Cap. 120 Rev. 2006 Fijian Affairs

CHAPTER 120

AN ACT TO PROVIDE FOR THE REGULATION OF FIJIAN AFFAIRS 1

Ordinance No. 3 of 1944

[1st January, 1945]

TABLE OF PROVISIONS SECTION

Part 1 — Preliminary

1. Short title. 2. Interpretation.

Part 2 — and Fijian Affairs Board

3. Great Council of Chiefs. 4. Fijian Affairs Board. 5. Regulations by Minister. 6. Regulations by Board.

Part 3 — Provincial Councils

7. Provincial Councils. 8. Provincial Council to be corporate body. 9. Other councils.

10. Standing orders.

Part 4 — Laws Affecting

11. Procedure with respect to Bills affecting Fijian Affairs. 12. Appointment and powers of rokos.

Part 5 — Fijian Magistrates and Provincial Courts

13. Appointment and powers of Fijian magistrates. 14. Suspension and discharge of rokos and magistrates. 15. Appointment of officers. 16. Tikina courts. 17. Jurisdiction and powers of Fijian magistrates. 18. Appeal from tikina court. 19. Provincial courts. 20. Appeals from provincial court. 21. Powers of revision of findings of Fijian courts.

1 This Law was enacted through Ordinance No. 3 of 1944 and was subsequently amended through Ordinances No. 19 of 1944, 2 of 1945, 4 of 1945, 28 of 1948, 16 of 1951, 10 of 1966, 29 of 1967 and Order of 7th Ocober. 1970

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Part 6 — By-Laws and Orders

22. Promulgation of by-laws and orders. 23. Personation of chief. 24. Conflict between regulations, etc., made under this Act and other legislation. 25. excepted.

Part 1 — Preliminary

Short title 1. This Act may be cited as the Fijian Affairs Act.

Interpretation 2. In this Act, unless the context otherwise requires— "Board" means the Fijian Affairs Board constituted under the provisions of this Act;

"chief" means any person enrolled in the principal mataqali of a yavusa in the register of native land owners recorded under the provisions of section 8 of the Native Lands Act; "Council" means the Great Council of Chiefs constituted under the provisions of this Act; "Fijian" includes every member of an aboriginal race indigenous to the Islands and also includes every member of an aboriginal race indigenous to Melanesia, Micronesia or Polynesia living in the Fiji Islands who has elected to live in a Fijian village; "Fijian court" means a court constituted under the provisions of this Act; "province" means a province established under the provisions of this Act or by law or custom in existence at the commencement of this Act; "tikina" means a tikina established under the provisions of this Act or by law or custom in existence at the commencement of this Act; (The entire section was substituted by Ordinance No.10 of 1966, s. 2.)

Part 2 ― Great Council of Chiefs and Fijian Affairs Board

Great Council of Chiefs 3.—(1) There shall be in respect of the Fijian people a council called the Great Council of Chiefs which shall consist of such number of appointed, elected and nominated persons as the President may by regulation prescribe. (2) It shall be the duty of the Council, in addition to any powers or duties especially conferred upon it, to submit to the President such recommendations and proposals as it may deem to be for the benefit of the Fijian people, and to consider such questions relating to the good government and well being of the Fijian people as the President or the Board may from time to time submit to the Council, and to take decisions or make recommendations thereon. (Substituted by Ordinance No.10 of 1966, s. 4.)

Fijian Affairs Board 4.—(1) There shall be of and for the Council a Board called the Fijian Affairs Board which shall consist of such appointed and elected persons as the Minister may by regulation prescribe. (2) The Board shall be a body corporate with perpetual succession and common seal and shall, under the name of the Fijian Affairs Board, be capable of suing and being sued and, subject to the provisions of this Act, shall be capable of purchasing, holding and alienating property, real and personal, and of doing and suffering all such other acts and things as bodies corporate may by law do and 2 Cap. 120 Rev. 2006 Fijian Affairs

suffer. (3) Subject to the approval of the Minister of Finance, it shall be lawful for the Board to raise loans, including temporary loans by way of overdraft from a bank or otherwise, for the purposes of this Act, on such terms and conditions as it may consider appropriate and it may offer all or any of its property as security for such loans. (4) It shall be the duty of the Board, in addition to any powers or duties especially conferred upon it, to submit to the Minister such recommendations and proposals as it may deem to be for the benefit of the Fijian people, to consider such questions relating to the good government and well being of the Fijian people as the Minister may from time to time submit to the Board and to refer such questions to the Council or to take decisions or submit recommendations thereon. (The whole section substituted by Ordinance No.10 of 1966, s. 4 and amended by Ordinance No.29 of 1967, s. 2.)

Regulations by Minister 5. Without prejudice to the generality of the provisions of sections 4 and 5, the Minister may make regulations providing for— (a) the constitution of the Council and of the Board; (b) the powers, duties and functions of the Council and of the Board; (c) the holding of meetings of the Council and of the Board. (Substituted by Ordinance No.10 of 1966, s. 4.)

Regulations by Board 6.—(1) The Board may, subject to the approval of the Minister, make regulations to be obeyed by all Fijians, providing for the peace, order, welfare and good government of Fijians, and, without prejudice to the generality of the foregoing, providing for— (a) the constitution of Provincial Councils and of such other councils as the Minister or the Board may from time to time establish; (b) the conduct of elections to Provincial Councils: Provided that the provisions of the law for the time being in force relating to offences in connection with the conduct of elections to Parliament shall apply mutatis mutandis to elections to Provincial Councils; (c) the imposition, assessment and collection of rates and the charging of fees by Provincial Councils; (Amended by Ordinance No. 29 of 1967, s. 3.) (d) the making of by-laws by Provincial Councils, and of orders by other councils; (e) the powers, duties and functions of Provincial Councils and other councils; (f) the establishment, constitution, powers, duties and functions of commit- tees by Provincial Councils and other councils; (g) the holding of meetings of Provincial Councils and other councils, and committees thereof; (h) the jurisdiction, powers and procedure of Fijian courts and magistrates in civil and criminal matters and the fees which may be charged in connection with proceedings before Fijian courts; (i) for the recruitment, training and appointment of officers to carry out functions under the provisions of this Act; (j) any other matter required to be prescribed. (2) Subject to the provisions of the proviso to paragraph (b) of subsection (1), regulations made under the provisions of that subsection may impose penalties for the breach thereof not exceeding a fine of $100 or imprisonment for a term not exceeding 6 months, or both such fine and imprisonment, and may make provision for extramural punishment. (The whole section was substituted by Ordinance No.10 of 1966, s. 4.)

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Part 3 — Provincial Councils

Provincial Councils 7.—(1) There shall be in and for each province a council called the Provincial Council which shall consist of such number of persons as may be prescribed by regulations. (2) A Provincial Council may, subject to the approval of the Board, make such by- laws for the health, welfare and good government of, and, subject to the approval of the Minister, impose such rates or charge such fees to be paid by Fijians residing in or being members of the community of the province as may be authorised by regulation. (3) Any by-law made under the provisions of subsection (2) may impose penalties for the breach thereof not exceeding a fine of forty dollars and, in the case of a continuing offence, a further fine not exceeding four dollars for each day during which the offence continues after a conviction in respect thereof. Any such by-law may also provide that, in addition to any such fine, any expense incurred by a Provincial Council in consequence of any such breach or in the execution of any work directed by any such by-law to be executed by any person and not executed by him shall be paid by the person committing such breach or failing to execute such work. (Section substituted by Ordinace No.10 of 1966, s. 4.)

Provincial Council to be corporate body 8.—(1) A Provincial Council shall be known by the name of the province followed by the words "Provincial Council" and shall under that name be a body corporate with perpetual succession and a common seal, and shall for the purposes and subject to the provisions of this Act be capable of purchasing, holding, disposing of and alienating real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2) It shall be lawful for a Provincial Council from time to time to raise loans, including temporary loans on overdraft from a bank or otherwise, for such purposes, in such amounts, and on such terms and conditions as shall be approved by the Fijian Affairs Board. Such loans shall be secured on the property and revenues of the council. (3) A Provincial Council may acquire, whether by way of purchase or lease, any land, whether situated within or without the boundaries of the province, and may develop any land so acquired, and may sell or let any land which they may possess: Provided that no such dealing in land shall take place without the prior approval of the Minister. (Section substituted by Ordinance No.10 of 1966, s. 4.)

Other councils 9.—(1) The Board may establish for any area in any province such other council, with authority over such area as the Board may define, which council shall consist of such persons and shall be called by such name as may be prescribed. (Enforced on 15th March 1985 by Legal Notice No. 18 of 1985) (2) A council created under the provisions of subsection (1) may, subject to the approval of the Provincial Council of the province within which the area of authority of such other council may be situated and, with the subsequent approval of the Minister, make orders for the good government of Fijians residing in or being members of the community of such area as may be authorised by regulations. (3) A Fijian shall be liable to a fine not exceeding twenty dollars or to imprisonment for a term not exceeding two months, or both such fine and imprisonment, if he contravenes or fails to obey any order which by this Act he is bound to obey.

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Standing orders 10. The Board — (a) shall make standing orders to the satisfaction of the Minister for regulating the receipt, custody and disbursement of revenue, for accounting and audit, and for the inspection of accounts; and (b) may make standing orders regulating the engagement, salaries, conditions of service, dismissal, superannuation and all other matters relating to the employment of persons in its service.

Part 4 — Laws affecting Fijians Procedure with respect to Bills affecting Fijian affairs 11.—(1) When any bill is to be introduced into Parliament which appears to the Minister to affect in any important matter the rights and interests of Fijians, and especially any Bill imposing taxes to be paid by them or relating to their chiefs, local authorities or land, it shall first be referred to the Board for consideration, unless the Minister certifies that is so urgent or of so secret a nature that the public interest does not so permit. (2) On reference of a Bill the Board may inform the Minister that it advises that the Bill be referred to the Council of Chiefs and the Minister shall then so refer it unless the urgency of the matter is such that in his opinion the Bill cannot be delayed. (3) If a Bill is not referred to the Council of Chiefs it shall be considered by the Board which shall prepare a memorandum containing its comments on the Bill and return the Bill with the memorandum to the Clerk to the House of Representatives. (4) If a Bill is referred to the Council of Chiefs, the Council shall without undue delay proceed to consider it and prepare a memorandum containing its comments on the Bill and shall return the Bill and memorandum to the Clerk to the House of Representatives. (5) If, in the opinion of the Minister, the public interest so require or there has been undue delay, the Minister may order that a Bill which has been referred to the Council of Chiefs be withdrawn and referred to the Board or introduced without further reference into Parliament. (6) When any Bill has been returned to the Clerk to the House of Representatives with a memorandum by the Council of Chiefs or the Board it shall be presented to Parliament with the memorandum and it shall be in order for the members of Parliament in debate to refer to or discuss the memorandum as if it were part of the Bill.

Appointment and powers of rokos 12. The Minister may, with the advice of the Board, appoint rokos of provinces, and such rokos when so appointed shall have such powers and duties as may from time to time be conferred or imposed on them by regulation: Provided that where in any province no appointment of a roko has been made or the roko is unable to exercise the powers or perform the duties of his office by reason of illness, absence on leave or other cause, then, in default of the appointment of any other person to act in the office of roko, the Commissioner of the Division within which the province is situated may exercise the powers and shall perform the duties conferred or imposed on the roko by or under this Act. (Amended by Ordinance No. 4 of 1945, s. 5.)

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Part 5 — Fijian Magistrates and Provincial Courts

Appointment and powers of Fijian magistrates 13. The Minister may appoint fit and proper persons to be Fijian magistrates and such magistrates shall have such jurisdiction and powers as may be conferred upon them by or under this Act.

Suspension and discharge of rokos and magistrates 14.—(1) If the Minister is satisfied that any roko or Fijian magistrate is by reason of illness, delinquency or neglect incapable of discharging or unwilling to discharge the duties of his office he may make an order suspending him from office and appointing a fit and proper person to take his place for such time as may be prescribed in the order, and such person shall thereupon have all the powers and duties of such roko or magistrate. (2) If the Minister is of opinion that there are grounds for considering the removal of a roko or Fijian magistrate from office, or the imposition of a penalty by way of fine, reduction of salary or reprimand, he may refer the matter to the Board for inquiry, at which the roko or magistrate shall be entitled to be heard, and may thereafter make such order as he considers just. (3) If the Minister is of opinion that by reason of ill health, infirmity or physical disability a roko or Fijian magistrate is unable to discharge the duties of his office, he may refer the case to a medical board and may thereafter make such order as he considers just.

