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Papers of Henry Evans and Honor Courtney Maude

F. Papers on the Banaban Action V. The Crown

This series has been digitised and can be found on the H.E. Maude Digital Archive

Record of the proceedings of the two Court actions brought by the Banaban Council of Elders, and correspondence of E.H. Maude re the case, together with copies of contemporary reports, correspondence and notes compiled by E.H. Maude with reference to the action. 1975-76, with background papers 1913, 1931-32, 1947-48. 20cm.

Ocean Island

This series relates to the evidence given by me in the British High Court, Chancery Division, before the Vice-Chancellor, Mr. Justice Megarry, in the celebrated action Rotan Tito and the Banaban Council of Elders v. H.M. Attorney-General, for damages amounting to £70,000,000 due to inadequate compensation for the use of Banaban lands by the British Phosphate Commissioners in connection with the Ocean Island Phosphate Industry. The documentation attached was in the main prepared by me during the course of my association with the Banabans from 1930 to 1947.

1. Proceedings of first (re-planting) action for 22-24, 27-31 October, 4-7, 10-14, 17-20, 27-28 November, and 1-4 December, 1975. Daily summary of proceedings, 22 October - 4 December 1975.

2. Proceedings of second action for 15, 19 December, 1975, 14, 23, 26 January, 30-31 March, and 1-2 April, 1976. Transcript of proceedings, 15 December 1975 - 2 April 1976.

3. 38th and 39th Bundle of Documents. Documents compiled for reference in Court proceedings. Comprising copies of correspondence from Rabi Island District Officer, Donald Kennedy and the British Phosphate Commission, January 1946 - April 1947, and memoranda and reports of meetings with Banabans.

4. Documentation on Banaban Funds, Lands and the Future of the Community on Rabi. Ditto, May - December 1947, September 1948.

5. The draft Banaban Native Lands (Inheritance and Conveyance) Ordinance, 1932, and related documentation. Copy of Maude's report, March 1932 to the Resident Commissioner re Lands Commission and enclosures re his work on Ocean Island October 1931 - March 1932, together with deposition by Maude re the authenticity of these documents.

6. Personal correspondence and documentation on the action, Part I. Correspondence re the Court action, 1976. Also copies of letters and telegrams between Holland on Rabi and the High Commissioner, Suva 1947; copy of Maude's memorandum on Banaban Lands July 1947; Report July 1947 on visit to Rambi May 1947 for discussions with the Banabans; notes and recollections by Maude and P.D. Macdonald re Rotan Tito, the purchase of Rambi and the Banabans in December 1945. File includes a copy of Report at First Meeting dealing with the Land Question, Ocean Island, 18 November 1913, signed by Albert F. Ellis and a summary of the statements made at the meeting; copy of memorandum of agreement made April 1947 between the Banaban Landowners of Ocean Island and the British Phosphate Commissioner in the presence of F.G.L. Holland; and summaries of the 1947 negotiations.

7. Personal correspondence and documentation on the action, Part II. Correspondence 1975-76, especially with P.O. Macdonald ("Paddy") concerning their evidence in relation to the Court action.

8.  Additional correspondence, notes and documents. c1972-76.

9.  Memorandum by Maude The future of the Banaban population of Ocean Island: with special relation to their lands and funds, 2 September 1946.

10. Newspaper cuttings, press releases, radio scripts relating to the case. 1975-79.

11. Undated paper (manuscript drafts and typescript) by Maude on The purchase of Rabi Island for the Banabans.

12. Ballot cards used in secret ballot held on Rabi Island 10-11 May 1947.

13. Microfilm reel re: Banaban royalty payment with associated correspondence. Donated by Gillian Scott, 2007. (Master preservation reel and copy reel.)

see also correspondence with Paddy Macdonald in Part I, Series G1 and H 10-12; and Part II, Banaba/Ocean Island papers (Section 6) and Part III, C/26.
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