The iTaukei Land Trust Board (TLTB) says it remains committed to resolving the long-running Momi Land Swap, maintaining that if the original agreement cannot be lawfully completed, the affected freehold land should revert to iTaukei ownership.
In a statement responding to growing public discussion on social media, TLTB said it is pursuing a lawful resolution, either by completing the land swap approved by Cabinet in 2006 or by reversing the transaction to restore the original ownership arrangements.
The Momi Land Swap was approved by Cabinet on 4 July 2006 to facilitate the development of the Momi Bay tourism project, now home to the Fiji Marriott Resort Momi Bay.
The arrangement involved the conversion of 68.7 hectares (170 acres) of iTaukei land owned by Tokatoka Nasau into freehold land, in exchange for an equivalent area of freehold land owned by Matapo Limited, which was to be converted into iTaukei land. That freehold land was later acquired by the Fiji National Provident Fund (FNPF).
TLTB said the project has generated significant benefits for landowners and surrounding communities, with more than $5.2 million paid to Tokatoka Nasau and the Vanua o Nalolo through lease premiums, rental payments, scholarships, community projects, compensation and infrastructure assistance.
The Board said the landowners also receive annual lease payments, currently $260,000, subject to five-yearly reviews, while their company operates a tours and transfers business servicing the Marriott Resort with a fleet of 19 vehicles. The lease also provides employment and training preferences for landowners.
However, TLTB said the final stage of the land swap was never completed.
While freehold titles were transferred to TLTB in 2007, one title was later mortgaged to the Fiji Development Bank before being transferred to FNPF in 2008.
According to TLTB, Government intervention at the time prevented the final conversion of the freehold land into iTaukei land.
The Board said it has pursued the matter for years and made a formal submission to Government last year proposing that the land swap be unwound if completion proved impossible.
TLTB said discussions are continuing with the Ministry of Lands and FNPF to resolve the issue.
However, it noted that Section 29(5) of the Constitution prevents the direct conversion of freehold land into iTaukei land, creating the principal legal obstacle to completing the original agreement.
As a result, TLTB said neither Government nor any other institution has the authority to simply reclassify freehold land as iTaukei land, regardless of the intentions behind the original arrangement.
The Board said once the required acquisition and transmission process is completed by the Director of Lands, the land would become eligible for registration as iTaukei land under existing legal requirements before a new Register of iTaukei Land could be created for Tokatoka Nasau.
TLTB said the affected landowners have consistently maintained that only two outcomes would be acceptable.
Either the original land swap approved by Cabinet in 2006 should be completed, or, if that can no longer be achieved within the law, the original iTaukei land should be returned.
The Board said it remains committed to working with all parties to reach a lawful and fair resolution that protects the interests of the landowners.