Appointment of officers 15.—(1) The Board may appoint such officers, accountants and servants as may be required for the efficient discharge of its duties and responsibilities and for the proper conduct and administration of Fijian affairs. (Amended by Ordinance No.29 of 1967, s. 4.) (2) Subject to the provisions of this Act, persons so appointed shall have such powers as may be conferred by regulation, and shall perform such duties as may be imposed by regulations or as the Board may direct.

Tikina courts 16. There shall be in each tikina a court, to be called a tikina court, which shall consist of a Fijian magistrate sitting alone and shall be held at such times and at such places as may be necessary. (Amended by Ordinance No. 4 of 1945, s. 3.)

Jurisdiction and powers of Fijian magistrates 17.—(1) Subject to the provisions of this Act, Fijian magistrates shall have and exercise such civil jurisdiction and powers and, with respect to offences against regulations, by-laws and orders made under this Act, such criminal jurisdiction and powers, as may be prescribed by regulations, and, in so far as such regulations do not provide, shall have and exercise, with respect to such offences, jurisdiction and powers similar to those conferred on second class magistrates by the Criminal Procedure Code. (Amended byOrdinance No.2 of 1945, s. 138.)

(2) No person shall be committed to prison by a Fijian magistrate without a written warrant, or sentenced to any punishment without a written record of the conviction. (3) A Fijian magistrate shall not have power to investigate an indictable offence, but, if an information or complaint discloses such an offence, he may issue warrants for the arrest of the offender or other preliminary process and shall,

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without delay, remit the case for investigation to a magistrate holding office under the Magistrates' Courts Act. (Amended by Ordinance No.2 of 1945, s. 138.)

Appeal from tikina court 18. An appeal shall lie from a tikina court to the provincial court of the province— (a) when the amount adjudged to be paid exceeds the sum of two dollars; or (b) when a person has been adjudged as a punishment for an offence in default of payment of a fine to be imprisoned for a term exceeding seven days; or (c) when a person has been adjudged as a punishment for an offence to be imprisoned without the option of a fine: Provided that no appeal shall lie in the case of an accused person who has pleaded guilty and been convicted on such plea except as to the extent and legality of the sentence. (Amended by Ordinance No. 4 of 1945, s. 3.)

Provincial courts 19.—(1) There shall be in each province a court, to be called the provincial court. Such court shall be composed of three members of whom two shall be Fijian magistrates and the third shall be either a Fijian magistrate or a district officer. (Amended by 2 of 1945, s. 138.) (2) Subject to the provisions of this Act provincial courts shall have and exercise such civil and criminal jurisdiction as may be prescribed by regulations. (3) Each provincial court shall sit at least once every three months at s uch times and such places as it may consider necessary. (Amended by Ordinance No.29 of 1967, s. 5.)

Appeals from provincial court 20. An appeal in both civil and criminal matters shall lie from a provincial court to the High Court upon the terms and in the manner which may be from time to time prescribed by regulation and subject thereto upon the terms and in the manner prescribed by sections 308 to 322 inclusive and 329 to 340 inclusive of the Criminal Procedure Code. (Inserted by No. 19 of 1944, s. 391.)

Powers of revision of findings of Fijian courts. 21.—(1) The Legal Adviser to the Board may call for and examine the record of any proceedings before a Fijian court for the purpose of satisfying himself of the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of a Fijian court. (2) If the Legal Adviser to the Board acting under subsection (1) considers that any finding, sentence or order of any Fijian court is incorrect, illegal or improper or that any such proceedings are irregular, he may, in the case of any finding, sentence or order other than an order of acquittal, alter or reverse such finding, sentence or order: Provided that no order under this subsection shall be made to the prejudice of an accused person unless he has had an opportunity of being heard either personally or by a legal practitioner in his own defence. (3) Subject to the provisions of subsection (2), no party shall have any right to be heard, either personally or by legal practitioner, by the Legal Adviser to the Board when exercising his powers of revision:

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Provided that the Legal Adviser may in his discretion when exercising such powers hear any party either personally or by legal practitioner.

Part 6 — By-Laws and Orders Promulgation of by-laws and orders 22. Notwithstanding anything contained in the Interpretation Act every by- law or order made and duly approved under this Act shall be made known to the person or persons by whom it is to be obeyed in such manner as is customary in the area of jurisdiction of the provincial or tikina council by whom the by-law or order is made, and thereupon shall be binding on the person or persons by whom it is to be obeyed. (Amended by Ordinance No.4 of 1945, s. 3.)

Personation of chief 23.—(1) A Fijian shall be liable to a fine not exceeding one hundred dollars or to imprisonment not exceeding one year or to both imprisonment and fine if, not being a person exercising administrative functions with the approval of the Minister or the Board, he shall profess to exercise administrative functions, or, not being a chief, hold himself out to be a chief or assume the powers of a chief. (2) A Fijian accused of an offence against this section may be tried summarily before any court, whether a Fijian court or not, within the area of whose jurisdiction the offence was committed: Provided always that no court shall be deemed to be authorised by this section to impose heavier penalties than such court is authorised to impose in the exercise of its ordinary criminal jurisdiction: Provided further that no proceedings shall be taken for an offence against this section without the consent of the Minister.

Conflict between regulations, etc., made under this Act and other legislation 24. If the subject matter of any regulation, by-law or order made under this Act is also the subject matter of any other law for the time being in force, not being a regulation, by-law or order made under this Act, such regulation, by-law or order shall not be invalid solely by reason thereof but shall be void to the extent to which it is incompatible with such other law.

Rotuma excepted 25. This Act shall not apply to the island of Rotuma.

Controlled by Department of Fijian Affairs, Office of the Prime Minister.

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CHAPTER 120

FIJIAN AFFAIRS

SECTION 5—FIJIAN AFFAIRS (FIJIAN AFFAIRS BOARD) REGULATIONS 2 Regulations of 19th July 1996

TABLE OF PROVISIONS

REGULATION Part 1—Preliminary 1. Short title 2. Interpretation

Part 2—Membership

3. Membership and tenure 4. Chairperson 5. Advisers 6. Secretary to the Board 7. Resignation 8. Removal from office 9. Expenses and allowances 10. Disqualification 11. Effect of disqualification 12. Filling of vacancies 13. Non-attendance Part 3—Meetings 14. Meetings 15. Rules of Procedures 16. Quorum 17. Decisions 18. Attendance by invitation 19. Disclosure of interests 20. Duties 21. Report of proceedings 22. Committee

Part 4—Annual Report and Other Matters

23. Annual Report 24. Letter of acceptance of 25. officeBoard to act on directions 26. Repeal

2 These Regulations were made through Regulations of 19th July 1966 and virtue of regulation 1, it came into force on 30th August 1996. The Regulations were subsequently amended by Legal Notices Nos. 18 of 1970, 112 of 1970, 60 of 1973, 173 of 1977, 109 of 1984 The Regulations were then substituted by Legal Notice No. 94 of 1996 and amended by Legal Notices No 40 of 1999; 115 of 2000; 101 of 2001, No. 108 of 2001, 101 of 2008 9 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

27. Transitional provision 28. Translation

Part1—Preliminary

Short title 1. These regulations may be cited as the Fijian Affairs (Fijian Affairs Board) Regula- tions.

Interpretation 2. In these regulations unless the context otherwise requires —

"Board" means the Fijian Affairs Board constituted under Section 4 of the Fijian Affairs Act and regulation 3; "Chairperson" means the person designated under regulation 3 (1)(a); (Amended by Legal Notice No. 115 of 2000)

"Council" means the Great Council of Chiefs constituted under Section 3 of the Fijian Affairs Act and the Fijian Affairs (Great Council of Chiefs) Regulations, 1993, which is also known as "Bose Levu Vakaturaga'"

"Gazette" means the Fiji Republic Gazette;

"member" means member of the Board;

"Minister" means the Minister responsible for Fijian Affairs; and

"NA MATA" means the official publication of the Board under that name published in the Fijian language.

"Secretary" means the Secretary to the Board appointed under regulation 6;

Part 2—Membership

Membership and tenure 3.— (1) The Board shall consist of— (a) the Minister responsible for Indigenous Affairs as Chairperson; (b) 4 Cabinet Ministers as members; (c) 4 members who are not members of Government, however appointed by the Minister responsible for Indigenous Affairs. (Amended by Legal Notice No. 40 of 1999, substituted by Legal Notice No. 115 of 2000 s. 2(b)), amended by Legal Notice No. 101 of 2001 s. 2(a), 108 of 2001 s.2. The sub-regulation was subsequently subsetuted by Legal Notice No. 101 of 2008.)

(1A) The 8 members appointed under paragraph (1)(c) may include not more than 3 members who are not members of the Council. (Inserted by Legal Notice No. 101 of 2001 s.2(b))

(2) Any elected or nominated member is eligible to be a member on the expiry of the three year period for a further term on re-election or re-nomination.

(3) Names of members nominated by the Council shall be reported to the Minister within twenty one days of nomination and the Minister shall before the first sitting of the new 10 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Board cause the names of all members of the board to be published in the Gazette, and those names shall also be published in the next issue of the 'NA MATA'.

Absence of Chairperson 4. If the Chairperson is absent from a meeting of the Board, the members present may elect a member to preside at that meeting. (Substituted by Legal Notice No. 115 of 2000 s. 2. (c ))

Advisers 5.—(1) The Minister shall on the recommendation of the Board appoint a Legal Adviser and a Financial Adviser to the Board and he or she may on the like recommendation appoint other Advisers on such terms and conditions as the Board deems fit.

(2) The Minister may on the recommendation of the Board terminate the services of any Adviser to the Board.

Secretary to the Board 6. The Minister shall appoint a Secretary who shall be an employee of the Board.

Resignation 7. A member may resign his or her seat at any time by writing to the Chairperson and the resignation shall take effect upon the receipt of that letter or on such other day as the Minister may determine.

Removal from office 8.— (1) The Board may suspend or remove any of its members on the strength of a resolution passed by a two-third majority of the Board for conduct which, in the opinion of the Board, constitutes neglect of duty, incapacity to perform Board duties or misconduct. (2) A member shall not be suspended or removed by the Board unless by a resolution taken on a substantive motion filed with the Secretary to the Board not less than twenty one days preceding the sitting of the Board.

Expenses and allowances 9. Members including Advisers and invited members may be paid, whilst on the Board's business, reasonable expenses incurred by them or subsistence allowance at a rate fixed by the Board.

Disqualification 10. No person shall be qualified as a member if he or she:— (a) is in the employment of the Board; or (b) is a person who has been adjudged bankrupt; or (c) is a person of unsound mind within the meaning of the Mental Treatment Act; or (d) is under a sentence of imprisonment for a period of not less than six months.

Effect of disqualification 11.—(1) A member who becomes disqualified under regulation 10 during his term of office shall cease to be a member of the Board from the date any of the circumstances leading to his or her disqualification takes place.

(2) A person who knowingly acts or claims to be a member while so disqualified commits an offence and shall be liable upon conviction to a fine of $ 100 or to imprisonment for a term of two months or to both such fine and term of imprisonment.

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Filling of Vacancies 12.—(1) The Secretary shall inform the appointing or nominating authority in writing of any vacancy in membership of the Board to enable a replacement to be nominated or appointed. (2) A member elected or appointed to fill a vacancy occurring before the term of a member expires shall be member for the unexpired portion of the term of the member replaced.

(3) No replacement may be appointed or nominated if a period of three months or less remains of the term of the member to be replaced.

Non-attendance 13.—(1) A member who fails to attend three consecutive meetings of the Board without reasonable excuse shall be deemed to have ceased his or her membership of the Board. (2) Attendance as a member at a meeting of any committee or sub-committee of the Board or other body by whom for the time being any of the functions of the Board are being discharged, shall be deemed for the purposes of sub-regulation (1) to be attendance at a meeting of the Board.

(3) A member who is unable to attend any meetings of the Board by reason of the member's absence from the Fiji Islands for the purpose of further training or education or for any government or national assignment abroad shall not be disqualified from membership but such member may be asked to relinquish his or her membership if the period of absence is for more than half of the term of his or her membership.

(4) The Board shall by resolution confirm a member's ceasure of membership under this regulation.

Part 3—Meetings

Meetings 14.—(1) The Board shall meet at least once in every two months at such times and places as the Chairperson may from time to time determine.

