SECURITY OF LAND TENURE - THAT THE CREDIBILITY OF THE DEED OF CESSION TO BE HONOURED.

'Lest you forget' interim illegal regime in Fiji, the fact of the matter that the Deed of Cession is still the Founding Documents fo all Fijians which had been signed well before the Boatloads of Indentured Labours. This Document will be the Document that will see Fijians through in a Worse Case Scenario for Fijian people.  Fijian Chiefs will get to have the last laugh.

'Na Dina' Fiji Truth will Prevail in the end.

Fiji Truth Commission Movement Team

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Read more; Excerpt from http://www.un.org/esa/agenda21/natlinfo/countr/fiji/land.pdf

[Article] 5.  LAND SURVEYING IN FIJI

THE MARKING OF THE BOUNDARIES IS NECESSARY TO DEFINE ITS FULL EXTENT. EVERY

OWNER WANTS TO KNOW PRECISELY WHAT IS HIS AND WHERE HIS LAND ENDS AND

ANOTHER BEGINS. THIS IS A SIMPLE MATTER, WHICH ALL OWNERS CAN DO FOR

THEMSELVES – PROVIDED THEY CAN AGREE ON THE POSITION OF COMMON BOUNDARIES. .

5.1 THE STATUS QUO OF THE SURVEYORS

THE PRACTISING SURVEYORS THAT WE CURRENTLY HAVE IN FIJI IS 55 OUT OF A

NUMBER OF 77 REGISTERED SURVEYORS IN FIJI. THE RATIO OF SURVEYORS TO

THE POPULATION IS 1 : 15,000, WHICH IS WORRYING SCENARIO.

5.2 Background in Fiji’s Case

In pre-European times, Fijian land owning units know their boundaries and records were not necessary But with the arrival of settlers from North America, Australia and New Zealand the concept of boundary surveys was imported with them since boundary surveys were a normal practice in their countries of origin. The early surveys were very rough although adequate at that stage. However with the increase in settlers and dealings, boundary disputes increased also, with the result that by 1873 the pre-cession government introduced a law permitting only licensed surveyors to practice the profession.

The Deed of cession of Fiji in 1874 by which Fiji became a British territory, vested in the crown the absolute proprietorship of all land not known at that time to be alienated so as to have become the “bonafide” property of the Europeans and other foreigners, or not in the actual use or occupation of some chiefs or tribe and not actually required for the probable future support and maintenance of the Fijians. The deed of Cession also stated that all land claims were to be investigated and equitably adjusted. Thus the begining of land surveying in Fiji.

5.3 The Early Topographic Maps and its Early Revision

In 1954, with a British Government grant the topographic maps of Fiji were revised using aerial photographs and a Fiji Islands coverage of 1:50,000 topographic maps prepared. These maps were referred to as the “DOS” maps. The Department of Lands and Mineral Resources established its own air survey section in 1957 because of the urgent requirements for large scale maps for town planning, road location and other development projects. The possibility of using Air Survey techniques for the survey of boundaries of land registered under the Torrens Land Registration System was conducted but was proved to be unsuccessful due to the uneven topography and division of land into small parcels.

5.4 Early Survey Work ( & Survey Work to Date)

Both government and private surveyors have played their respective roles in the survey of Fiji from pre Cession days until today. Registered Surveyors and other Surveyors has practiced privately from pre-Cession days when the standard of surveys was very low but adequate for the period.

It was after the Deed of Cession that Government had to create its own establishment of surveyors because of the heavy responsibility of surveying and recording the various categories of land implied in the Deed of Cession. The establishment of Government Surveyors was greater than that of the private surveyors who usually worked under government instructions. Plans of land surveyed by licensed surveyors in private practice were accepted for issue of Crown Grants. Once the lands had been registered under the Real Property Ordinance any further subdivision of the parcel had to be surveyed

5.5 The Role of the Surveyors and its Control Survey Work.

The respective roles of both the private and governmental surveyors has become more distinct in recent times, partly because of the definition of the categories of land. Government Surveyors carry out only government surveys which means all public lands of Fiji including foreshores and soil under waters of Fiji and all lands which have been acquired by the government for any public purpose.

5.6 Government is also responsible for controls for cadastral and topographic mapping,

extensions for existing ‘trigonometrical’ survey network and the maintenance of all triangulation control points. Furthermore government surveyors carry out investigation surveys where it becomes essential for government to intervene in boundary disputes. Government is also charged with the duty of inspecting the
work both of private and government surveyors from time to time so that reasonable standards of accuracy can be maintained.

