Sed Caueat Emptor!

Above image: West Coast of VitiLevu, location of many tourism ventures.



Above image: The islands off the west coast of Viti Levu.

Fiji landowners file another legal process against the N.L.T.B.

This is an excerpt from Fiji T.V article.

Landowning unit files fresh legal papers against NLTB and developer

Fiji T.V-6 Sep 2006 18:54:50

A landowning unit in Nadroga disputing the validity of a native lease given to Natadola Holdings by the N.L.T.B. has filed fresh legal papers against the two groups.

The Tui Nahoni of Malolo, Ratu Apenisa Rakuro, and two other plaintiffs had withdrawn an earlier writ for reasons they would not disclose. [Landowners] argue [that] the N.L.T.B. did not comply with the Native Land Trust Act when obtaining the consent of the landowners and gave false promises to them.

The Plaintiff's spokesman Tevita Korodrau says they've filed a fresh writ with similar grounds at the Lautoka High Court today.

It appears that the tabling of the Qoliqoli Bill has sent mixed signals throughout the nation of Fiji. The hotel industry are rattled because their bottom line is affected. On the other hand the native resource owner's fears are also congealing to an uproar because of certain provisions within the Bill.

Here is a link to the Qoliqoli Bill, hosted by Parliament of Fiji website.

This particular clause within the Bill(below) is the cause of resentment for many resource owners. It can also be argued, how the Native Lands Trust Act be made applicable to the sea. The boundaries of the land is set apart from the sea and technically a separate Native Seas Trust Act needs to be set in place first to administer the Qoliqoli royalties.

Apparently that move was conveniently set aside and the Bill designers erronously cut & pasted the Native Lands Trust Act into the actual Qoliqoli Bill. Land is not legally equated to Sea, therefore a major legal loop hole is embedded within the wording.

Distribution of monies from trust funds

24.(1) Monies in a Qoliqoli trust fund shall be applied or distributed by the Board in accordance with regulations made under the Native Land Trust Act.

(2) For avoidance of doubt, all rental income for leases and licences approved by the Board within Qoliqoli areas shall be paid to and distributed by the Board in accordance with regulations made under the Native Land Trust Act.

Fiji T.V 1 article highlights the indifference and frustration within the ranks of native landowning units.

Parliament Committee receives more submissions on Qoliqoli Bill

Fiji T.V-6 Sep 2006 18:58:00
Indigenous Landowner groups have proposed alternatives for the Parliamentary Committee scrutinising the Qoliqoli Bill, to consider.

They would like to see the establishment of a Board, operating independently of the Native Land Trust Board.

The Viti Landowners Resources Association would like to see the establishment of a Native Qoliqoli Trust Board, which will consist of the qoliqoli owners from the 14 provinces.

With this as their challenge to the N-L-T-B. But they're not taking any chances. If the Bill is passed in its current form, then it leaves this group of Landowners with one option.

The Joint Sector Committee is expected to hand their report to Parliament in November.

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