In 1962, Samoa became the first Pacific Island country to gain independence. Like
many of its island neighbours, Samoa gave constitutional recognition to customary
laws, recognising ‘any custom or usage which has acquired the force of law in Samoa
or any part thereof’ as part of State law. This added complexity to the existing legal
pluralism in Samoa, a ‘legacy’ of the colonial era, which included a period as a
German colony, and then as a United Nations trust territory under the administration
of New Zealand. Customary laws survived this intrusion and are still widely
respected. Village communities make and administer their own rules on a broad
range of local matters. However, the Constitution sets up a hierarchy of laws and,
as ably illustrated in this book, national legislation rarely makes any concessions for
customary laws. In the case of conflict, the written law prevails in court, but in practice
these positions may be reversed. This ambiguous pluralism presents formidable
barriers for law reform in Samoa. As in other Pacific island countries, law reformers
in Samoa have, until quite recently, tended to rely on overseas models, without taking
account of local culture. Any consultation has tended to be based on an agenda
heavily weighted towards transplanted ideals. It is this background which makes
this book so important. Given the renewed interest in developing an autochthonous
legal system, reflecting the values and aspirations of Samoans, it is also timely.