Land law inconsistencies leaving some landowners uncompensated

Inconsistencies in how land laws are applied have resulted in some landowners having their rights recognised while others are left without compensation.

This was highlighted by Suva City Council acting chief executive officer Tevita Boseiwaqa on Monday's public consultation on the State Lands Act 1945 review at the Suva Civic Centre.

Mr Boseiwaqa, who previously served as Permanent Secretary for Lands and Mineral Resources, cited a specific case involving approximately 152 acres of state land near Kalabu, which was purchased for £100,520 for public purposes but later repurposed for commercial activities.

"There appears to be inconsistency in how land laws are applied, as in some cases landowners' rights are recognised, while in others they are not," Mr Boseiwaqa said.

He explained that earlier constitutions stated land that ceased being used for public purposes "may" be reverted to original landowners, creating unequal outcomes.

The 2013 Constitution changed "may" to "shall", requiring automatic reversion, but this only applies from 2013 onwards.

Mr Boseiwaqa highlighted that some landowners received compensation while others, particularly in Kalabu, received nothing despite their land being used commercially.

He also noted issues with lease arrangements where only 60 per cent of proceeds were allocated to landowners, with the majority retained by the ministry.

Key concerns raised included:

• Unequal treatment of landowners under previous constitutions;
• Commercial use of land without proper compensation;
• Unclear qoliqoli (fishing grounds) ownership rights;
• Communities still awaiting return of their land.

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