(2) The Legal and Financial Advisers shall attend each meeting of the Board but if their attendance is for any reason not possible, such shall be made known to the Chairperson prior to the meeting or as soon as practicable thereafter.

(3) Other advisers shall attend those meetings or pails of meetings for which they are invited to attend but if their attendance is not possible such shall be made known to the Minister prior to the meeting or as soon as possible thereafter.

(4) Advisers may take part in the meetings, but shall not be entitled to vote.

(5) The Chairperson may at any time call an extra-ordinary meeting of the Board.

Rules of procedure 15. The Board may make rules regulating its proceedings and the mode of conducting its business.

Quorum 16. The quorum of the Board shall not be less than seven members including the Chairperson. 12 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(Amended by Legal Notice No. 40 of 1999 s. ( c) )

Decisions 17. Decisions of the Board shall be made by a majority vote of members present and in the case of an equality of votes the Chairperson shall, in addition to a deliberative vote, have also a casting vote.

Attendance by invitation 18. The Board may invite any person to attend any meetings, and such persons may take part in such meetings but shall not be entitled to vote.

Disclosure of interests 19.—(1) A member or Adviser who has any interests pecuniary or other interests, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the Board at which the contract or other matter is being considered, shall as soon as practicable after the commencement of the meeting disclose such interests. (2) A member or Adviser who has declared an interest under subsection (1) shall not take part in the consideration or discussion of any contract, proposed contract or other matter or vote on any question with respect to it, unless the Chairperson is satisfied and makes a decision that it will be in order for the member or Adviser to participate unconditionally or upon conditions, at that meeting.

(3) A member or Adviser who fails to disclose his or her interests under sub-regulation (1) commits an offence and upon conviction shall be liable to a fine of not exceeding $200 unless that member proves that he or she did not know that the contract, proposed contract or other matter being discussed would benefit him or her in any material way.

(4) A prosecution for an offence under this regulation may be instituted by or on behalf of the Board. (5) The Board may by resolution exclude a member or Adviser from a meeting of the Board while any contract, proposed contract or other matter in which he or she has a pecuniary interest, direct or indirect, is under consideration.

Duties 20.—(1) It shall be the duty of the Board to:— (a) consider such draft legislation and other matters relating to the rights, interests, health, welfare (social and economic), peace, order and good government of the Fijian people as the Minister may from time to time refer to the Board, and take decisions or make recommendations thereon to the Minister;

(b) consider resolutions relating to the same matters as are set out in subparagraph (a) which members may submit to the Chairperson at least two weeks before the date of the next meeting of the Board, and take decisions or make recommendations thereon to the Minister;

(c) monitor all developments carried out in the Provinces and to ensure that such development are in accordance with and reflect the development policies and strategies formulated by the Government.

(2) Before taking any decision or making any recommendation on any matter which appears to the Board to be of vital importance affecting the interests and rights of the Fijian people, the Board shall refer all such matters to the Council for consideration and recommendation thereon. 13 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Report of proceedings 21 A report of the proceedings of each meeting of the Board shall be submitted by the Secretary to the Chairperson within seven days after such meeting.

Committee 22.—(1) The Board may appoint Committees to deal with any matters as the Board may consider appropriate and the Secretary shall be Secretary to any Committee so appointed.

(2) Any committee appointed by the Board shall consist of a Chairperson and such number of members and advisers as the Board may by resolution determine.

(3) Any committee appointed by the Board shall have powers and functions as the Board may by resolution determine.

(4) Committees appointed under the provisions of this regulation may co-opt any person to be a member of such committee:

Provided that the number of persons so co-opted shall not exceed one-third of the total number of its members nor one-half of the number of members forming the quorum of that committee.

Part 4—Annual Report and other matters

Annual report 23. The Board shall, not later than the 31st day of July in each and every year, prepare and submit to the Council a report upon its activities for the year ending on the 31st of December then preceding.

Letter of acceptance of office 24.—(1) A person appointed or nominated to be a member of the Board shall not have his or her membership confirmed unless he or she has signed a letter of acceptance of membership in the form prescribed in the Schedule.

(2) The acceptance letter shall be delivered to the Secretary before or at the first meeting of the Board.

Board to act on directions 25. In carrying out its functions and in exercising its powers under the provisions of these regulations, the Board shall act in accordance with such general or special directions as may be given to it by the Council and the Minister.

Repeal 26.—(1) The Fijian Affairs (Fijian Affairs Board) Regulations and amendments made thereunder are repealed.

(2) The Fijian Affairs (Interpretation) Regulation is repealed to the extent that terms and expressions defined in regulation 2 of that regulations are defined in regulation 2 of these regulations. Transitional provision 27. Any by-laws, Standing Orders, rules or Codes made under the Fijian Affairs (Fijian Affairs Board) Regulations now repealed shall continue to be in force as if they were made under these Regulations, until new by-laws, Standing Orders, rules or Codes are made under these Regulations in substitution thereof.

Translation 28. This regulation shall be translated into the Fijian vernacular and if there is any 14 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs dispute, conflict or inconsistency in the interpretation of any provisions in the English and Fijian texts, the meaning conveyed by the English text shall be the meaning to be adopted.

Schedule

FIJIAN AFFAIRS (FIJIAN AFFAIRS BOARD) REGULATIONS LETTER OF ACCEPTANCE OF OFFICE (Regulation 24)

I ______of______hereby confirm my acceptance of my appointment as a member of the Fijian Affairs Board in accordance with Regulation 24 of the Fijian Affairs (Fijian Affairs Board) Regulations, 1996.

I pledge that I will be faithful, diligent and honest in the performance of my duties as member of the Board.

Dated the day of 20

MEMBER

WITNESS

DESIGNATION/OCCUPATION

SECTION 5—FIJIAN AFFAIRS (GREAT COUNCIL OF CHIEFS) REGULATIONS 3

3 These Regulations were made on 19th July 1966 and amended by Legal Notices Nos. 17 of 1970, 112 of 1970, Local Government Notice No. 12 of 1971, Legal Notices Nos. 112 of 1974, 1 of 1983. The Regulations were substituted by Legal Notice No. 29 of 1993 and came into force on 7th May 1993 being the date they were published in the Fiji Reoulic Supplement Gazette No. 18 , Friday the 7th May 1993 as provided in section 1 of the 15 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

TABLE OF PROVISIONS REGULATION 1. Short title 2. Interpretation 3. Membership of the council 4. Allowance 5. Resignation, dismissal, etc 6. Disqualification of members of the council 7. Meetings of the council 8. Duties of the council 9. Secretary to the council 10. Reports 11. Revocation

Short title 1. These Regulations are cited as the Fijian Affairs (Great Council of Chiefs) Regulations 2008.

Interpretation 2. In these Regulations, unless the context otherwise requires—

"chief", in the context of a chief of the Island of Rotuma, has the same meaning as the term "District Chief" in the Rotuma Act.

"Council" means the Great Council of Chiefs

Membership of the council 3.—(1) The following provisions apply in relation to the 52 persons prescribed by regulation 2 of the Fijian Affairs (Composition of the Great Council of Chiefs) Regulations 2007 (the "Composition Regulations") to be the appointed members of the Council — (a) the Minister, who is the person prescribed by regulation 2(a) of the Composition Regulations, is hereby appointed to be a member of the Council ex officio; (b) the 42 persons who are prescribed by regulation 2(b) of the Composition Regulations to be members .. representing the chiefs of the 14 provinces shall comprise 3 chiefs from each of the 14 provinces, each of whom shall have demonstrated exemplary leadership in Vanua and in the

Legal Notice. The Regulations were subsequently amended by Legal Notices No.41 of 1999 and No. 38 of 2004. The Regulations were suspended by Legal Notice No. 49 of 2007, pending its review. However, Legal Notice No. 79 of 2007 was subsequently issued as a review to the Council’s Regulations by stipulation the composition of the Council . Therefor since the reason given in Legal Notice No. 49 of 2007 for suspending the Council in was to facilitate the review the Council’s Regulations and Legal Notice No. 79 of 2007 has made such a review, the suspension is deemed to have been lifted.. Similarly by virtue of regulation 3 of Legal Notice No. 79 of 2007, the GCC Regulations were repealed only with regards to numerical numbers of the Council, its membership and copmposition which was provided under Regulation 2 of the Council’s Regulations, hence the said Legal Notice is deemed to have affected and amended only Regulation 2 of the Chiefs Regulations. Consequent of that, the amendments have accordingly been consolidated into the Council’s Regulations. Lastly, the Regulations were revoked and substituted by Gazette Notice No. 238 published in the Extraordinary Gazette vol. 8, No. 12 on Wednesday 13 th February 2008. 16 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

community at large, and shall be appointed by the Minister; (c) the 3 persons who are prescribed by regulation 2(d) of the Composition Regulations to be members representing the chiefs of Rotuma shall each be chiefs of the Island of Rotuma, and shall be appointed by the Minister;

(d) the six persons who are prescribed by regulation 2(c) of the Composition Regulations to be co-opted members shall each be chiefs, and shall be appointed by the Minister.

(2) For an appointment under Regulation 3{1)(b) a chief means a traditional head of the Vanua (Turaga I Taukei) who has been traditionally installed and recorded as such in the Register of Native Landowners administered by the Native Lands Commission.

(3) A member appointed under sub regulation (1)(b), (c) or (d) shall, upon appointment, take the oath of allegiance set out in the Promissory Oaths Act (with necessary modifications) before the President.

(4) An appointment as a member under sub regulation (1)(b), (c) or (d) is for a term of 3 years; and such a member is eligible for re-appointment at the expiry of his term of office.

(5) The Minister shall be the Chairperson of the Council.

(6) Upon an appointment being made under sub regulation (l)(b), (c) or(d), the name of the member appointed shall be published in the Gazette. Allowance 4. A member appointed under regulation 3(1)(b), (c) or (d) is entitled to allowances fixed by the Minister.

Resignation, dismissal, etc 5.— (1) If a member appointed under regulation 3(1)(b), (c)or(d) gives notice in writing of his intention to resign from the Council and the Minister endorses the notice in writing, the member's resignation shall be effective from the date of the Minister's endorsement. (2) The Minister may suspend, dismiss or take disciplinary action against a member appointed under regulation 3(l)(b), (c) or (d) for bringing the Council into disrepute of for any other good cause.

Disqualification of members 6. A person shall not be eligible to be appointed as a member of the Council under regulation 3(l)(b), (c) or (d) if the person— (a) is an undischarged bankrupt;

(b) is under a sentence of imprisonment [by whatever named called];

(c) has, within the 10 years immediately proceeding his appointment—

17 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(i) been released from prison after serving a term of imprisonment of more than 6 months, whether as an in-mate or extra-mural prisoner; or (ii) completed serving/performing a community service order; (d) has at anytime during the immediately preceding 7 years, been— (i) a member of the House Representati,ve[s]; or (ii) a Senator other than a Senator nominated from the Great Council of Chiefs;

(e) is the holder of a public office; (f) has at anytime during the immediately preceding 7 years been— (i) a candidate for election to the House of Representative; or (ii) an office bearer of a political party;

(g) is a person of unsound mind within the meaning of the Mental Treatment Act ; or

(h) is by virtue of his own act under any acknowledgement of allegiance, obedience or adherence to a power or State outside Fiji, including being a citizen or resident of another country.

Meetings 7.—(1) The Council shall meet at least once a year at such time and place as the Minister may appoint by notice in the Gazette. (2) A meeting of the Council held pursuant to a notice under sub regulation (1) may be continued on the day or days following the date specified in the notice without the need for any further notification under that sub regulation (1).

(3) If the Chairperson is unable to attend a meeting of the Council, the members present shall elect a person from among their own number to act as the Chairperson at the meeting.

(4) The quorum of the Council shall be two-thirds of the members.

(5) Decisions of the Council shall be by a majority of the votes of the members present and voting, and if there is an equality of votes, the Chairperson shall have a deliberative vote, in addition to his ordinary vote.

(6) The Minister may invite any person to attend any meeting, and such person may take part in the proceedings of such meeting but shall not be entitled to vote.

(7) The Council may make rules regulating the proceedings at any of its meetings and the mode of conducting its business.

18 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Duties of Council 8.—(1) The duties of the Council are: — (a) to deliberate on issues, policies and draft legislation relating to the rights, interests, health, welfare, peace, order and good government of the Fijian and Rotuman people which the Minister may refer to the Council, and to make recommendations thereon to the Minister; and

(b) to consider any proposals relating to the matters set our in paragraph (a) which a provincial council may submit to the Chairperson at least one month before the opening date of the next meeting of the Council and to make recommendations thereon to the Minister; and

(c) to undertake any other duties or functions imposed on it by the Constitution or any other written law.

