Tuvalu Island Courts Bench Book - Federal Court of Australia

INTRODUCTION
This Handbook has been prepared for the Island Magistrates and their Clerks on the islands of
Tuvalu to assist them to have more understanding of their work. It has followed two Workshops
in December 2001 and May 2002 aimed at capacity building and in particular, addressing the
training needs that the Magistrates have.
By creating this Handbook, it is hoped that there will be an improvement in both understanding
and in the quality of justice to the benefit of all those who live in Tuvalu. It is designed to ensure
that all Courts follow procedures and ensure that there is greater confidence in the Judicial
system.
This Handbook is based on the knowledge of various people who work within the legal system
of Tuvalu and through the years that I have worked as Peoples Lawyer from April 1999 to
January 2004. It reflects the law as it is although it accepts that there is much that needs to be
done and that practice and procedures will change as law in Tuvalu develops. It has been
designed in loose leaf form to enable those changes to be made and incorporated within the Book
as they arise. The law is as stated and accurate to the 1 st January 2004.
This version has been prepared with the support of others, particularly the National Judicial
Education Committee and the Pacific Judicial Education Programme (PJEP) based in Fiji. The
support of PJEP has been invaluable both for their time and commitment to this Book – special
thanks need to be given to Kim Stanford Smith, Peter Boshier and Vere Bakani (for her patience
in typing the script). I acknowledge further the assistance of Crystal Reeves who has checked
the relevant law and ensured the accuracy of the final version as far as possible.
Further thanks need to be given to Tina Pope for the editing, revision, and formatting which has
helped to create the final version. Her considerable skill and professionalism have contributed
greatly to ensuring the published Book will be accessible and widely used by Magistrates, and all
Court users.
In Tuvalu, thanks needs to be given to the National Judicial Education Committee of His Honour
Chief Justice Gordon Ward, Afele Kitiona – now Senior Magistrate (since September 2003) and
formerly Crown Counsel, and the former Resident Magistrate Saloa Tauia, now sadly deceased,
for their support, help and comments and for checking and proof reading the English version. I
also acknowledge the patience and understanding of my family for the time that I have had to
spend away from them in the preparation of this Book.
This work owes a special debt to Tagaloa Enoka Puni, Coordinator of the Pacific Judicial
Education Programme. Without his help and his knowledge of Tuvalu neither the Workshops
Tuvalu Island Courts Bench Book June 2004