Week 1 Summary

1
Week 1 - Summary

• In the Pacific Islands native or customary land
  accounts for between 83 and 100 of the land mass

2
LP101 - Aims

• Study the principles of Land Tenure
• Investigate the problems
• Look at conflict resolution mechanisms
• Consider possible tenure reforms

3
Resources

• Resource Book
• Materials on Class Share and Moodle
• Reference Books At p 9 Resource Book

4
Contact Details

• Ken Chambers
• Tel [phone] fax [phone]
• Email chambers_k_at_usp.ac.fj
• Post Land Management Dept
• USP, Private Bag, Laucala Campus, Suva

5
Commitment

• 10-12 hours per week
• - 3 hours of lectures
• - 1 hour tutorial
• - 5-6 hours of reading
• - Tutorial assignments, mid- semester test,
  assignment exam preparation extra.

6
Course Assessment

• Continuous assessment
• Tutorial assignments - 20
• Mid-semester Test- 20
• Assignment- 20
• Final Exam (closed book) 40
• Total 100

7
Land

• Agrarian reform redistribution
• Tenure reform same land with different rights.
• Property is the thing AND it is a bundle of
  rights over the thing.

8
Characteristics of a right

• Duration
• Flexibility
• Exclusivity
• Quality
• Transferability
• Divisibility

9
Classification of a Right

• Direct use
• Indirect economic gain
• Control
• Transfer
• Residual
• Symbolic

10
Is there a native Fijian owner?

• The answer is yes not no.
• The legal position is set out in the Fiji Court
  of Appeal judgment in Narawa v NLTB 2002 FJCA 9
  (31/05/02).
• This judgment was confirmed on appeal by the Fiji
  Supreme Court.

11
Inquiry into ownership

• Kaliavu v NLTB,
• Bavadra v NLTB,
• Waisake Ratu v NLTB
• and Dikau v NLTB
• Are not good law

12
Tutorial exercise for Week 2

• Whether a tenure position is good or bad depends
  on perspective.
• NLTB is a stakeholder not only for native owners,
  present and future
• But also on its own behalf. It has statutory
  duties and there is cost.

13
Stakeholders

• The landholding unit is composed of personal
  communal interests
• Transport operators
• Health providers
• The decision (Tiva) has a much wider impact than
  just the parties.