Where Canoe Is More Value Than Wife

Chronicle (Levin), 5 September 1949, Page 7

Where Canoe Is More Value Than Wife

Press Association )

(Per

AUCKLAND, Sept. 4. ■ Although capital punishment was ab olished in New Zealand in 1941 any mur derers among the 1300 people govenied by the Dominion in the remote Tokelau Island, may still be sentenced to death. Ilowever, according to the aunual report of the Island Territories Department, the sentence can be carried ■out only on the authority" of the Go-vernor-General. The formal retention of tlie death sentence among the primitive Tokelau tslanders is proliably a legacy from an earlier system of administration. Until a year ago New Zealand administered the group on belialf of Britain. Then witli the passing of the Tokelau 1slafids Act, it was ceded to New Zealand and ineorporated within the Dominion. All existing laws remained in force after 'tlie changeover in administration. Ilowever, it is now intended to review, consolidate and modify the legislation beeause of tlie small population and sim ple life that it leads. Only an elementary code of law is considered to be necessary. Supported by a tiny police fc#ce, the native Magistrates have limited sutnmary jurisdiction on each of three set tled atolls of the group. They rarely have to cope with more than minor offences and perhaps oue of the mosi serious crimes in reecnt years occurred last year wlien a man on Nukunone atoll vanished into tlie Pacific with a community canoe and another man's wife. The Counoil of Elders suggested that the punishment of this class of crime sliould be increased on the grounds that while the theft of a wit'o might not be serious, tlie loss of a cknoe was a grave liappening 011 an island where wood for boat-bnilding is almost unprocurable. The present criminal laws of the Tokelaus prescribe punishnients for 24 offences. The majority are common to European countries but others may be peculiar to the group. Tliese include provision for tliree to 12 months' imprisonment for adultery, a line of 16s or two weeks ' imprisonment for carrying nak ed liglits, tliree to 12 months' imprisonment for fualicious damage to a cuitivation, and oue to six months' imprisonment for libel or slander. Attempted crime is punishable as if the ollence were committed, to curb persistent lawbreakers. The code also provides for the peilalty for a second offenee to be half as great again as for the firs; offenee and for a tliird or subsequent offences to receive double punishment.