5.7 In the Engineering Survey field, government surveyors carry out engineering

surveys for development of crown lands only. For the hydrographic survey, government surveyors are only involved in the provision of controls for these, the actual survey of marine details being done by the hydrographic survey unit of the government, now been taken over by the Fiji Navy.

5.8 Private Surveyors on the other hand mostly carry out cadastral surveys of private

freehold lands and native lands. The survey of the freeholds is normally done for registration for registration in terms of the Land Transfer Act of a parcel upon subdivision.

5.9 Native Land Surveys are normally done on behalf of the Native Land Trust Board

(the authority administering Native land) for the purpose of granting registered leases. Native Land may not be sold except to government, Apart from these surveys, government may, where it becomes economical to do so, issue instructions to private surveyors to survey crown lands.

6 LAND DEVELOPMENTS IN FIJI

As is always being said that land surveying is the silent partner in any economic development. Foreign Direct Investors have established a reputation to develop land in Fiji.

6.1 Land Survey for Economic Developments and the Modern Surveys

Surveying activities in the tourism and housing development is to satisfy the corresponding needs have been increasing. Private Surveyors with engineering experiences are being absorbed into the field which involve the complete exercise from the client advice and planning stage of a hotel or housing development to the completion of the surveying and engineering works associated with it, and has been very beneficial to the government in all aspects, engineering survey, hydrographical survey, land survey, and on top of that the economical development for growth of the country.

6.2 Disparity in the Land Development

Applications by FDI often pull all the Surveying resources that is available in the market. Registered Surveyors that we have tend to look for more lucrative offers as this FDI’s have the funds that lures Surveyors to that development.

The surveying of the land area to be given up for housing for squatters will have to take the back stage. The graph shows the demand from a higher paid task/job and given the option Surveyors will definitely to the job/task that pays well.

APPLICATIONS FROM FOREIGN DIRECT INVESTORS 2000 -2005
** [Highest in year 2005 approx. 480 Applications Received.]

7 CONCLUSION and Possible Land Policy Direction

• EDUCATE AND TRAINING OF MORE SURVEYORS, ENGINEERS AND LAND/TOWN

PLANNERS

• SECURITY OF LAND TENURE - THAT THE CREDIBILITY OF THE DEED OF CESSION TO

BE HONOURED.

• LAND TITLING – CROWN LAND TO BE MADE AVAILABLE FOR DEVELOPMENT AND

LEASING, AND SECURING OF TENURE.

• LAND REFORM –THE FUNDAMENTAL QUESTIONS OF FAIRNESS AND PROPERTY

RIGHTS, THE “VALUE” OR RELATIVE BENEFITS OF THE CURRENT SYSTEMS AND

ECONOMIC DEVELOPMENT AND GROWTH.

• Provision of land for the poor, ethnic minorities, women and the Disable – the

essence of the Constitution. Practicality and fairness of land allocation.

• LAND USE AND PHYSICAL PLANNING – AWARENESS ON THE BEST LAND USE

PRACTICE. LAND USE PLANNING SHOULD HAVE BEGUN WITH A CONCERN FOR THE

EFFICIENT ALLOCATION OF LAND, BUT HAS SHIFTED TO A CONCERN FOR

PROCEDURAL FAIRNESS IN ALLOCATING THESE RESOURCES IN ALL ITS SCARCITY,

WHICH REQUIRES INCREASED STAKEHOLDER PARTICIPATION. THIS CREATES

CONFLICTS BUT ALSO SUGGESTS A BASIS FOR MORE EFFECTIVE RESOLUTION OF

LAND USE DISPUTES.

• GOVERNANCE - THE LACK OF GOVERNANCE CAPACITY TO FORMULATE AND

EXECUTE PLANS TO RESPOND TO THIS. AIM TO BE LEVELLED AT DEVELOPING

GOVERNANCE CAPACITY TO ADDRESS AND ENHANCE EXISTING GOVERNMENT

INSTITUTIONS, LIKE THE SURVEYORS REGULATORY ROLE AND ITS CREDIBILITY AND

ITS IMPORTANCE IN ITS ROLE OF MAINTAINING A CADASTRE IN ITS LEGAL

FRAMEWORK.

• PREVENTION OF SQUATTERS, LAND SPECULATION AND LAND DISPUTES –

***CREATING AN AWARENESS OF THE SOVEREIGNTY OF THE LAND AS PER THE DEED OF CESSION, MANY IN THIS GENERATION HAVE FORGOTTEN THE TRUE PICTURE OF THE DEED OF CESSION.
http://www.un.org/esa/agenda21/natlinfo/countr/fiji/land.pdf