(2) The Council may, before taking any decision on any matter— (a) appoint any person or committee consisting of such members of the Council or of co-opted members from outside the Council as it may deem suitable, to consider and report back on such matter; or

(b) refer the matter to any provincial council established under section 7(1) of the principal Act for its consideration and recommendation.

Secretary to the Council 9.— (1) The Minister may appoint a Secretary to the Council. (2) The Secretary shall keep minutes of the meetings of the Council, and shall prepare the reports to be submitted under regulation 10(1). Reports 10.— (1) A report of each meeting of the Council shall be submitted to Cabinet as soon as practicable after the meeting. (2) A report of the business of the Council covering the period of 12 months immediately preceding 31 December of each year and prepared by the Chairman shall be tabled before Parliament as soon as practicable after the completion of the 12 month period.

Revocation 11. The Fijian Affairs (Great Council of Chiefs) Regulations 1993 are revoked.

19 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6—CRIMINAL OFFENCES CODE REGULATIONS4 Regulation of 17th September 1948,

TABLE OF PROVISIONS SECTION Part 1—Preliminary 1. Short title Part 2—Offences and Penalties 2. Endeavouring to prevent marriage, or cohabitation of married persons 3. Care of pregnant women 4. Care of child under two years 5. Neglect to provide for family or dependants 6. Failing to report sickness of child, or to care for child 7. Neglect to send children to school 8. Girl absenting herself from her village 9. Remaining in industrial or closely settled areas 10. Unauthorized medical treatment 11. Assault 12. Theft 13. Receiving stolen property 14. Failing to restore property found 15. Abusive, indecent or threatening language 16. Disorderly conduct 17. Indecent behaviour 18. Adultery 19. Draunikau, kalourere, sorosoro, luveniwai 20. Kerekere, veitauvu, vasu 21. Trespass 22. Careless use of fire 23. Causing fire when no property destroyed 24. Causing fire when property destroyed 25. Malicious injury to property or animal 26. False swearing 27. Obtaining confessions by persons in authority 28. Refusing to aid a constable; assaulting or resisting a constable; escaping from custody 29. Aiding and abetting 30. Assuming a false name 31. Polluting drinking water 32. Killing or taking turtle, turtle eggs or young beche-de-mer. Use of duva 33. Keeping dangerous dogs 34. Distribution of proceeds of sale of communal produce, timber and firewood 35. (Repealed) 36. Offences in connection with alcohol

4 Regulation 2 of the Fijian Affairs (Criminal Offences Code) (Revocation) Regulations, 1967 (see Legal Notice No. 65 of 1967) provides as follows: "2. The Criminal Offences Code is hereby revoked: Provided that this regulation shall not come into force in any province until such date as may be notified by the President by notice in the Gazette." By Legal Notice No. 100 of 1967, regulation 2 came into force on 31 December 1967 in the provinces of Bua, Cakaudrove and Macuata in the Northern Division, Naitasiri, Namosi, Rewa, Serua and Tailevu in the Central Division, and Kadavu in the Eastern Division. By Legal Notice No. 188 of 1970, regulation 2 came into force on 6 February 1970 in the provinces of Lau and Lomaiviti in the Eastern Division. The regulations were to codify the law relationg to criminal offences under the Fijian Affairs Act. They were made through Regulations of 17th September 1948 and were subsequently amended by Regulatrions of 31 March 1950, 10 November 1951, 8 October 1952, 4 November 1954, Legal Notices Nos. 84 of 1955, 103 of 1957, 153 of 1958 . 20 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 1—Preliminary

Short title 1. This Regulation may be referred to as the Criminal Offences Code.

Part 2—Offences and Penalties

Endeavouring to prevent marriage, or cohabitation of married persons 2. Any person who endeavours in any way to prevent the marriage of betrothed persons or the cohabitation of married persons on the ground of non-performance or non-completion of the customary presentations and observ- ances on marriage shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Care of pregnant women 3.—(1) It shall be unlawful for a husband whose wife is pregnant or for any male relative in whose charge any pregnant woman is to order her to enter into any water for the purposes of fishing or to order her to weed, plant or carry food, firewood or water, and any such husband or relative contravening the provisions of this subsection shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month. (2) It shall be unlawful for a woman who is pregnant or is the mother of a child under six months old to enter into or be found in any water for the purposes of fishing and any such woman shall be liable on conviction to a fine not exceeding $2 and in default to plait mats of equivalent value.

Care of child under two years 4. It shall be unlawful for any mother to place her child in the care of relatives or friends during the first two years of the child's life without first obtaining the roko's written consent (which shall not be unreasonably withheld) or a certificate from a Government medical officer certifying her as being incapable through infirmity or illness of properly caring for the child.

Penalty If any such mother contravenes the provisions of this section she shall be liable on conviction to a fine of $10 and in default to imprisonment for any period not exceeding one month and for a second or any subsequent offence to imprisonment for any period not exceeding three months.

Neglect to provide for family or dependants 5.—(1) Any male liable by any law or custom to provide for, protect and maintain his wife, child, family, elder or young person under his protection or guardianship, guidance or control, who without reasonable cause neglects or refuses so to do shall be liable on conviction by a Provincial Court to be ordered to pay such periodical sum or sums as the court shall, having regard to the means of the person so convicted consider reasonable for the maintenance of the wife, child or other person neglected. The court shall have power to order that such periodical sum or sums shall be paid to the wife or to such other person as shall have maintained her or the child or other person neglected. If the person so convicted shall make default in the payment of any such periodical sum or sums ordered to be paid as aforesaid he shall be liable for each such default to be imprisoned for such period not exceeding three months as the court shall at the time of the making of the order direct: Provided that no such person shall be committed to prison for any such default unless a magistrate of the Court is satisfied that such person has had the means to pay the sum in respect of which default is made and has refused or neglected to do so. (Amended by Regulation of 10th November 1951; Legal Notice No.84 of 1955; 103 of 1957.) 21 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(2) The Court may upon the application of any person affected by any such order and upon cause being shown upon fresh evidence to the satisfaction of the Court, at any time vary, suspend or discharge any such order. (Inserted by Legal Notice No.84 of 1955.) (3) Any person upon whom by law or custom the duty is cast to take care that such provision, protection or maintenance is made or afforded who neglects that duty shall be liable on conviction by a Provincial Court to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Failing to report sickness of child 6.—(1) Any parent or guardian who without just cause fails or neglects to report promptly the sickness of his child to the turaga ni koro or to the buli or to the Government medical officer or to the nurse shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month. (2) Any person over the age of eighteen years having the custody charge or care of any child who fails to care for or neglects or treats such child in a manner likely to cause suffering or injury, or without lawful excuse fails to remove such child to a hospital when so directed by a Government medical officer or a nurse, or removes or causes the removal of child from hospital contrary to the advice of the Government medical officer in charge, shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months. (3) For the purposes of this section "child" means any person who is under the age of seventeen years. (Amended by Regulation of 10th November 1951.)

Neglect to send children to school 7. Every child between the ages of six and fourteen shall attend school and any parent or guardian who without just cause refuses or neglects to keep his child in regular attendance at school shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months. (Amended by Regulation of 8th October 1952.)

Girl absenting herself from her village 8. Any unmarried girl under eighteen years of age absenting herself from her village without the consent of her parents or the person under whose control she is according to Fijian custom may be arrested on warrant and taken before a magistrate who may order her to be returned in safe custody to her home. Upon conviction for a second or any subsequent offence the court, in addition to ordering her be returned to her home, may impose a fine not exceeding $2 and in default imprisonment for any period not exceeding seven days.

Remaining in industrial or closely settled areas 9.—(1) It shall be unlawful for any person to remain longer than seven days in an industrial or closely settled area except such persons as— (a) are registered in the Register of Native Lands as native land owners therein; or (b) have been bona fide residents in such area for the past five years; or (c) are in permanent employment therein. Any person contravening the aforesaid provision is liable to be served with a written notice, issued under the authority of the Secretary for Fijian Affairs, to depart from such area within twenty-four hours and return to the village of which he is a native or to the village where he has resided for the past five years. (2) No person shall return to any such area aforesaid without the permission in writing from the buli of the tikina or the roko of the province in which he is normally resident as aforesaid. (3) Any person failing to comply with the provisions of this section shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and for any subsequent offence to 22 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs imprisonment for any period not exceeding three months. (4) For the purpose of this section the following shall be deemed to be industrial or closely settled areas—

Ba (a) the area within a radius of one mile and a half of the Post Office; (b) the area within a radius of three miles of the Labasa Post Office, Nasea;

Lautoka (c) the area within a radius of three miles of the Post Office; Lawaqa (d) the area within a radius of two miles of the Lawaqa Court House; (e) the area within a radius of two miles of the Levuka Post Office, ; (f) the Tikina of Nadi (including the airport area); (g) the area on the left bank of the Rewa river within a radius of two miles of the Nausori Post Office; Navua (h) the area within a radius of two miles of the Navua Court House, Naitonitoni; Rakiraki (i) the area within a radius of two miles of the junction of the Vaileka Road and the King's Road; (j) the Tikina of Suva and that portion of the Tikina of Naitasiri lying on the right bank of the Waimanu river; Tavua (k) the area within a radius of seven miles of the Tavua Post Office (including the gold mines); Tailevu (l) the area within a radius of two miles of the Korovou Post Office, Tailevu. (Amended by Regulations 31 March 1950; 4 November 1954.)

Unauthorized medical treatment 10. It shall be unlawful for any person not registered as a Government medical officer or nurse to administer drugs or herbs to a sick person or to perform any operation whatsoever on any person. Any person contravening the provisions of this section shall be liable on conviction to a fine of $50 and in default to imprisonment for any period not exceeding three months and for a second or any subsequent offence to imprisonment for any period not exceeding six months.

Assault 11. Any person who assaults or beats any other person shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Theft 12. Any person who commits theft of or in respect of any property not exceeding in the opinion of the court the value of $20 shall be liable on conviction to imprisonment for any period not exceeding two months or to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Receiver of stolen property 13. Any person who receives property not exceeding in the opinion of the court the value of $20 well knowing the same to have been stolen shall be liable on 23 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs conviction to imprisonment for any period not exceeding two months or to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Failing to restore property found 14. Any person who finds any property which does not belong to him and fails to restore the same to the owner thereof or, if the owner be unknown to him, to report the same to the nearest turaga ni koro shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for one month and may be ordered in addition to restore the property to the owner.

Abusive, indecent or threatening language 15.—(1) Any person who makes use of any abusive, indecent or threatening language in any place to the annoyance of anyone or by reason whereof an assault may be committed, or any person may fear that an assault may be committed, shall be liable on conviction to imprisonment for any period not exceeding two months or to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months. (2) Any person who repeats any such language where the repetition is in the opinion of the court likely to cause an assault to be committed or any person to fear that an assault may be committed shall be liable on conviction to a fine not exceeding $10 or to imprisonment for any period not exceeding one month. (3) Whosoever shall spread any evil and untrue report about any person, which may cause such person to suffer in reputation, shall be liable on conviction to a fine not exceeding $10 or to imprisonment for any period not exceeding one month.

Disorderly conduct 16. Any person who in any public place conducts himself in a disorderly manner shall be liable on conviction to a fine not exceeding $4 and in a default to imprisonment for any period not exceeding fourteen days.

Indecent behaviour 17. Any person who behaves before any person or persons in an indecent manner shall be liable on conviction to imprisonment for any period not exceeding two months.

Adultery 18.—(1) Any man who upon the complaint of the husband is found guilty of adultery with the wife of that husband shall be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months, or to imprisonment for any period not exceeding three months. (2) Any husband who commits adultery shall upon the complaint of his wife be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months, or to imprisonment for any period not exceeding three months. Draunikau, kalourere, sorosoro, Iuveniwai 19. Any person who practices or who assists in the practice of the rites known in the Fijian language as draunikau, or kalourere, or sorosoro, or luveniwai, or any other similar rite with whatsoever object shall be liable on conviction by a Provincial Court to imprisonment for any period not exceeding six months and, in the case of a male, to a whipping not exceeding ten lashes: Provided that, if during or after the hearing of any complaint relative to the practice of draunikau or kalourere, or sorosoro and before judgment is given, the court is of opinion that the offence cannot be adequately punished as in this section provided, the court shall thereupon deal with the matter of the complaint in all respects as with charges of the commission of offences triable before the High Court.

