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38-553: The party aims to produce a generational change in Vanuatu's leadership and is concerned about foreign ownership of businesses. Upon launching the party, Regenvanu–a popular, young and independent Member of Parliament–reportedly described chiefs, churches, women and youth as the four solid legs of the party. He also stated that prospective GJP candidates for parliamentary election would be "severely tested on their record of community service", to ensure that all GJP MPs were committed to defending

76-422: A matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom ." Art.95 states that pre-independence "Joint Regulations and subsidiary legislation", as well as any "British and French laws in force or applied in Vanuatu" at the time of independence, continue to apply "with such adaptations as may be necessary to bring them into conformity with

114-507: A politically, judicially or even conceptually unified entity prior to its being named the " New Hebrides " by James Cook in 1774, and subsequently its joint colonisation by France and the United Kingdom in 1906. The French and British established a condominium , whereby separate but coexisting French and British colonial authorities would administer their own settlers, as well as settlers of other nationalities who placed themselves under

152-649: Is applied primarily by local courts. In 1983, the Island Courts Act created courts with jurisdiction to hear minor civil and criminal cases in accordance with local custom, "so far as the same is not in conflict with any written law and is not contrary to justice, morality and good order". Island Courts deal with minor civil and criminal cases, as well as all cases pertaining to ownership of land. Magistrate's Courts may hear certain criminal and civil cases in first instance, and hear appeals from Island Courts, except in land ownership cases (for which appeals lie directly to

190-544: Is governed by the Public Prosecutor's Act [CAP 293]. Whereas the Public Prosecutor has no authority to direct a police investigation, s/he can serve in an advisory capacity. The decision to prosecute is dependent upon the completion of the evidential test. In those rare cases in which French and British laws applicable in Vanuatu may contradict each other, Chief Justice Vaudin d'Imecourt reasoned in Banga v Waiwo (1996) that

228-469: Is inherently local, to be ill-suited for application in national courts, where the principle of stare decisis might give one local custom binding force throughout the country. British Western Pacific Territories The British Western Pacific Territories ( BWPT ) was a colonial entity created in 1877 for the administration of a series of Pacific islands in Oceania under a single representative of

266-527: Is to provide legal assistance to needy individuals or to any person when directed by the Supreme Court of Vanuatu. The office is dependent on graduate lawyers who do not possess the two-year requirement necessary to practice before any court of law in Vanuatu. The Public Solicitor Act was amended again in 2016. Hillary Toa The Office of the Public Prosecutor of the Republic of Vanuatu commenced in 2003 and

304-745: The British Crown , styled the High Commissioner for the Western Pacific . Except for Fiji and the Solomon Islands , most of these colonial possessions were relatively minor. The Pacific Islanders Protection Act 1875 (38 & 39 Vict. c. 51), then later, the Foreign Jurisdiction Act 1890 (53 & 54 Vict. c. 37), provided for jurisdiction over British subjects in the Pacific. In 1877

342-812: The British High Commissioner of the Western Pacific , the British Resident Commissioner in the New Hebrides, and the French High Commissioner of the Pacific, as well as joint condominial regulations, applicable law in the colonial New Hebrides included acts of the French Parliament stated to apply to the New Hebrides, or to French colonial territories generally, acts of the British Parliament stated or deemed to apply to

380-539: The 2016 election the GJP won 7 seats, becoming the largest party and joining Charlot Salwai government coalition. The party retained its position as biggest party also in the 2020 election gaining two more seats, but it was relegated to the opposition of Bob Loughman 's government. Following Loughman's decision to call for a snap election in August 2022, the GJP joined forces with Laughman's former deputy PM, Ishmael Kalsakau and in

418-748: The Chief Justice of Fiji continuing as Chief Judicial Commissioner for another decade, until 1962, when the two offices were separated. Under the Western Pacific (Courts) Order in Council , gazetted on 15 August 1961 and effective from 9 April 1962, the High Commissioner's Court was renamed the High Court of the Western Pacific and relocated to the Solomon Islands. The court consisted of a Chief Justice (as

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456-720: The Constitution", and (in the English version of the Constitution) "wherever possible taking due account of custom", until and unless repealed by Parliament. Art.95(3) stipulates that "[c]ustomary law shall continue to have effect as part of the law of the Republic of Vanuatu", without specifying any restrictive clauses thereupon. Art.95 has been interpreted as recognising the continuance of English common law and principles of equity as well as British and colonial statutes. The French version of art.95 (labelled art.93), which has equal force with

