Deed of Assignment - Brian and Karen Tairea To Akeina Maria Tairea (Atekaro 14G2, Ngatangiia)

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THIS DEED made this day of 2024

BETWEEN WILKIE RASSUMUSSEN AND JANCE TUTAI of Rarotonga as the


administrators of the Estate of POKOINA TUTAI MATARA (together
with their successors and assigns called “the Assignor”) of the one
part.

AND CHRSTOPHER AITEINA MANA of Rarotonga (together with hi


executors, successors and assigns called “the Assignee”) of the other
part.

WHEREAS

A. By a certain Deed of Lease made on the 14 th December 2000, the landowners


leased (“Deed of Lease”) to POKOINA MATARA ALL THAT PARCEL OF LAND
containing ONE THOUSAND TWO HUNDRED SQUARE (1,200m2) more or
less situated in the District of Avarua, on Island of Rarotonga in the Cook
Islands and being PART of the land named by the High Court of the Cook
Islands, (Land Division) POKOINU SECTION 107 J-M, AVARUA, RAROTONGA
and being PART of the land contained in a Partition order made by the said
court on 8th day of September 1987 which parcel of land is more particularly
delineated and described in the plan thereof drawn on the said Deed of Lease
to hold the same for a term of 60 years computed from the 1 st of March
2000..

B. POKOINA MATARA died on the xx day of month 2023 and a GRANT OF


PROBATE (Probate No. x/2023) of the estate of POKOINA MATARA was
granted to WILKIE RASSUMUSSEN AND JANCE TUTAI on xx day of month
2023.

C. In accordance with the Will of POKOINA MATARA dated 26th September 2003
(and codicil of the Will dated 22 January 2018, POKOINA MATARA
bequeathed the Deed of Lease to the Assignee.

D. The Assignors are desirous of assigning the interest in the said land to the
Assignee.

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

1. IN consideration of the covenants on the part of the Assignee hereinafter


contained the Assignor AND DOTH HEREBY assign unto the Assignee all that
the estate and interest of the Assignor herein before mentioned in the said
land AND DOTH HEREBY grant unto the Assignee for the sum of ONE DOLLAR
($1.00) paid by the Assignee to the Assignor and in further consideration of the
covenant on the part of the Assignee hereinafter contained the Assignor DOTH
HEREBY ASSIGN AND TRANSFER unto the Assignee the said estate and
interest of the Assignor hereinbefore mentioned in the said Land TO HOLD the
same unto the Assignee for the residue yet to come and unexpired of the said
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term created by the said Lease subject nevertheless to the payment of the rent
thereby reserved and the observance and performance of the covenants and
conditions therein set forth insofar as the same affects the said Land

2. FOR the consideration aforesaid the Assignee DOTH HEREBY COVENANT with
the Assignor that the Assignee will at all times hereafter pay the rent at the
times and in the manner provided by the said Lease and will at all times
hereafter observe and perform all and singular the covenants conditions and
provisos in the said Lease contained or implied and on the part of the Lessee
thereunder to be observed and performed insofar as the same affects the said
Land and will indemnify the Assignor from and against all claims demands costs
actions and proceedings whatsoever arising through default being made in the
payment of such future rent or in the future observance or performance of
such covenants conditions or provisos respectively.

IN WITNESS WHEREOF the parties hereto have executed this Deed

SIGNED by the said WILKIE RASSUMUSSEN )


AND JANCE TUTAI as administrators of the )
Estate of POKOINA TUTAI MATARA as )
as Assignors in the presence of: )________________________________

_______________________________

SIGNED by the said CHRSTOPHER AITEINA )


MANA as Assignee in the presence of: )________________________

_______________________________

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DATED 2024

_________________________________

WILKIE RASSUMUSSEN AND


JANCE TUTAI of Rarotonga as the
administrators of the Estate of
POKOINA TUTAI MATARA

AND

CHRSTOPHER AITEINA MANA

______________________________

DEED OF ASSIGNMENT

______________________________

______________________________

TAI NICHOLAS
SOLICITOR
RAROTONGA

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APPLICATION:
APPLICATION FOR APPROVAL OF DEED OF ASSIGNMENT

IN THE LEASES APPROVAL TRIBUNAL


HELD AT RAROTONGA
(LAND DIVISION)
IN THE MATTER of the Leases Restrictions
Act 1976
AND
IN THE MATTER of the land known as
ATEKARO SECTION 14G2,
NGATANGIIA,
RAROTONGA
AND
IN THE MATTER of the application by
BRIAN TAIREA AND
SELANE TAIREA for
approval of a Deed of
Assignment