24 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Kerekere 20.—(1) It shall be unlawful for any person to acquire, receive or carry away any money or property exceeding the value of 50 cents by exercising the custom known by the Fijian term kerekere. Any person convicted of this offence, upon information laid by the buli of the tikina in which such offence was committed or by a constable shall be liable to a penalty not exceeding $10 for the first offence and in default to imprisonment for any period not exceeding one month, and for a second or any subsequent offence to imprisonment for any period not exceeding three months. (2) Whosoever takes, carries away or receives any money or property by exercising the right to acquire the same derived from the relationships known by the Fijian terms veitauvu and shall be guilty of an offence. Any person convicted of this offence, upon information laid by the buli of the tikina in which such offence was committed or by a constable, shall be liable to imprisonment for any period not exceeding two months for the first offence, and for a second or any subsequent offence to imprisonment for any period not exceeding six months. Any money or property so acquired shall, where such property has not been consumed, transferred, sold or destroyed, be returned to the legal owner thereof by an order of the court.

Trespass 21. Any person who persists in coming or remaining on any plantation, garden, village, land or premises after being warned not to come thereon or to depart therefrom, shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month.

Careless use of fire 22. Any person who carelessly or improperly carries or uses any lighted or inflammable substance shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month.

Causing fire when no property destroyed 23. Any person who by his negligence causes a fire shall, when no property is destroyed, be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months.

Causing fire when property destroyed 24. Any person who by his negligence causes a fire whereby any property is destroyed shall be liable on conviction to a fine not exceeding $100 and in default to imprisonment for any period not exceeding six months. The court shall have power to order that the whole or part of the fine be paid to the owners of the property destroyed.

Malicious injury to property or animal 25. Any person who unlawfully and maliciously commits any damage to any property whatsoever or maliciously injures any animal, the value of either of which in the opinion of the court does not exceed $20, shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and the court may in addition order the offender to make compensation for the damage.

False swearing 26. Any person who in any proceedings before a court swears falsely to any matter or thing, knowing the same to be false; shall be liable on conviction by a Provincial Court, upon the testimony of two or more credible witnesses, to imprisonment for any period not exceeding six months.

Obtaining confessions by persons in authority 27. If by the use of any force, detention, ill-treatment or threat thereof, or by any other means which in the opinion of the court is oppressive or is likely to put another in any fear, or if by any promise, favour, benefit or any like inducement any chief, Fijian official, constable or other Fijian in authority endeavours to obtain from any person suspected of having committed any offence such person's 25 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs confession of guilt or statement of any kind relative to the matter whereof he is suspected, such chief, Fijian official, constable or other Fijian in authority shall be liable on conviction by a Provincial Court to imprisonment for any period not exceeding six months.

Refusing to aid a constable 28.—(1) Any person refusing to aid or assist any constable when called upon by him so to do shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months. (2) Any person who assaults or resists, or wilfully obstructs any constable acting in execution of any duty shall be liable on conviction to a fine not exceeding $50 or to imprisonment for any period not exceeding three months or to both imprisonment and fine. (3) Any person who, being in lawful custody, escapes from such custody shall be liable on conviction to a fine not exceeding $50 or to imprisonment for any period not exceeding three months or to both imprisonment and fine. (Inserted by Regulation of 10th November 1951.)

Aiding and abeting 29. Every person who aids, abets, advises or causes another to commit any offence shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after that offender's conviction, and shall also be liable on conviction to the same penalties and punishments and to make the same payments as those to which the principal offender is liable on conviction, and he may be proceeded against and convicted either in the tikina or province where the principal offender committed the offence or in that in which the offence of aiding, abetting, advising or causing the commission of an offence took place.

Assuming a false name 30. If, for the purpose of evading any lawful tax or rate or levy or any other legal obligation whatsoever, any person assumes any other name than that by which he has been recorded in the Register of Births or the Register of Native Lands, such person shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Polluting drinking water 31. Any person who discharges any filth or foul water or bathes or washes his clothes in, or otherwise defiles or pollutes any water used for drinking, shall be liable on conviction for the first offence to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and for a second offence to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months, and for any subsequent offence to imprisonment for any period not exceeding six months and, in the case of a male, to a whipping not exceeding ten lashes.

Killing or taking turtle, turtle eggs or young beche-de-mer 32. No person shall— (a) during the months of January, February, November or December in any year, kill, take or in any way molest any turtle; (b) at any time dig up, use, take or destroy any turtle eggs or kill, take or in any way molest any turtle, the shell whereof is less than eighteen inches in length; (c) at any time shoot or spear any turtle; (d) take or use such young beche-de-mer as are generally found on shallow reefs; or (e) take, stupefy or kill any fish by the use of the plant known as duva or place such plant in any fishing water for the purpose of taking, stupefying or killing any fish. 26 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Any person contravening any of the preceding provisions shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months. (Amended by Regulation of 10th November 1951.)

Keeping dangerous dogs 33. Any person who keeps any dangerous dog or who, after direction given to him by the magistrate or by the buli, refuses or neglects to destroy a dangerous dog shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and the court making the conviction shall order the dog to be destroyed.

Distribution of proceeds of sale of communal produce, timber and firewood 34. The turaga ni koro of any village shall pay the total proceeds of the sale of communal produce or of timber or firewood cut for communal purposes by licence holders, being inhabitants of such village, to the buli who shall distribute such proceeds to and on behalf of the persons concerned in such manner as the tikina council may approve, subject to prior deduction from such proceeds of the amount of any rates or communal levies owing by the inhabitants of such village. If any turaga ni koro fails to pay all or any such proceeds as aforesaid, he shall be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months.

35. Repealed by Legal Notice No.103 of 1957

Offences in connection with alcohol 36. Any person who makes or consumes or is found in possession of any alcoholic liquor, or who is found in possession of any materials for making any alcoholic liquor, not being alcoholic liquor brewed or distilled beyond and imported into the Fiji Islands nor alcoholic liquor lawfully brewed or distilled within the Fiji Islands, shall be liable on conviction to a fine not exceeding $50 or to imprisonment for any period not exceeding three months or to both imprisonment and fine. (Inserted by Regulations of 10th November 1951, r. 6 and amended by Legal Notice No.153 of 1958.)

SECTION 6—FIJIAN AFFAIRS (APPEALS) REGULATIONS 5 Regulations of 17th September 1948

TABLE OF PROVISIONS REGULATION Part 1—Preliminary

1. Short title Part 2—Criminal Matters Division 1—Appeals from Tikina Courts 2. When appeal lies 3. Notice of appeal

5 These Regulations were made through Regulations of 17th September 1948 and were subsequently amended by DecreeNo. 35 of 1989; Chapter 9 of Act No. 13 of 1997

27 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

4. Membership of appeal court 5. Where appellant is in custody. Recognizance to prosecute 6. Appeal from Tikina Court. Powers of court of appeal Division 2—Appeals from Provincial Courts (Criminal Jurisdiction)

7. When appeal lies 8. Information to defendant of right to appeal 9. Appeal 10. Recognizance and suspension of sentence pending appeal 11. Recognizance or security to be taken 12. Certified copy of proceedings 13. Notice of hearing 14. Breach of recognizance 15. Sentence where appeal dismissed 16. Extension of time 17. Application of Criminal Procedure Code

Part 3—Civil Matters—Appeals From Provincial Courts (Civil Jurisdiction)

18. When appeal lies 19. Case stated 20. Notice of grounds of appeal 21. Preparation and transmission of the record 22. Notice of date of hearing 23. Fees 24. Employment of legal practitioners

Schedule—Forms

Part 1—Preliminary

Short title 1. These Regulations may be referred to as the Fijian Affairs (Appeals) Regulations. Part 2—Criminal Matters

Division 1—Appeals from Tikina Courts

When appeal lies 2. An appeal shall lie from a Tikina Court to the Provincial Court— (a) when the amount adjudged to be paid exceeds the sum of $2; (b) when a person has been adjudged as a punishment for an offence, in default of payment of a fine, to be imprisoned for a term exceeding seven days; or (c) when a person has been adjudged as a punishment for an offence to be imprisoned without the option of a fine: Provided that no appeal shall lie in the case of an accused person who has pleaded guilty and been convicted of on such plea, except as to the extent and legality of the sentence.

Notice of appeal 3.—(1) Notice of appeal from the decision of a Tikina Court shall be given orally or in writing within seven days of such decision, and the notice of appeal shall operate to suspend the execution of the decision until the case has been determined by a Provincial Court. 28 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(2) The Commissioner of the Division in which the conviction took place shall have power to extend the time appointed by these Regulations for giving notice of appeal upon such terms, if any, as the justice of the case may require. (3) The following fee shall be charged and taken after giving notice of appeal:— For hearing any appeal from a Tikina Court (this fee is to be paid to the Tikina Court at the time of giving notice of appeal) ...... 10c.

Membership of appeal court 4. The magistrate of the Tikina Court from whose decision an appeal has been entered shall not be a member of the Provincial Court in its appellate jurisdiction.

Where appellant is in custody. Recognizance to prosecute 5. Where the appellant is in custody the Tikina Court shall bind him over in recognizance according to Form 1 to appear at the next sitting of the appeal court. The date of the sitting of such court shall be notified to the appellant. (Form 1) Appeal from Tikina Court. Powers of court of appeal 6. Upon the hearing of the appeal the Provincial Court may confirm, reverse or modify the decision of the Tikina Court or make such order in the matter as the court may think just, and may by the order exercise any power which the Tikina Court might have exercised and the order shall have same effect and shall be enforced in the same manner as if it had been made by the Tikina Court.

Division 2—Appeals from Provincial Courts

(Criminal Jurisdiction)

When appeal lies 7. An appeal on a matter of fact as well as of law shall lie to the High Court from a decision of the Provincial Court in the exercise of its original criminal jurisdiction— (a) when the amount adjudged to be paid exceeds in the aggregate the sum of $20 exclusive of any costs; or (b) when a person has been adjudged as a punishment for an offence to be imprisoned without the option of a fine: Provided that the order for imprisonment was not made as the alternative for failure to find sureties or for not entering into a recognizance, and provided further that no appeal shall lie in the case of an accused person who has pleaded guilty and has been convicted on such plea, except as to the extent and legality of the sentence.

Information to defendant of right to appeal 8. Upon giving a decision in any case from which an appeal lies the court shall inform the defendant of his right of appeal and may explain to him the manner and condition of so doing as prescribed by these Regulations.

Appeal 9.—(1) Within seven days of such decision the defendant may give notice to the court and to the person making the charge of his desire to appeal therefrom and of the grounds of appeal, and a magistrate of the court shall draw up the notice of appeal in Form 2 and sign the same.

(Form2) (2) The following fees shall be charged and taken on giving notice of appeal:—

For preparing notice of appeal ...... 20c For making up record for the High Court...... 20c

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Recognizance and suspension of sentence pending appeal 10.—(1) Where the appeal is against conviction or sentence and the appellant is not in custody, the sentence or order appealed against shall, on the appellant entering into such recognizance or giving such other security as is provided hereunder, be suspended pending the determination of the appeal. (2) Where the appellant is in custody and has entered into such recognizance or given such other security as is provided in regulation 11, the court may, if it thinks fit, release the appellant from custody pending the determination of the appeal. (3) Unless the recognizance or security as provided for hereunder is given as prescribed, the decision appealed from may be executed as though no appeal lay therefrom.

Recognizance or security to be taken 11. The appellant shall within three days after giving notice of appeal enter into a recognizance in Form 3 before the court or a magistrate thereof, with or without a surety or sureties as may be directed, conditioned to appeal before the High Court and to prosecute the appeal and to abide the judgment of the High Court thereon; or, if the court thinks it expedient, the appellant shall instead of entering into recognizance give security by payment into court of a sum not exceeding $20 for the fulfilment of the aforesaid conditions. (Form 3)

Certified copy of proceedings 12.—(1) Upon the prescribed fees being paid and the required recognizance or security being taken, three copies of the record consisting of the charge and of the evidence given on the hearing thereof, and of the judgment of the court thereon and of the notice of appeal shall be made by a magistrate of the court and one copy of the record aforesaid shall be certified by him to be a true copy. (2) Any part of the record which has been written or given in evidence in the Fijian language shall be translated into English and certified by the person making the translation as having been truly and faithfully translated. (3) The certified copy of the record shall as soon as possible after it has been made, be forwarded together with the original notice of appeal to the Registrar of the High Court. The other two copies of the record shall be delivered to the appellant and to the Legal Adviser to the Board respectively by the magistrate of the court which convicted the appellant.

