VT 1,000 or part of VT 1,000 unpaid or where compensation or damages is ordered otherwise than in money, for each VT 1,000 or part of VT 1,000 of the value of the compensation or damages not rendered.

19. Failure to obey order of court

Any person who fails, without reasonable cause (the burden of proof of which is on him) to obey an order of or a summons to attend before, an island court shall be guilty of an offence and shall be liable to a fine not exceeding VT 24,000 or imprisonment not exceeding 6 months or to both.

20. Enforcement

Any person who –

(a) wilfully interrupts, interferes with or disturbs the proceedings of an island court; or

(b)	wilfully obstructs a justice, clerk or other person in the execution of his duty, 

shall be guilty of an offence and shall be liable to a fine not exceeding VT 10,000 or imprisonment not exceeding 3 months or both.

21. Revision

(1) The supervising magistrate of an island court shall at all times have access to the island courts in his jurisdiction and to the records of such courts.

(2) Subject to subsection (3), on the application of any person or on his own motion such supervising magistrate may –

(a) revise any of the proceedings of an island court, whether civil or criminal, and may make such order or pass such sentence therein as the island court could itself have made or passed:

Provided that no sentence of fine or imprisonment shall be increased without first giving the accused an opportunity to be heard:

And provided further that if any such sentence shall be increased upon revision by the magistrate, there shall be an appeal from the order of the magistrate to the Supreme Court which may reduce, remit or increase any such sentence;

(b) order any case to be retried either before the same court or before any other island court of competent jurisdiction for which he is the supervising magistrate or may at any stage of the proceedings, either before or after judgment has been delivered transfer any case for hearing before him.

(3)	(Repealed)

22. Appeals

(1) Any person aggrieved by an order or decision of an island court may within 30 days from the date of such order or decision appeal from it to the Magistrates’ Court.

(2) The court hearing an appeal against a decision of an island court shall appoint two or more assessors knowledgeable in custom to sit with the court.

(3) The court hearing the appeal shall consider the records (if any) relevant to the decision and receive such evidence (if any) and make such inquiries (if any) as it thinks fit.

(4) An appeal made to the Supreme Court under subsection (1) (a) shall be final and no appeal shall lie therefrom to the Court of Appeal.

(5) Notwithstanding the 30 day period specified in subsection (1) the Supreme Court or the Magistrates’ Court, as the case may be, may on application by an appellant grant an extension of such period provided the application therefore is made within 60 days from the date of the order or decision appealed against.

23. Power of court on appeal

The court in the exercise of appellate jurisdiction in any cause or matter under section 22 of this Act may –

(a) make any such order or pass any such sentence as the island court could have made or passed in such cause or matter;

(b) order that any such cause or matter be reheard before the same court or before any other island court.

24. Disposal of fines

Subject to the provisions of this Act, a fine imposed by an island court shall be paid to the Treasury.

25. Evidence

In any proceedings before it, an island court shall not apply technical rules of evidence but shall admit and consider such information as is available.

26. Disqualification

If a justice or an assessor has any personal interest or bias in any proceedings he shall be disqualified from hearing the same.

27. Representation

No legal practitioner shall be entitled to take any part in the proceedings of an island court.

28. Records

(1) So far as practicable an island court shall keep a record of its proceedings in the prescribed form.

(2) Such record of proceedings shall be certified as correct by the island court clerk, and when so certified is prima facie evidence of the matters set out in it.

29. Rules

The Chief Justice may make rules governing the procedure and practice of island courts and generally for the effectual exercise of jurisdiction by such courts and may by such rules prescribe the fees payable in such courts, and may prescribe all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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Table of Amendments

2A Inserted by Act 35 of 1989, repealed by Act 15 of 2001
3(4) Substituted by Act 35 of 1989, then by Act 15 of 2001
8 Substituted by Act 15 of 2001
9(2) Substituted by Act 35 of 1989, then by Act 15 of 2001
13(c), (d), (e) Repealed by Act 15 of 2001
21(3) Repealed by Act 15 of 2001
22(1) Substituted by Act 15 of 2001