Applicants

I, TAI NICHOLAS of Rarotonga, Solicitor, HEREBY MAKE application to the Leases


Approval Tribunal to approve the DEED OF ASSIGNMENT particulars whereof are set
out hereunder:

Name of Land: ATEKARO SECTION 14G2, NGATANGIIA,


RAROTONGA
Area: 1,821m2
Date of Execution of instrument: 25 October 2023
Nature of instrument: Deed of Assignment
Names of owners alienating: Brian Tairea and Selane Tairea
Share being alienated: All
Person to whom alienation made: Akeina Maria Tairea
Annual Rental: $1.00 per annum
Consideration: $1.00
Term of the Assignment: 60 years from the 1st day of August 1991

DATED at Rarotonga this day of 2023

_______________________________
TG NICHOLAS
SOLICITOR FOR APPLICANT

This Application is filed by Tai Nicholas Solicitor for the Applicant whose address for
service is Main Road, Avarua, Rarotonga or by email on tai@bnc.nz

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DECLARATION OF COMPLIANCE
(Leases Restrictions Regulations 1977)

IN THE LEASES APPROVAL TRIBUNAL


HELD AT RAROTONGA

IN THE MATTER of the Leases


Restrictions Act
1976
AND
IN THE MATTER of the land known
as ATEKARO
SECTION 14G2,
NGATANGIIA,
RAROTONGA
AND
IN THE MATTER of the application
by BRIAN TAIREA
AND SELANE
TAIREA for
approval of a Deed
of Assignment

I, TAI GRANT NICHOLAS of Rarotonga Solicitor DO SOLEMNLY AND SINCERELY


DECLARE:

1. THAT all provisions of the relevant legislation in respect of matters precedent to


the making of the application for approval and incidental thereto have been
complied with.

2. THAT the person in whose favour the alienation will be made will comply with
the decision and any directions of the Leases Approval Tribunal.

AND I MAKE this declaration believing the same to be true and by virtue of an Act of
Parliament of New Zealand entitled the Cook Islands Act 1915.

DECLARED at Rarotonga by the )


said TAI GRANT NICHOLAS this )
day of 2023 in the presence of: )

___________________________________________________
Solicitor / (Deputy) Registrar of the High Court of the Cook Islands

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APPLICATION NO: /

IN THE LEASES APPROVAL TRIBUNAL


HELD AT RAROTONGA

IN THE MATTER of the Leases


Restrictions Act
1976

AND
IN THE MATTER of land known as
ATEKARO
SECTION 14G2,
NGATANGIIA,
RAROTONGA
AND
IN THE MATTER of the application
by BRIAN TAIREA
AND SELANE
TAIREA for
approval of a Deed
of Assignment

___________________________________

APPLICATION FOR APPROVAL OF DEED


OF ASSIGNMENT
__________________________________

TAI NICHOLAS
SOLICITOR
RAROTONGA

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APPLICATION NO.

CERTIFICATE OF APPROVAL

IN THE LEASES APPROVAL TRIBUNAL


HELD AT RAROTONGA

IN THE MATTER of the Leases


Restrictions Act 1976
AND
IN THE MATTER of the land known as
ATEKARO SECTION 14G2,
NGATANGIIA,
RAROTONGA
AND
IN THE MATTER of the application by
BRIAN TAIREA AND
SELANE TAIREA for
approval of a Deed of
Assignment

AT A SITTING of the Leases Approval Tribunal held at Rarotonga on the day of


2023 the Tribunal after due inquiry and upon being satisfied upon
the merits of the above- mentioned application HEREBY APPROVES the Deed of
Assignment.

Between: BRIAN TAIREA AND SELANE TAIREA


and: AKEINA MARIA TAIREA

in respect of an area containing ONE THOUSAND AND EIGHT HUNDRED AND


TWENTY-ONE SQUARE METRES (1,821m2) being part of the above said land on the
following terms and conditions:
Consideration: $1.00
Rental: $1.00
Rent Review: 5 yearly
Term of Alienation: 60 years from the 1st day of August 1991

AS WITNESS the hand of the Chairman and the Seal of the Tribunal this day of
2023

__________________________________
CHAIRMAN OF THE LEASES APPROVAL TRIBUNAL

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