Notice of hearing 13. The Registrar of the High Court shall forward to the presiding magistrate of the Provincial Court for service on the appellant and to the Legal Adviser to the Board notice of the time and place at which the appeal will be heard.

Breach of recognizance 14. Upon the breach of any condition of a recognizance entered into under the provisions of these Regulations, the penalty for the same may be enforced by the court taking it in the manner prescribed by regulation 37 of the Fijian Affairs (Courts) Regulations.

Sentence where appeal dismissed 15. If the appeal is ultimately dismissed and the original sentence confirmed or some other sentence substituted therefor, the time during which the appellant has been released from custody shall be excluded in computing any term of imprisonment to which he may finally be sentenced.

Extension of time 16. The High Court may at any time for good cause enlarge the periods of 30 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs time prescribed by regulations 9 and 11.

Application of Criminal Procedure Code 17. Sections 308 to 342 (inclusive) of the Criminal Procedure Code shall not apply to appeals from Provincial Courts.

Part 3—Civil Matters-Appeals from Provincial Courts (Civil Jurisdiction)

When appeal lies 18. An appeal shall lie to the High Court from any final judgment or order of a Provincial Court in the exercise of its original civil jurisdiction where the sum of money or value of the subject matter in dispute does not exceed $100.

Case stated 19. In addition to and without prejudice to the right of appeal conferred by regulation 18, a Provincial Court may state a case, and submit the same through the Clerk of the Board, on any question of law which may arise during the trial of any case, for the opinion of the Legal Adviser to the Board who shall have power to determine with or without hearing argument any such question.

Notice of grounds of appeal 20. An appellant shall, within seven days of the day on which the decision appealed against was given, give to the respondent and to the presiding magistrate of the Provincial Court notice in writing of his intention to appeal specifying the grounds of his appeal.

On and transmission of the record 21.—(1) Within seven days from the filing of the notice and grounds of appeal the Provincial Court shall make up three copies of the record of appeal which shall consist of the writ of summons, the pleadings, if any, all documents admitted as evidence or tendered and rejected as evidence, the notes of evidence, the judgment or order of the court and the grounds of appeal. (2) Any part of the record which is written in the Fijian language shall be translated into English and certified by the person making the translation as having been truly and faithfully translated. (3) One copy of the record certified as a true copy by a magistrate of the Provincial Court shall be forwarded to the Registrar of the High Court. The other two copies shall be available for the appellant or respondent respectively on application and at the cost of the person applying.

Notice of date of hearing 22. The Registrar of the High Court shall forward to the legal practitioner of the parties if known or if not known to the presiding magistrate of the Provincial Court for service by the Provincial Court on both the appellant and the respondent notices of the time and place at which the appeal will be heard. The Provincial Court serving such notices shall forward to the Registrar of the High Court affidavits of service of such notices on the respective parties in time to arrive not later than the day fixed for hearing of the appeal.

Fees 23. The following fees shall be paid by the party and to the court indicated below provided that the court to whom the fees are payable may remit all or any of the fees on account of the poverty of any part or for other sufficient reason.

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To be No. Item Fee paid by To be paid to

$ c 1. Filing notice of inten 1.00 appellant. Provincial Court for tion and grounds of transmission to High appeal. Court with the record. 2. On every bond or de- 0.50 appellant. Court ordering posit for security for security. costs. 3. For copy of record for 0.05 appellant. Provincial Court mak- use of High Court ing copy. for each 100 words or part of 100 words.

32 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

To be No. Item Fee paid by To be paid to $ c 4. For copy of record for 0.05 party Provincial Court mak- use by appellant or applying ing copy. respondent for each for copy. 100 words or part of 100 words. 5. On hearing an appeal. 4.00 appellant. Provincial Court for transmission to High Court with the record. 6. For a copy of any 0.05 party HighCourt. judgment or order applying. of the High Court made on appeal for every 100 words or part of 100 words.

Employment of legal practitioners 24. The provisions of regulation 8 of the Fijian Affairs (Courts) Regulations shall apply to all proceedings under these Regulations.

Schedule

FORM 1

RECOGNIZANCE TO PROSECUTE APPEAL FROM TIKINA COURT (Regulation 5)

In the Tikina Court of I, [name of appellant] the undersigned acknowledge myself to the State the sum of if I fail in the condition hereon indorsed. Magistrate (Signature of appellant) Taken before me the day of , 20

CONDITION The condition of this recognizance is such that if [name of appellant] appears before the next Provincial Court for the province of and then and there prosecutes an appeal against the decision of this Court in the case of [name of plaintiff] against [name of defendant] and abides by the order of the said Court upon the hearing of the said appeal, then this recognizance shall be void, but otherwise shall remain in full force.

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FORM 2

NOTICE OF APPEAL FROM A PROVINCIAL COURT

(Regulation 9)

In the Provincial Court of To the Registrar of the High Court. The day of , 20 . [Name of appellant] of [address] has this day given notice to this Court and to [name of person making charge] of [address] that he appeals from a decision of this Court given on the day of , 20 , in the case of [name of person making charge] against [name of person charged] on the following grounds: [here state the grounds of appeal]. A Magistrate of the Court. [When the recognizance or security has been taken the Magistrate taking the same shall sign the following:—] I [name of Magistrate] hereby certify that [name of appellant] the above-named appellant has entered into the recognizance prescribed by the Fijian Affairs (Appeals) Regulations (or has given sufficient security in the matter of his appeal). Dated this day of , 20 . A Magistrate of the Court

FORM 3

RECOGNIZANCE TO PROSECUTE APPEAL FROM PROVINCIAL COURT (Regulation 11)

In the Provincial Court of [Name of appellant] of [address] and [name of surety or sureties] of [address] acknowledge that he or they severally owe to the State the sum of to be paid by him or them or one of them if the said [name of appellant] shall fail in the condition hereof. (Signature(s) of appellant and surety or sureties) Taken before me this day of , 20 . A Magistrate of the Court

CONDITION The condition is that if the said [name of appellant] shall appear before the High Court on such day and at such place as shall be appointed and try his appeal against a decision of the Provincial Court of [name of province] given on the day of , 20 , and abide the judgment of the High Court on the hearing of the appeal then this recognizance shall be void but otherwise shall remain in full force.

34 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6—FIJIAN AFFAIRS (BOUNDARIES) REGULATIONS 6 Regulations of 30th July 1966,

TABLE OF PROVISIONS REGULATION 1. Short title 2. Provinces and tikina

Schedule—Description of Boundaries

Short title 1. These Regulations may be cited as the Fijian Affairs (Boundaries) Regulations.

Provinces and tikina 2. Fiji is divided into the provinces and tikina specified and described in the Schedule.

Schedule

1. PROVINCE OF BA The Province of Ba shall comprise all that portion of the island of bounded by a line running from the north coast of Viti Levu at the north western most corner of Nasoro Native Grant on the south eastern side of Tavua Bay; thence south and westerly for a distance of approximately 58 miles to Korodranidole No. 2 earth mound; thence southerly for a distance of 11 miles to Nadevo earth mound; thence westerly for a distance of approximately 24 miles to the western most corner of Nacobi Freehold on the west coast of Viti Levu; thence by the sea coast northerly and easterly to the point of commencement; together with the small island adjacent thereto and the island of Kadavulailai, Lutuka, Malamala, Nawaqarua, , Vunavadra, Yakuilau and the Group of islands and the small islands adjacent thereto. The whole of such area being more particularly delienated and edged red on plans PP. 442 deposited in the office of the Ministry of Fijian Affairs. Suva; Commissioner Western . Lautoka; Provincial Office. Ba; Provincial Office. Ra.. (Substituted by Legal Notice No. 36 of 1991 s. 3.1 )

6 These Regulations were made through Regulations of 30th July 1966 and were subsequently amended by Legal Notices No. 169 of 1978, 36 of 1991 and No.15 of 1992

35 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(a) THE TIKINA OF BA The tikina of Ba shall comprise that portion of the province of Ba bounded by a line running from Nararaqata earthmound on the sea coast near Vatutavui village. Thence southerly for a distance of approximately 16 miles to the northernmost corner of Namau freehold. Thence south westerly for a distance of approximately 19 miles to Natodra No. 1 earthmound. Thence northerly for a distance of approximately 11 miles to Malosewa earthmound on the sea coast. Thence following the sea coast generally north easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Nanuya and Nawaqarua and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P.5 deposited in the office of the Director of Lands.

(b) THE TIKINA OF MAGODRO The tikina of Magodro shall comprise that portion of the province of Ba bounded by a line running from Natodra No. 1 earthmound southerly for a distance of approximately 24 miles to Namako No. 1 earthmound. Thence easterly for approximately 21 miles to the junction of Nabunimedre creek and the Lavevatu creek. Thence northerly for approximately 24 miles to the northernmost corner of Namau freehold. Thence south westerly for a distance of approximately 19 miles to the point of commencement. The whole of such area being more particularly delineated and edged in blue on Plan P.P.5 deposited in the office of the Director of Lands.

(c) THE TIKINA OF NADI The tikina of Nadi shall comprise that portion of the province of Ba bounded by a line running from the westernmost corner of Nacobi freehold on the sea coast. Thence south easterly for a distance of approximately 6 miles to Naqarakawa earthmound. Thence north easterly for a distance of approximately 23 miles to Nagado earthmound. Thence westerly for a distance of approximately 9 miles to the mouth of the Sabeto river at the sea coast. Thence following the sea coast south westerly and southerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Malamala and Yakuilau. The whole of such area being more particularly delineated and edged in brown on Plan P.P.5 deposited in the office of the Director of Lands.

36 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(d) THE TIKINA OF The tikina of Naviti shall comprise that portion of the province of Ba, consisting of the islands of Drawaqa, , Nanuyabalavu, Narara, Naukacuvu, Naviti, Vatu, Viwa, Waya and Wayasewa. Together with the small islands adjacent thereto. The whole of such area being more particularly delineated and edged mauve on Plan P.P.5 and P.P.6 deposited in the office of the Director of Lands.

(e) THE TIKINA OF NAWAKA The tikina of Nawaka shall comprise that portion of the province of Ba bounded by a line running from Nagado earthmound easterly for a distance of approximately 14 miles to Korodoko Trigonometrical Station. Thence south easterly for a distance of approximately 30 miles to Nasita earthmound. Thence westerly for a distance of approximately 15 miles to Naqarakawa earthmound. Thence north easterly for a distance of approximately 23 miles to the point of commencement. The whole of such area being more particularly delineated and edged in sepia on Plan P.P.5 deposited in the office of the Director of Lands.