494-418: The Constitution. The Supreme Court has jurisdiction to provide binding interpretations of the Constitution, per art.53(3) thereof, which provides: "When a question concerning the interpretation of the Constitution arises before a subordinate court, and the court considers that the question concerns a fundamental point of law, the court shall submit the question to the Supreme Court for its determination." In

532-588: The Ellice Islands in 1892 and as the first resident commissioner of the Gilbert Islands in 1893. He was succeeded in 1895 by William Telfer Campbell , who established himself on Tarawa , which was chosen because its lagoon has an opening large enough for ships to comfortably pass through. In 1908, the headquarters of the BWPT was moved to Ocean Island (today known as Banaba ). Ocean Island had been hastily added to

570-477: The English text, states that French and British laws in force at the time of independence continue to have effect insofar as they are compatible with custom. Thus the English text gives pre-eminence to colonial statutes over custom, while the French text provides the reverse. This contradiction has not been resolved, though in practice, courts have chosen to apply pre-independence statutes in preference to custom. For

608-519: The Supreme Court). The Supreme Court has "unlimited jurisdiction to hear and determine civil and criminal proceedings", and hears appeals from the Magistrate's Courts. The Court of Appeal "has the same power, authority and jurisdiction as the Supreme Court" and hears appeals from the latter. The Court of Appeal is "constituted by two or more judges of the Supreme Court sitting together", per art.50 of

646-587: The aftermath of the election Kalsakau was appointed prime minister with GJP's support. Law of Vanuatu Law in the Republic of Vanuatu consists of a mixed system combining the legacy of English common law , French civil law and indigenous customary law . The Parliament of Vanuatu is the primary law-making body today, but pre-independence French and British statutes, English common law principles and indigenous custom all enjoy constitutional and judicial recognition to some extent. Vanuatu did not exist as

684-626: The archived records of this High Commission were transferred to New Zealand, and are now held in the Special Collections of the University of Auckland Library. At first, the BWPT were administered by a high commissioner who resided in Fiji (and later in the British Solomon Islands ). Then, Sir John Bates Thurston appointed Charles Richard Swayne as the first resident commissioner of

722-552: The article on the law of Vanuatu ). A month after launching the party, Regenvanu was appointed Minister of Cooperatives and ni-Vanuatu Business Development in the Cabinet of new prime minister Sato Kilman . The party obtained four seats in Parliament in the October 2012 general election , the first national election it contested. Regenvanu was subsequently appointed Minister for Lands in

760-442: The colonies , and "English rules of common law and equity ", all except where inappropriate to the specific circumstances of the New Hebrides. Thus, when the New Hebrides became independent as the Republic of Vanuatu in 1980, they had not inherited any unified legal system from the colonial period, and nor had they any unified precolonial legal tradition to refer back to. The Constitution of Vanuatu , which came into effect upon

798-399: The country's formal accession to independence on July 30, 1980, establishes the bases of the country's law. Art.2 defines the Constitution as the supreme law of the country. Articles 15 and 16 create a Parliament as the Republic's legislative body . Art.47 establishes the judiciary , the function of which is to "resolve proceedings according to law. If there is no rule of law applicable to

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836-489: The courts should "find a solution in conformity with the rules of equity ". In practice, courts have tended to strongly favour the maintaining of English legal procedures. Case law , an English legal principle, applies in Vanuatu, enabling judges to shape the law through their rulings and interpretations, and to create binding legal precedents . English common law precedents are applied in preference to other legal sources. Chief Justice Vaudin d'Imecourt has explained this by

874-449: The engagement of indentured labourers and to otherwise give the colonial entity authority over British subjects in the Western Pacific beyond the jurisdiction of British and colonial Australian laws. The Governor of Fiji was given authority over persons and acts in the islands south of the equator. The Governor, as High Commissioner and Consul-General, was given the authority: to conduct diplomatic relations with local representatives of

912-656: The fact that an overwhelming majority of legal professionals in Vanuatu are trained in common law, and thus have little or no training in French law (or ni-Vanuatu custom). Miranda Forsyth, of the University of the South Pacific , has argued that custom (known in Bislama as kastom ) is de facto ignored by courts, and solely (and unofficially) "administered by communities and chiefs". She notes that judges have been reluctant to apply it not only because they are trained in common law, but also because they have considered custom, which

950-406: The foreign powers, to regulate the labour trade where it was conducted by British subjects only, and to maintain law and order among British subjects in the Pacific islands where there were no recognised governments. The High Commissioner appointed resident commissioners to manage specific island territories. Following a commission of inquiry, a revised Order in Council was issued in 1893, which gave

