Civil law in Nauru

Nauru's private-law framework combines the Constitution of Nauru, local Acts, common law, equity and Nauruan custom. The Constitution is the supreme law and protects an independent and impartial determination of civil rights and obligations, a fair hearing within a reasonable time and, in principle, a public hearing. The Custom and Adopted Laws Act 1971 adopted common law, general statutes and equity as they stood on 31 January 1968, subject to adaptation to Nauru and the priority of later local written law. Common law develops through judicial decisions, while equity provides additional principles and remedies such as specific performance, rectification or cancellation. Nauruan custom has full legal effect in matters identified by the Custom and Adopted Laws Act, including land titles and interests, disposition of real and personal property, intestate succession of Nauruans and matters concerning only Nauruans. Land ownership and joint ownership are handled through the Nauru Lands Committee under the relevant land legislation and customary rules. The Department of Land Management and the Minister also have defined roles. The Lands Act 1976 places strict limits on certain transfers, sales, leases and interest agreements involving non-Nauruan persons; a transaction that contravenes those limits can be void. Nauru Lands Committee decisions are published in the Gazette within 21 days, and a statutory appeal or review process to the Supreme Court may apply. Contracts are mainly governed by common law and equity, with additional rules for partnerships, trusts and registered associations. Depending on the case, a court may award damages or grant specific performance, rectification or cancellation. Property, family, inheritance and liability matters use additional statutes. The Family Court deals with divorce, custody, guardianship, maintenance and adoption, and family proceedings are not public. Civil protection under the Domestic Violence and Family Protection Act 2017 belongs to the civil-law side, while related criminal conduct falls under criminal law. Estates may require probate or letters of administration in the Supreme Court. Intestate estates can also involve Nauruan custom and the Nauru Lands Committee, while the Curator of Intestate Estates may apply for administration if no application is made within three months or protection is needed. Civil liability generally follows common-law principles such as duty, breach, causation and damage because Nauru has no general tort code identified in the reviewed materials. The Limitation Act 2017 must be checked for the applicable time limit. The District Court has civil jurisdiction including specified claims involving chattels, limited land recovery and interpleader. The Supreme Court is the superior court, and the Nauru Court of Appeal hears civil appeals within its jurisdiction. Parties may appear in person or use a legal representative. Proceedings in the Supreme Court are conducted in English, and an interpreter is available when a party cannot communicate adequately in English. A District Court civil appeal requires written notice together with service and filing within 21 days. Security for costs may be required within 14 days. Court fees, witness allowances, legal costs and a possible costs order depend on the proceeding. After judgment, enforcement can include attachment, seizure and sale, garnishee orders, receivership and other execution methods. The Commissioner of Police carries out Supreme Court process, and recovered funds are paid into court and distributed according to filing priority and the applicable rules. The Office of Public Legal Defender provides legal advice and attestation services to everyone, while representation is limited to eligible categories and matters. Its stated eligibility includes Nauruan citizens, asylum seekers and refugees; eligible family and limited civil representation may be available without an advocate's fee, but court fees and other costs are not generally removed. The Consumer Protection Act 2024, labour legislation and criminal penalties primarily belong to adjacent legal areas rather than the general civil-law framework. RONLAW materials and legislative consolidations can have different update dates, so the current Act, amendment and court-rule text should be checked before relying on a legal conclusion.