(f) THE TIKINA OF TAVUA The Tikina of Tavua—The district of Tavua shall comprise a portion of the Province of Ba. on the island of Viti Levu and following adjacent islands; Coboyavu, Laulaudrau. Launiu, Lotonikoro, Manava, Naboginivalu, Nabunawaidui. Nacoro, Nadomonibelo, Naikodro, Nailavanisarau, Naisogoraki, Naisogosalusalu, Naitavutavuniciva, Nakase. Nakoroni-yalewa, Nalesi, Namatautiti, Nagataboto, Nagaucia, Naqelenisilasila, Nasivatu, Natabuivalu, Navalenidri, Navanuacebo, Naveisebua. Navuavuabalavu, Nosi, Nukuivovo, Nukulevu, Nukumasevu. Tavuca, Vale-wataliga, Vatialailai, Vatubuli, Vatulelekitoga, Vawe, Vuninokonoko, Vutuna, Waidulumi, Wainitavua. and Yasawa. Limits and Boundaries—Commencing at the mouth of the Yaqara or Dinibula River on the sea coast in Tavua Bay thence along the said river upstream (the said river being the mutual boundary of Nasoro Native Grant NG. 113 and Naisara or Yaqara State Grant CG. 1062) to a point on its left bank (the said point being the southern most extremity of Naisara or Yaqara State Grant) thence leaving the said bank by a direct line southerly following the western boundary of the Nasoro Native Grant crossing the Navibaba stream and passing through Nakorokase, Vatukau to Cobota Trigonometrical Station thence descending easterly and south easterly to Namadra thence by a direct line and still following the boundary of the said Native Grant crossing the Vitivanua stream to Nadolodolo on the left bank of the Dolodolo stream thence following up the said stream till it becomes the Matasasa Stream thence following up the Matasasa Stream to Matasasa on a low spur thence south westerly in a direct line passing through Piabo, Delai-matakolele. Matamata ko Tutunavokai (BQ) on a high ridge thence south westerly following that ridge to Korolevu thence south westerly following a ridge to Korolevu Trigonometrical Station (beacon) thence north westerly following that ridge and passing through Vutogoli, Korolevuiqele and Naibunibuni to Navugavuga thence northerly a distance of about seven and half chains to the southern corner of Qeledradra State Grant 1084 on a high spur thence north westerly following the south western boundary of the said State Grant descending to the Waisai creek and crossing that creek and following the south western boundary of Nakauvuli State Grant 1070 to Drumasi Trigonometrical Station at the eastern corner of Yaladro State Grant 1269 thence south westerly following the south eastern boundary of Yaladro to State Grant 1269 to Kaugete at the northern corner of Sukualaki Native Grant No. 92; thence south easterly following the north eastern boundary of Sukualaki Native Grant to its junction with the left bank of the Mataitunada stream; thence following down left bank of said stream to its confluence with the Rarakavidi stream; thence following down the left bank of the

37 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Rarakavidi stream; crossing the government road from Nadarivatu to Tavua to the Wainivoce creek; thence following left bank of said creek downstream to a point on its left bank opposite the south eastern corner of Sukualaki Native Grant; thence southerly leaving the Wainivoce creek by a direct line to Viakuvi on a hill; thence by a direct line south westerly passing through Nubutikainakenacalevu to a point on the right bank of the Nasivi River about three chains south west of Nubu- tikainakenacalevu; thence south easterly following up the right bank of the Nasivi River to its junction with the Vunivesi River and the Wai-kubukubu River at Waikubukubu; thence southerly following the Vunivesi River to the mouth of the Wainivesi creek; thence continuing in a southerly direction following up said creek to Nakoseva; thence south westerly ascending by a direct line to Soronabula I.P and stones on a ridge; thence westerly by a direct line crossing the Nasau creek and des- cending to Nualevu I.P and stones on a spur; thence north westerly by a direct line crossing over the Vunavere, Tikosasiu and Taukolutu creeks to Nasoqo creek to Sonabilo I.P on a ridge; thence westerly by a direct line crossing over a small creek to Delainalali I.P on a ridge; thence westerly by a direct line crossing over the Nubunisona creek and a small creek to Vukawa; thence in a similar direction by a direct line crossing the Botewa creek to Nasolo I.P on a ridge; thence by a direct line south westerly crossing a small creek and the Matekonaka creek to Tagane I.P on a ridge; thence south easterly by a direct line crossing the Tabuyau creek twice to Matekonaka on the Koroboya-Nadarivatu main road; thence southerly direct to Savulovu on a ridge; thence southerly direct to Nailito; thence south easterly and south westerly following along ridge to Tibitibinadavuikai on a ridge; thence southerly by a direct line crossing the Nabati creek to Buredamu on a ridge; thence southerly by a direct line to Delai on a ridge; thence southerly by a direct line to Vatunilele on a spur; thence south westerly by a direct line crossing the Saravalo creek to Vatukina on a ridge; thence descending westerly to Draunisaulaki on the Wainamonamo creek; thence north westerly following the Wainamonamo creek upstream to the mouth of the Togosai creek; thence following the Togosai creek upstream to its source and ascending westerly to Viakuvi or Tokokutadradra on a ridge; thence by a direct line west south westerly crossing the head branches of the Mala creek to Namosi or Nakula on a high ridge; thence by a direct line westerly crossing the Namosi creek and a ridge to Tukunawa on the Saqunu creek; thence by a direct line north westerly ascending to Koroivatubuli Trigonometrical Station on the eastern boundary of Namau Freehold (NG. 160); thence following the Namau Freehold north easterly to Koronareba; thence north westerly along Namau Freehold passing Tadrakosira, Rara, Koro-sina, Raradromodromo, to the most northern corner of Namau Freehold (Tikina Ba); thence following a ridge northerly passing Nabituku-sakusa and Launavuga Trigonometrical Station to Vatucukinoso; thence descending easterly to the source of the Nagasau creek and following the Nagasau creek downstream to Natokolo on the right bank; thence by a line northerly ascending to Tekenakoro or Natokolo on a ridge; thence following the ridge easterly passing Korocubucubu Trigonometrical Station and Vatuniyaqona to the most western corner of Tovatova Freehold (CG. 1144); thence following the western boundary of the Tovatova Freehold north easterly to Delainalili Trigonometrical Station meeting the southern corner of Koro and Freehold (NG. 163); thence following the southern and western boundary of Koro 2 Freehold westerly and northerly passing Korodruga or Dagani to Vatuvirivirikia on a ridge; thence following the ridge westerly passing Lovolovoni- tabakau, Yanesaqa and Bukaniwakoka to Cibicibinacagi I and north westerly along the ridge passing Vatukoka, Vasavuru Trigonometrical Station and Nasauniwaqa to Navadratikaievoto the south western corner of Nasivi Freehold (CG. 1089): thence by lines north westerly passing Tavuyaga, Tokosaviri and Tabalenase to Nararagata on the sea coast near the village of Vatutavui; thence following the sea coast in a northerly and easterly direction to the point of commencement. The whole of such area being more particularly delienated and edged red on Plan PP.445 deposited in the office of the Ministry of Fijian Affairs, Suva; Commissioner Western Division, Lautoka; Provincial Office, Ba; Provincial Office, Ra. (Substituted by Legal Notice No. 36 of 1991 s. 3.3)

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(g) THE TIKINA OF VUDA The tikina of Vuda shall comprise that portion of the province of Ba bounded by a line running from Malosewa earthmound southerly for a distance of approximately 22 miles to Nagado earthmound. Thence westerly for a distance of approximately 9 miles to the mouth of the Sabeto River at the sea coast. Thence following the sea coast north westerly and north easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Bekana, Kadavu, Luvuka, Malevu, Nukunimanu, Savala, Tai, Tivua, Vio, Vomo, Vomo Lailai, Vunavadra and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in carmine on Plan P.P.5 deposited in the office of the Director of Lands. (h) THE TIKINA OF YASAWA The tikina of Yasawa shall comprise the following portion of the province of Ba consisting of the islands of Matacawalevu, Nacula, Naituvatuva, Nanuyaira, Nanuyaiyata, Nanuyalailai, Nanuyalevu, Sawailau, Tavewa, Vawa, Viwa, Yalewa-kalou, Yaqeta, Yasawa, Yawini and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in orange on Plan P.P.6 deposited in the office of the Director of Lands.

2. THE PROVINCE OF BUA

The province of Bua shall comprise all that portion of the island of bounded by a line running from the north coast of Vanua Levu at the mouth of Sovani creek on the boundary between Vunicibicibi and Navoavoa freeholds south easterly for a distance of approximately 22 miles to Nodrauqiqi-yaganasausauwaki earthmound. Thence south easterly for a distance of approximately 9 miles to the mouth of the Kilaka creek on the south coast of Vanua Levu. Thence by the sea coast first south westerly then north westerly and then north easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Tavea, Galoa, Yaqaga, Nasonisoni and Namenalala and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in red on Plan P.P. 14 deposited in the office of the Director of Lands. (a) THE TIKINA OF BUA The tikina of Bua shall comprise that portion of the province of Bua bounded by a line running from the sea coast in Bua Bay at the mouth of Vunidawa or Kakawadoi creek easterly for a distance of approximately 11 miles to Navotuvotu Trigonometrical Station earthmound. Thence north easterly for approximately 13 miles to Vunicagicagi earthmound near Kalakala Trigonometrical Station. Thence northerly for a distance of approximately 11 miles to the sea coast at the mouth of Sovani creek on the boundary between Vunicibicibi freehold and Navuavua freehold. Thence along the sea coast westerly and southerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Bekana, Galoa, Koso, Natiavuni, Navatu, Nukuira, Nukumala, Oadrau, Ruarua, Taveya, Toberua, Vatukatolu, Vedralalevu, Yanucagi and Yaqaga and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in green on Plan P.P. 14 deposited in the office of the Director of Lands.

(b) THE TIKINA OF VUYA The tikina of Vuya shall comprise the following portions of the province of Bua.

39 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(1) Portion No. 1 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Kilaka Bay at the mouth of the Kilaka river westerly for a distance of approximately 6 miles to Muremure No. 1 earthmound at the source of Nagasauniuniu creek. Thence southerly for a distance of approximately 8 miles to the mouth of Suetabu creek at the sea coast in Wainunu Bay. Thence along the sea coast easterly and northerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Koroikovu, Koroniasaca, Namenalala, Nasonisoni, Navatu, Vatubuco and the small islands adjacent thereto.

(2) Portion No. 2 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Bua Bay at the mouth of Navunidawa or Kakawadoi creek easterly for a distance of approximately 11 miles to Navotuvotu Trigonometrical Station. Thence southerly for a distance of approximately 16 miles to Sovi No. 1 earthmound on the sea coast. Together with the small islands adjacent thereto and the islands of Lekubi, , Yadua, Yaduataba and the small islands adjacent thereto. Both such portions being more particularly delineated and edged in orange on Plan P.P.14 deposited in the office of the Director of Lands.

(c) THE TIKINA OF WAINUNU The tikina of Wainunu shall comprise that portion of the province of Bua bounded by a line running from the sea coast in Wainunu Bay at the mouth of Suetabu creek northerly for a distance of approximately 11 miles to Nodrauqiqiyaganasausauwaki earthmound. Thence south westerly for a distance of approximately 17 miles to Nadomole earthmound. Thence southerly for a distance of approximately 15 miles to Sovi No. 1 earthmound on the sea coast. Thence following the sea coast north easterly and southerly to the point of commencement. Together with the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in mauve on Plan P.P.14 deposited in the office of the Director of Lands.

3. THE PROVINCE OF CAKAUDROVE The Province of Cakaudrove shall comprise all that portion of the Island of Vanua Levu, including the small islands adjacent thereto, together with the Islands of , , Rabi, Naqelelevu and the islands adjacent thereto, Yanuca and the islands adjacent thereto. Viubani, Qamea, Laucala, and the islands adjacent thereto, and Yacata, Kaibo and Nukutolu Islands.

