ent Facilitating Property Developments in the Fiji Islands

Land is at the core of most international investments and developments in real property, and to ensure the continuity of such developments in the present and future the Governments of the region have to address the issue of land tenure. This paper explores the legal structure of Fiji’s Native Land Trust Act (NLTA) in comparison with the Agricultural Landlord and Tenant Act to clarify whether NLTA indeed is the solution to Fiji’s land tenure problems or is just another “elephant ” in disguise. For any property to be developed, the developer has to ensure that there is protection of his or her developments. Wherever there is lack of protection from the State there is a resultant lack of development. The amount of development that has taken place in the region is indicative of the importance of security of tenure to development. In Fiji one can explore the number of expiring leases and ask the question: Why is the State considering ‘leases ’ as the answer to land access? Leases inevitably expire, and the land with improvements is restored back to its original owner. The time frame does not matter; 30 years of leases, 50 years of leases or 99 years of leases; it will expire and all developments made will be relinquished. This paper offers an alternative method of land tenure, which would assist in the development of property for the mutual of all parties. A new system that is not anti-development and friendly towards international investment