TLTB will always work in the interest of the landowners

In response to a Facebook post by Opposition Member of Parliament Hon. Niko Nawaikula on 20^th June 2020, the iTaukei Land Trust Board would like to categorically state that it was and will always be working within its legal jurisdiction and that is to act in the best interest of the landowners.

Section 4 of the iTaukei Land Trust Act (TLTA) states that the “control of all itaukei land shall be vested in the Board and such land shall be administered by the Board for the benefit of the itaukei landowners”.

Mr Nawaikula referred to a number of issues at Denarau (Nadi), Waiqanake (Rewa), Vatulele (Nadroga) and Dama in Bua saying that the landowners’ rights and their interests have been neglected and abused by TLTB.

In response, TLTB Management says that Mr Nawaikula, as a lawyer and former Manager Legal for TLTB, deliberately ignored or failed to recognize the legal requirements and process that TLTB has to follow before the issuance and enforcement of the lease terms and conditions of any lease and all the legal consideration that it has to go through.

Re-entry of the Vatulele tourism leases were withheld because HFC Bank has security for a loan by the previous tenant. Therefore, the HFC Bank, as mortgagee, exercised its right by law to proceed with the tender process. Even if TLTB was adamant to reenter those leases, the mortgagee is also protected for redress under the land and property laws of this country. TLTB cannot unilaterally terminate leases and give the substantial improvements on the land as demanded by the landowners. The leases were tendered by HFC as mortgagee in the due process to get a new owner. TLTB advised the landowners to submit their tender to HFC but they did not. TLTB facilitated this  legal process, where rent arrears were paid and subsequently consented to the transfer of the leases to the new owner, who is a high profile world acclaimed tourism resorts owner and property investments in the USA. The new owners has major redevelopment plans to bring back the Vatulele Resorts to its optimum level that was once recognized globally and has community development programs and assistances for the landowners and the community of Vatulele. He has immediately provided $10,000 worth of groceries in the aftermath of Cyclone Harold and is willing to donate another $50,000 for rehabilitation works on some key community projects to improve welfare and livelihoods of families on the islands. TLTB is fully aware of the issues around the demands by the landowners to have the resort, and were promised $10 million and 100% solar energy for the islands by an unscrupulous investor who does not have the finance or expertise. It would be a huge litigation risks to the landowners and TLTB to accede to their demands. The landowners took the matter to court and was unsuccessful and the two pending court case are most likely to follow the same demise. Ironically, the lease money collected and distributed by TLTB from the two leases was used to pay legal fees. We are also aware that landowner’s has ditched Mr Nawaikula as their lawyer.

In Dama (Bua), Mataqali Niukeakea assumed that the Fiji Pine leases at Nalovokalou that expired in 2002 and should be returned to them. FPL bought the lease through mortgagee sale from FDB. However, the lease qualified for 20 years statutory extensions in compliance to Section 13 of the Agricultural Landlord & Tenants Act (1966) allowing the lease issued prior to 1976 be extended for another 20 years. This was a High Court matter in Labasa in March this year in which ruled out the landowners claim.

In Waiqanake, what claimed to be a reserved land for village boundary extension is false. The lease was issued on 1^st July 2015 well before it was reserved for their village extension on 10^th July 2015. The landowners, Mataqali Natabuivalu was consulted prior to the lease issued where market premium was paid and distributed. The mataqali has sufficient land available and part occupied by squatters, which TLTB wish to formalize under the government’s regularization of informal settlement program.

In the case of Mr Isoa Vainitoba at Denarau, the claim made by him is incorrect as the development land area excluded his house and backyard. A development lease issued, after consulting the landowners, the premium paid and distributed. Further, 10% from each of sale price of each lot will be paid as additional premium and two free commercial developed lots for the landowners to set up their business. TLTB has information that the investor has agreement with the occupants to be provided with developed lots and a two bedroom houses or paid compensations. They have also received part payment from the developer.

TLTB again reminded Mr Nawakuila to be factual and as a lawyer should know better. He has a duty as a member of parliament and a decent citizen to be truthful and let not his political proclivity clout his minds and statements. He must not take advantage of the gullible landowners to take up their case and charge fees, knowing very well that do not have good grounds. Landowners are requested to visit any TLTB offices near to you to seek advice and adhere to, and not be used as pawns to propagate certain elements in our society, especially those with political agendas.