Adoption and Maori custom

Although the Pa Metua are still familiar with Maori customs and traditions and what our ai tupuna practices regarding entitlements to tribal titles and family and tribal lands, sadly that generation is passing on.
The report by the House of Ariki in 1970, and a second recommendation to the Legislative Assembly in 1977 and Koutu Nui of 1977, on Lands and Traditional Titles of the Indigenous People of the Cook Islands are considered important documents.
Maori custom regarding adopted children can be a major bone of contention in successions to lands and traditional titles in some families. Maori custom is that adoption is based on bloodrights (pirianga toto) of the same bloodlines as the respective adoptive parent from whom they are claiming lands and tribal titles (if any). Maori custom was that those without the same bloodlines as their adoptive parents had very restricted rights. However, under Papa’a law all adopted children from whatever origin are deemed legitimate children and heirs to the adoptive parents.
The Koutu Nui 1977 report says the only adoption that carries with it the right to succession to any traditional title and to rights of occupation and use of land are those according to indigenous (Maori) custom. However, they recognize there are two types of adoption but are bound to accept only the adoption according to indigenous (Maori) custom.
This clash of culture and legal system has led to the Koutu Nui report 1977 recommending that the law be amended to compel Judges to give due weight to the Cook Islands Act 1915 section 422: Native customs to be recognized – Every title to an interest in customary land shall be determined according to the ancient custom and usage of the Natives of the Cook Islands’.
The report condemns the fact that the Land Court has failed to apply the section seemingly preferring a common law interpretation over that of customary law and traditions.
This writer witnessed vestiges of Maori custom being adhered to with one case where the experienced land court lawyer told the High Court that any adopted children can only succeed to family lands in Rarotonga if the natural children of the adoptive parents agree. Presumably, the lawyer was referring to an adopted child kare e pirianga toto.
Another sticking point are marriages of daughters (especially to an Ariki, Mataiapo or Rangatira) in other tribes e te Tuatau Mua, were considered to have left the tribe. The daughter is said to ‘sever her right of occupation and use of any clan land (from her parents) although such right might be revived by approval of the family. The report notes that particular custom does not apply in Nga Pu Toru or Aitutaki.

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