Abstract
In the early years of colonial rule the British, and later the Australians, adhered to a policy that they would not take land from Papua New Guineans against their will. For example, in the area where the capital city, Port Moresby, now stands, they negotiated with the local landholders, the Motu-Koita, to buy land, and also
ascertained that some land was "waste and vacant" and could therefore be appropriated without payment. Included in the latter category was Daugo Island, a coral outcrop outside Port Moresby’s harbour, which the British acquired in 1889. In the 1960s, after a Land Titles Commission was established, a number of local groups made competing claims to customary ownership of the formerly "waste and vacant" Daugo Island. After a long legal battle, the people of Tatana, a small island in the harbour, were judged the owners. The tactics of the
claimants and the assessment criteria applied by the courts afford insights into changing legitimations of land claims under the rubric of custom.
ascertained that some land was "waste and vacant" and could therefore be appropriated without payment. Included in the latter category was Daugo Island, a coral outcrop outside Port Moresby’s harbour, which the British acquired in 1889. In the 1960s, after a Land Titles Commission was established, a number of local groups made competing claims to customary ownership of the formerly "waste and vacant" Daugo Island. After a long legal battle, the people of Tatana, a small island in the harbour, were judged the owners. The tactics of the
claimants and the assessment criteria applied by the courts afford insights into changing legitimations of land claims under the rubric of custom.
Original language | English |
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Pages (from-to) | 237-247 |
Number of pages | 11 |
Journal | Journal de la Société des Océanistes |
Volume | 125 |
Issue number | 2 |
DOIs | |
Publication status | Published - 2007 |
Externally published | Yes |
Keywords
- land rights
- mythopoeia
- "custom"
- law
- ownership