C T

SUPREME COURT (CHANGE OF NAME)

RULES

1988 Revised Edition

Supreme Court (Change of Name) Rules CAP. 10A Arrangement of Rules

SUPREME COURT (CHANGE OF NAME) RULES

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Arrangement of Rules
Rule
1 Short title, application...................................................................................... 5
2 Applications to be registered. .......................................................................... 5
3 Tongan subjects. .............................................................................................. 5
4 Evidence required. ........................................................................................... 5
5 Affidavit in support.......................................................................................... 6
6 Signature of deed. ............................................................................................ 6
7 Applications by children. ................................................................................. 6
8 Certificate of enrolment. .................................................................................. 6

FIRST SCHEDULE 7
NOTICE OF CHANGE OF SURNAME...............................................................8

SECOND SCHEDULE 9

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1988 Revised Edition Page 3
Supreme Court (Change of Name) Rules CAP. 10A Rule 1

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SUPREME COURT (CHANGE OF NAME) RULES
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Made by the Judge of the Supreme Court on 31st October, 1978

G. 414/78

Commencement [31 October, 1978]

1 Short title, application.

These rules may be cited as the Supreme Court (Change of Name) Rules and
shall apply to all Tongan subjects by birth or naturalisation other than Nobles
and Matapules who are estate holders, and relate only to change of surname.

2 Applications to be registered.
Application shall be by deed in form A of the First Schedule hereto which shall
be registered and enrolled in the Supreme Court on payment of the fees
prescribed by these Rules.

3 Tongan subjects.
The applicant must be a Tongan subject.

4 Evidence required.
(1) As evidence of Tongan nationality the applicant must produce —
(a) a certificate of birth; or
(b) a certificate of citizenship by naturalisation or otherwise.

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1988 Revised Edition Page 5
Rule 5 CAP. 10A Supreme Court (Change of Name) Rules

(2) In addition to the documents set out in the last preceding paragraph —
(a) a married woman must produce her certificate of marriage, and
must, unless good cause is shown to the contrary, obtain the written
consent of her husband to her change of name. Such consent must
be endorsed on the deed and must be witnessed by a Magistrate or
the Registrar of the Supreme Court;
(b) a widow must produce her certificate of marriage and the certificate
of death of her deceased husband;
(c) a divorced woman who has not remarried must produce the decree
absolute of divorce.

5 Affidavit in support.
For the purpose of identification the deed must be accompanied by an affidavit
of a Tongan subject of over 18 years of age who has personally known the
applicant for not less than 10 years.

6 Signature of deed.
The deed must be signed by the applicant in both his old and new names.

7 Applications by children.
If the applicant is under 18 years of age the application must be made by a
parent or legal guardian of the applicant. If the applicant is under 18 but over 16
years of age his or her signed consent must be endorsed on the deed and duly
witnessed.

8 Certificate of enrolment.
A notice of change of name in form B of the First Schedule must be advertised
in the Government Gazette after enrolment and on proof of such advertisement
and on payment of the fee prescribed in the Second Schedule hereto the
Registrar of the Supreme Court will deliver to the applicant the certificate of
enrolment.

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Page 6 1988 Revised Edition
 CAP. 10A FIRST
Supreme Court (Change of Name) Rules SCHEDULE

FIRST SCHEDULE

FORM A

By this Deed I the undersigned ........................................................................................

(new Name) of ……………………………………………………………..lately called
............................................................................................. (old name) a Tongan subject
by birth/naturalization do hereby:- —
1. Wholly renounce relinquish and abandon the use of my former surname of
.................................. and in place thereof do assume from the date hereof the surname
of ………………………………………………………………………………………..
so that I may hereafter be called known and distinguished not by my former surname
of ......................................................................................................................................
but by my assumed surname of ........................................................................................
2. For the purpose of evidencing such my determination declare that I shall at all times
hereafter in all records deeds and writings and in all proceedings dealings and
transactions as well private as public and upon all occasions whatsoever use and sign
the name of .......................................................................................................................
3. Expressly authorise and request all persons at all times hereafter to designate and
address me by such assumed surname of ................................................... accordingly.
In Witness whereof I have hereunto subscribed my former and adopted names of
...........................................................................................................................................
and ………………………………………………………...and affixed my seal this day
of ………………………………….
Signed sealed and delivered by the
above named ...................................
formerly …………………….in the
presence of ......................................
witness ............................................

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1988 Revised Edition Page 7
FIRST SCHEDULE CAP. 10A Supreme Court (Change of Name) Rules

FORM B

NOTICE OF CHANGE OF SURNAME

I ………………………………………...of …………………………………heretofore
called and known by the name of ……………………….……………a Tongan subject
by birth/naturalisation, hereby give public notice that on the ..........................................
day of ………………………….…I formally and absolutely renounced and abandoned
the use of my said surname of ………………………………………..and assumed and
adopted in place thereof the surname of ..........................................................................
And further that such change of name is evidenced by a Deed dated the .......................
day of ............................................... under my hand and seal duly executed by me and
attested and enrolled in the Office of the Supreme Court of Tonga at
Nuku'alofa on the day of ................................................
(Signed) ...................................................
formerly ....................................................
Certified that this change has been enrolled in The Central Registry of the Supreme
Court of Tonga.

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Page 8 1988 Revised Edition
 CAP. 10A SECOND
Supreme Court (Change of Name) Rules SCHEDULE

SECOND SCHEDULE

FEES

Application $2.50
Filing of Affidavit 1.50
Registration of Deed 1.00
Certificate of Enrolment 1.00

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1988 Revised Edition Page 9