Government Directs NLTB to Implement New Land Rent Distribution Formula

The Government has directed the Native Lands Trust Board to immediately address matters that may impede a decision on the equal distribution of all money’s received by the board on all native land.

In a letter to NLTB senior management, the Prime Minister Commodore Voreqe Bainimarama stressed the importance of the board complying with the Government decision.

“Please ensure that all matters are immediately addressed and that Government’s decision on equal distribution of all moneys received by NLTB is implemented with due dispatch,” Commodore Bainimarama said.

Commodore Bainimarama who is also the Chairman of the Native Land Trust Board was responding to issues on raised by NLTB on the distribution of money as highlighted by the Native Land Trust (Leases and Licenses)(Amendment) Regulations 2010. “Please note that the change in the distribution effected by the Amendment Regulations applies to all monies received by the NLTB in respect to any native land,” he said.

“It also applies to all monies received by NLTB but not yet distributed as at 1^st January 2011.”

The prime minister noted existing policy in relation to lease distribution for infants remain but that he was considering changes to the eligibility age. The change by the Government does not alter the existing policy in relation to infants,” he said. “It should be noted that I am considering reducing the eligibility age from 21 to 18 years.”

Commodore Bainimarama also addressed the distribution of funds that were invested by NLTB for an individual title holder.

“Where NLTB has invested funds at the direction of an individual title holder who did not uplift his share but asked NLTB to invest his funds, then such amounts have already been distributed to the title holder under the old distribution formula,” he said.

“The implementation of the new equal distribution does not affect these funds. However, where monies belonging to a landowning unit were invested by NLTB without any distribution, then such monies (together with any interest on the investment) will need to be distributed in equal shares to all members of the unit.”

Monies that are being held by NLTB and not distributed because of disputes to titles should now be distributed equally under the newly gazetted formula. “In instances where the Courts have expressly directed NLTB to not distribute monies pending the determination of the dispute by the Court, then NLTB must immediately bring to the Court’s attention the Amendment Regulations and obtain a ruling whether the monies should continue to be retained by the Court given the provisions of the Amendment Regulations.”

Rental subsidy payments received by NLTB for any Committee on the Better Utilisation of Lands (CBUL) payment must be distributed in accordance with the new distribution formula.

“The landowner issues identified by you in relation to assignments and distribution unit loans are really non-issues in so far as the implementation of the new distribution formula is concerned,” Commodore Bainimarama said.

“Where assignments have been executed by a titleholder, these should continue to be honored but only in relation to the sum which the titleholder is entitled to under the new formula.”

Commodore Bainimarama also directed NLTB to reprogramme their IT system to allow for the new distribution formula. “The IT issues highlighted must not be an impediment to the efficient and timely implementation of the new distribution formula,” he said. “If the IT system is currently programmed under the existing distribution formula, it must be reprogrammed immediately.

“However, in the meantime, manual process must be adopted to give effect to the Amendment Regulations. This is not a difficult task. Given the clarification provided above, there is no need to put any rental payments, which are due and owing, on hold.”

Native land alone accounts for approximately 90 percent of the total land area in Fiji and NLTB administers over 31,000 leases which cover 24 percent of the total native land.  -- 2011, No:0114 /MOI.