TLTB to pay man $57k for misdeed

THE iTaukei Land Trust Board has been ordered by the High Court to pay $55,000 and $2500 in costs to a man who is the registered owner of an agricultural lease in Tavua.

Justices Filimone Jitoko, Pamela Andrews and Karen Clark have ruled that Lease 44656 is legally registered in the name of Chandar Lok and the iTLTB had no authority to interfere in its transfer to other persons at a time when the power of attorney on the lease was being transferred to Mr Lok.

“This is yet another instance where the administration of native lands and specifically the control and the protection of the interests of the landowners by the iTLTB, created for that singular purpose, by Native Land Trust Act 1940, have been found wanting,” said the judges in their February 29 ruling.

“Wherever and whenever there are legal issues that arise affecting the proprietary interests in the land, be they dealings or otherwise, but nevertheless affecting the control and the use of such land, the board must be alert that its action, and especially that of its officials, do not exacerbate the situations further to the detriment of the landowners.

“For example, by continuing to accept rental payments or agreeing to improvements to the land, when the legal determination in the interests to the land are still to be ascertained.”

“In this case, the fact that there was a legal issue to be determined as to whether the transfer of the lease title through a power of attorney and its subsequent registration, without the consent of the board, was sufficient to bestow legal interest in the transferee.

iTLTB was also ordered to pay Mr Lok interest at the rate of six per cent per annum from the date of this judgment and $2500 in costs.