988-480: The government headed by his ally Prime Minister Moana Carcasses Kalosil (of the Green Confederation ). As Minister for Lands, Regenvanu -who described himself as a “notorious critic” of free trade and foreign ownership of lands- introduced a proposal whereby land leases would necessarily be examined by a committee, thus depriving the ministry itself of the power to lease lands without any external controls. This

1026-468: The jurisdiction of either administration. Joint regulations were also issued, some of which affecting the indigenous inhabitants. For the most part, however, indigenous Neo-Hebrideans simply remained outside the jurisdiction of colonial administration, which de facto considered that indigenous custom was sufficient to regulate the "native" societies, albeit without granting custom any official recognition. In addition to specific colonial regulations issued by

1064-630: The office of Chief Judicial Commissioner was renamed) and two puisne judges , one based in Port Vila , New Hebrides (now Vanuatu ), and the other in Tarawa , Gilbert and Ellice Islands (now Kiribati and Tuvalu ). Most of the island groups had gained either independence or internal self-government by 1971. On 1 January 1972, the Gilbert and Ellice Islands were taken off with their own governor. On 2 January 1976 after nearly all had been given separate statehood,

1102-697: The office of High Commissioner and the entity of the Pacific Territories were abolished. A remnant of the High Commission, however, was the right of appeal from the courts of many island nations to the Fijian Court of Appeal , which persisted into the late 1970s. With the independence of Kiribati in 1979, all islands formerly a part of the territories (except the Pitcairn Islands ) had either gained independence or been attached to other entities. In 2002

1140-509: The original Constitution of Vanuatu, Article 54 called for the establishment of a Public Solicitor of the Republic of Vanuatu. The Public Solicitor's Act of 1984 made further provisions by ensuring that the person filling the position was a legal practitioner. Chapter 177 (1988) of the Laws of the Republic of Vanuatu would further outline the functions of the Public Solicitor. The Public Solicitor

1178-783: The position of Western Pacific High Commissioner was formalised by the Western Pacific Order in Council 1877 by the Privy Council of the United Kingdom . Article 12 established the Chief Justice of Fiji as the Chief Judicial Commissioner for the Western Pacific . The Order in Council created the colonial entity – the British Western Pacific Territories – and granted the authority to manage

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1216-622: The presidency of the Malampa Province Provincial Government Council. The party currently participates in the government of Moana Carcasses . The party was reportedly the first ever to field a candidate with a disability in any election in Vanuatu, when wheelchair user Arthur Simrai stood in the municipal election in Port Vila in November 2013. Regenvanu indicated that the party wished to push, in particular, for buildings to be better equipped for wheelchair access. in

1254-554: The protectorate in 1900 to take advantage of the improved shipping connections resulting from the Pacific Phosphate Company 's increased activities. The British colonial authorities emphasised that their role was to procure labour for phosphate mining on Ocean Island, and to maintain law and order among the workers. The Western Pacific High Commission imposed the King’s Tax, payable in copra , with order maintained through

1292-399: The public interest. Subsequently, Regenvanu said his party advocated against people selling their land to investors and thereby depriving their children and descendants of that asset. It also supported a greater use of the customary judicial system, where chiefs act as mediators, rather than the "Western" system, which Regenvanu said often implied significant financial costs for litigants (see

1330-400: The resident commissioners wider autonomy over the islands under their control. The composition of the territories of the BWPT varied over time. As the islands were spread over the South Pacific, administration of the territories was problematic. The most durable members were Fiji (from 1877 to 1952) and the Solomon Islands (from 1893 to 1976). Between 1942 and 1945, the high commission

1368-509: The sake of clarification, in 1988, the Revised Laws of Vanuatu were adopted, intended to "have effect as a consolidation and as declaratory of the written laws" applicable in the country. Criminal and civil procedures are codified in a Civil Procedure Code and a Criminal Procedure Code, adopted shortly after independence. Customary law in Vanuatu is, by its very nature, diverse, as each community has its own customs. Thus customary law

1406-456: Was a response to alleged acts of corruption carried out by previous ministers. This unprecedented reform was described as part of Regenvanu's ongoing measures against corruption. More generally, his proposals sought to "untangle a whole series of obscure rules on customary landownership", and provide clarity to landowners. In the February 2013 provincial election, the party's Willie Fred Tasso won

1444-541: Was suspended. While most islands were under British military administration, the Solomon Islands and Gilbert Islands came under Japanese occupation . In 1952, Fiji was separated from the High Commission. Following this, the High Commissioner's post moved to Honiara in the Solomon Islands, and the High Commissioner was also the Governor of the Solomon Islands . The High Commissioner's Court, however, continued to meet in Suva , with

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