Since Ron Crocombe wrote his pioneering works Land Tenure in the Cook Islands in 1961 and 1964 (when anthropology was still a fledgling discipline), and edited and published Richard Gilson’s 1952 thesis as a book, The Cook Islands 1820-1950, no other detailed analysis of Cook Islands history and customary law has been published. The purpose of this book is to re-examine primary sources, to synthes
ize other peoples scholarly work, and to place Ron Crocombe’s and Ross Holmes research into a book which provides a detailed record of pre-European Southern Cook Islands customary law and society, and the impact which Europeans have had thereon. Fortunately we are now in a better position to interpret and understand customary evidence than the authors and Courts in the Cook Islands previously were, as there is now a relatively large volume of source material, much of which has not been previously analysed or readily accessible. The suppression of custom that occurred in New Zealand also occurred in the Cook Islands, initially through the LMS. Subsequently the New Zealand administration introduced the New Zealand education system in the Cook Islands, which prohibited the use of the Cook Islands language in schools, and taught Cook Islanders to be good Europeans. The inferiority of many of the customs and institutions was impressed upon the minds of Cook Islanders. The New Zealand administration had no interest in Cook Islands custom, despite it being aware that the rules and practice of the Land Court were an introduced system that was in many ways is opposed to custom. It refused to hold an inquiry into Cook Islands custom. The Cook Islands Courts have from the commencement of the Court system in 1902 down to the present time made determinations on customary law in the absence of sufficient evidence as to what customary law was. One purpose of this book is to ensure that relevant information about Māori customary laws is available. The detailed research which Ross Holmes has carried out over the past 8 years has re-written Rarotongan history which had been distorted by widely believed invented traditions. He has established that a number of the “customs” relied upon by the Courts were invented traditions, and that some have acquired substantial areas of land, and titles, that they had no customary law entitlement to. There are accordingly many historical injustices that remain to be righted.