Tomkins, Fisher and Paterson JJA (judges from New Zealand) were appointed to decide two cases: Falefou v. Esau was an appeal from a judgment of Donne CJ given in the High Court on 27 August 1991.

In this instance the customary law is inconsistent with the Tuvalu Land Code.” Teonea v. Pule o Kaupule of Nanumaga was an appeal from a judgment of Ward CJ given in the High Court on 11 October 2005.

Mase Teonea, a pastor in the Brethren Church, sought a declaration that the resolution of the Falekaupule was null and void as contrary to the Constitution, in that the resolution was contrary to: section 23(1) of the Constitution of Tuvalu 1986 as it hinders freedom of belief and worship; section 24(1) and 25(1) in so far that it limited the freedom of expression, and freedom of association of the church members; and that the resolution was discriminatory and contrary to section 27(1) in so far that it treated the applicant in a way that gives him and his church congregation less favourable treatment than other such groups and persons.

The judgement of Ward CJ balanced the freedoms of religion, expression and association against the values of Tuvaluan stability and culture, with the Chief Justice accepting the evidence of the unrest and tension on Nanumaga.

Tomkins JA provided a minority opinion in which he agreed with the decision of the Chief Justice and would have dismissed the appeal.