Limits and Boundaries

Commencing on the south coast of Vanua Levu at the mouth of the Kilaka Creek; thence following the Kilaka Creek upstream to the mouth of the Naveibaleyaki Creek on its left bank; thence following the Naveibaleyaki Creek upstream to Naveibaleyaki on the north- western boundary of Bagata freehold; thence by a direct line north-westerly for 29 chains to Nakoroiato on a ridge; thence following that ridge first north-westerly to Nairoba Trigonometrical Station then westerly passing through Batiniqere Trigonometrical Station to Muremure and then northerly passing through Naqaka Trigonomentrical Station to Batinivatu; thence by a direct line northeasterly for 63 chains to Vunimoli on the Naura Creek; thence by a direct line north-easterly for 36 chains to Nayabia on a spur; thence by a direct line northerly for 92 chains to Narivi on a spur; thence by a direct 40 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs line on northerly for 86 chains to Nasivi on the main dividing range; thence decending north-easterly to the source of the Walu Creek and following that creek downstream to its junction with the Nawiri Creek; thence following the Nawiri Creek upstream to its source and ascending north-westerly to Nabanikaikai on a spur; thence by a direct line north-westerly for 32 chains to Narara on a spur; thence descending northerly to the source of the Narara Creek and following that creek downstream to its mouth on the right bank of the Lutukina River; thence following the Lutukina River downstream to its junction with the Drawa River; thence following the Drawa River downstream to its junction with the Naua River; thence following the Naua river downstream to its junction with the Dreketi river at Nadoi; thence along the Dreketi river upstream to the mouth of Vunitivi Creek; thence following that creek north easterly for about one and a half chains to where it forks and ascending in the same direction to Vunitivi 1 (B/q) on a spur; thence northerly in a direct line passing Delaidranivesi (B/q) on a track and crossing the Nacuruveiqiri Creek and two tracks to Nauouo (B/v) on a small hill; thence descending in the same direction to the centre of Vunibelebele or Wailailai River; thence following the centre of that river downstream to its mouth at the right bank of Dreketi river at the river crossing of the road connecting Batiri village and Natua village; thence along the Dreketi river upstream to its junction with the Seaqaqa river at Veriseaqaqa; thence following the Seaqaqa river upstream to its junction with the Vakadranusinu creek; thence following the Vakadranusinu creek upstream to its junction with the Bulu Creek; thence following the Bulu Creek upstream to its source at Delaibulu on a ridge; thence following the said ridge generally south westerly to Vatuvui Trigonometrical Station; thence turning generally northerly along a branch ridge passing Lovonayabia to Nasiganilawa; thence generally westerly along ridge passing Narukaruka 2 on top of ridge and des- cending south westerly to Narukaruka 1 on the Narukaruka Creek: thence following that creek downstream to its junction with Nabitibiti Creek; thence along the Nabitibiti Creek upstream to its source at Naosoyaganivonu; thence descending south westerly to the source of Matawalaki Creek; thence following that creek downstream to its confluence with Naseuwaga and Savuibici or Drouwa Creek at Matawalaki; thence following the Savuibici Creek downstream to its junction with Tabalewa Creek at Veritabalewa; thence along the Tabalewa Creek upstream to its source at Taqanavocoa 1 on the main dividing range; thence following the main dividing range first easterly to Naocovakalolo then northerly to Vaturadua and then again easterly to Delainalawa; thence following a ridge first north-westerly passing Delaikoro Trigonometrical Station to Naqaka and then north-easterly to Baleyaganikula; thence descending a spur north-westerly to Motuyagai-kaveta; thence by a direct line north-easterly for 85 chains to Dalovosavosa; thence by a direct line north-easterly for 61 chains to Dalokamikamica; thence by a direct line north-easterly for 70 chains to Navuakaidigale on a ridge; thence northerly following the ridge to Vatusaqavaki; thence by a direct line south-easterly for 47 chains to Waidamudamu; thence by a direct line easterly for 10 chains to Vunivia; thence by a direct line easterly for 30 chains to Navutuvutu; thence by a direct line easterly for 30 chains to Nubunidruki on the Nubunidruki Creek; thence by a direct line easterly for 18 chains to Saqailoma; thence by a direct line easterly for 14 chains to Tayaganiwaqa; thence by a direct line easterly for 34 chains to Bua; thence by a direct line south-easterly passing through Batisasa for 35 chains to the left bank of the Labasa River; thence following the Labasa River upstream to the mouth of the Vuniwi Creek on its right bank; thence following the Vuniwi Creek upstream to its source and ascending south-easterly to Delaivuniwi on a ridge: thence north-easterly following the ridge to Delainaqaraqara No. 1; thence descending north-easterly to the source of the Nacacaga Creek and following that creek downstream to its mouth on the left bank of the Namoli Creek; thence following the Namoli Creek upstream to Nasea on its left bank; thence south-easterly ascending a spur to Delaiwadamu on a ridge; thence north-easterly following the ridge to Delainatoletole; thence easterly descending a spur to Tamoicabeu on the Cabeu Creek; thence following the Cabeu Creek upstream to its source and ascending north-easterly to Vatunidromu Trigonometrical Station on a ridge; thence north-easterly descending a spur to Sobinametoki; thence by a direct line northerly for 22 chains to Vatutu on the Taveta Creek; thence following the Taveta Creek downstream to the mouth of the Kebu Creek on its right bank; thence following the Kebu Creek upstream to Tamoikebu; thence by a direct line northwesterly for 21 chains to Dalikasou: thence by a direct line north- westerly for 18 chains to Nalulu: thence descending north-westerly to the Vunivaivai 41 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Creek and following that creek upstream to its source and ascending northwesterly to Navico on a ridge; thence north-westerly following the ridge to Cagoveitaleyaki No. 1; thence descending north-easterly to the source of the Qaratavunayala Creek and following that creek downstream to Qaratavunayala; thence by a direct line north- easterly for 48 chains to Vatu-civaciva on the left bank of the Qawa creek; thence following the Qawa Creek upstream to the mouth of the Wawavonu Creek on its right bank; thence following the Wawavonu Creek upstream to its source and ascending north- easterly to Korociciwalu on a ridge: thence north-easterly following the ridge to Navuloa; thence by a direct line easterly for 22 chains to Dramea on a ridge; thence by a direct line north-easterly for 40 chains to Koroirovarova on a ridge; thence north-easterly descending a spur to Sawani on the Sawani Creek; thence north-westerly ascending a spur to Delaivunivota on a ridge; thence north-easterly following the ridge to Voavoakacu; thence by a direct line north-westerly for 61 chains to Nacawa on a ridge; thence north-easterly following the ridge to Laulauwaqa; thence by a direct line north-easterly for 23 chains to Dunadunaiyalo on the left bank of the Bucaisau River; thence following the Bucaisau River downstream to the mouth of the Wailoa Creek on its right bank; thence following the Wailoa Creek upstream to its source and ascending north-easterly to Nabatu No. 1 on a ridge; thence westerly following the ridge to Nabatu No. 3; thence descending north- easterly to the source of the Natabe Creek and following that creek downstream to its junc- tion with the Draladamu Creek; thence following the Draladamu Creek upstream to its junction with the Tilou Creek; thence following the Tilou Creek upstream to its source and ascending easterly to Domoitilou on a ridge; thence south-westerly following the ridge to Domoiwaidra; thence descending north-easterly to the source of the Waidra Creek and following that creek downstream to its junction with the Nalagi Creek; thence following the Nalagi Creek upstream to Gusuivuniivi on its right bank; thence by a direct line easterly for 21 chains to Kalousakuka on a ridge; thence by a direct line north-easterly for 5 chains to Vunimalawaci on the Waibata Creek; thence following the Waibata Creek downstream to its mouth on the left bank of the Nadogo River; thence following the Nadogo River downstream to its junction with the Bucakoto River; thence following the Bucakoto River upstream to the mouth of the Wainiwawau Creek on the right bank; thence following the Wainiwawau Creek upstream to its source and ascending north- easterly to Vunisava on a ridge; thence south-easterly descending a spur to Nubunivuso on the Nubunivuso Creek; thence by a direct line southeasterly for 10 chains to Raulevu on a spur; thence north-easterly ascending the spur to Navasa on a ridge; thence following the ridge first north-easterly to Kaliliwaliwa and then south-easterly to Delainavadra; thence north easterly descending a spur to the Nasavu River at the mouth of the Savu Creek; thence following the Savu Creek upstream to its source and ascending south-easterly to Uluilae on the main dividing range; thence following the main dividing range in a general north-easterly direction passing through Balebaleyaganilialia Trigonometrical Station, Tukicumu Trigonometrical Station, Tabualago Trigonometrical Station and Uluikamali Trigonometrical Station and descending to the sea coast at Udu Point at the north-eastern extremity of Vanua Levu; thence by the sea coast first southerly then south- westerly then north-easterly then again southerly and then westerly to the point of commencement including all islands adjacent thereto, together with the Islands of Kioa, Taveuni, Rabi, Naqelelevu and the islands adjacent thereto, Yanuca and the islands adjacent thereto, Viubani, Qamea, Laucala and the islands adjacent thereto, Yacata, Kaibo and Nukutolu Islands.

The boundaries affected for the Province of Cakaudrove being more particularly delienated and edged red on Proclamation Plan PP 15A deposited in the Offices of the Ministry of Fijian Affairs, Suva, Commissioner Northern Division, Labasa, District Officer, ; and Provincial Office Cakaudrove, Taveuni. (Substituted by Legal Notice No. 15 of 1992 s.3.2)

(a) THE TIKINA OF CAKAUDROVE The Tikina of Cakaudrove shall comprise the following portions of the province of Cakaudrove:—

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(1) Portion No. 1 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Buca Bay at the mouth of Nayalalevu creek near the village of Loa westerly for a distance of approximately 8 miles to Dovumatua earthmound on the north eastern boundary of Valavala freehold. Thence westerly for a distance of approximately 10 miles to Delainaqilo earthmound. Thence south easterly for a distance of approximately 2 miles to the sea coast near Vunilagi estate. Thence along the sea coast easterly and north westerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Benauiwai, Cakaudrove, Drativau, Kia, Kioa, Nanucaiwai, Naumena, Rabe and Yanuyanu-wiri and the small islands adjacent thereto.

(2) Portion No. 2 That portion of the island of Taveuni bounded by a line running from the sea coast at the northernmost corner of Tuvumaca freehold southerly for a distance of approximately 8 miles to Naucunikoli on the western shore of Tagimaucia Lake. Thence south easterly for a distance of approximately 5 miles to the mouth of Wainabua creek on the sea coast. Thence along the sea coast south westerly to South Cape, north westerly to Vuna Point and north easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Korolevu, Nukutolu islets, Yacata and the small islands adjacent thereto. Both such portions being more particularly delineated and edged in green on plan P.P. 15 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NASAVUSAVU The Tikina of Nasavusavu shall comprise the following portions of the province of Cakaudrove:—

(1) Portion No. 1 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Savarekareka Bay on the boundary between Savarekareka freehold and Navunitavi freehold northerly for a distance of approximately 9 miles to Mariko Trigonometrical Station. Thence easterly for a distance of approximately 8 miles to the south east corner of Navorou freehold on the sea coast in Navorou Bay. Thence along the sea coast of Natewa Bay southerly, easterly and north easterly for a distance of approximately 28 miles to Navirimaca earthmound. Thence south easterly for a distance of approximately 3 miles to the north eastern corner of Valavala freehold. Thence south westerly for a distance of approximately 11 miles to the mouth of the Mataniwai River on the sea coast near Vunilagi Estate. Thence along the sea coast south westerly and westerly, passing Salt Lake to Lesiaceva Point. Thence along the sea coast north easterly, passing Nakama and Valeci, to the point of commencement. Together with the small islands adjacent thereto and the islands of Bakabaka, Lotu, Naitilo, Narogai, Navatudamu, Naviavia, Nawaci, Nawi, Nukudrau, Savasi, Vanuanawa, Yanuyanu and the small islands adjacent thereto.

(2) Portion No. 2 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Natewa Bay at the mouth of Tabia or Vunidogoloa creek south westerly for a distance of approximately 1 mile along the sea coast to Vuinasoso earthmound. Thence north easterly for a distance of approximately 2 miles to Uluisavu

43 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs earthmound. Thence north easterly for a distance of approximately 2 miles to Lovonivuaka earthmound. Thence southerly for a distance of approximately 2 miles to the point of commencement. Together with the islands adjacent thereto.

(3) Portion No. 3 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Natewa Bay at the southern corner of Warikaba freehold north westerly for a distance of approximately 2 miles to Uluinasekalavo earthmound. Thence north easterly for a distance of approximately 1 mile to Siliyaga earthmound. Thence easterly for a distance of approximately 4 miles to Vunidakua No. 1 earthmound on the sea coast of Natewa Bay. Thence along the sea coast south westerly to the point of commencement. Together with the islands adjacent thereto. The whole of such portions being more particularly delineated and edged in mauve on Plan P.P. 15 deposited in the office of the Director of Lands.

(c) THE TIKINA OF SAQANI The tikina of Saqani shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast at Udu Point, the north eastern tip of Vanua Levu south westerly for a distance of approximately 30 miles to Gusuivuniivi earthmound. Thence south easterly for a distance of approximately 11 miles to the mouth of Dawato River on the sea coast of Natewa Bay. Thence along the sea coast north easterly to the point of commencement. Together with the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in brown on Plan P.P. 15 deposited in the office of the Director of Lands.

(d) THE TIKINA OF TUNULOA The tikina of Tunuloa shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast to Buca Bay at the mouth of Nayalalevu creek near the village of Loa westerly for a distance of approximately 10 miles to Navirimaca on the sea coast in Natewa Bay. Thence along the sea coast north easterly and south westerly to the point of commencement. Together with the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 15 deposited in the office of the Director of Lands.

(e) THE TIKINA OF VATUROVA The tikina of Vaturova shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast in Natewa Bay at the mouth of Dawato River north westerly for a distance of approximately 12 miles to the confluence of Draladamu creek with Natabe creek. Thence south westerly for a distance of approximately 24 miles to Delainalawa earthmound. Thence south easterly for a distance of approximately 17 miles to the south east boundary of Navorau freehold on the sea coast in Navorau Bay. Thence along the sea coast north easterly to the point of commencement. Together with the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in orange on Plan P.P. 15 deposited in the office of the Director of Lands.

(f) THE TIKINA OF WAILEVU The tikina of Wailevu shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast in Savarekareka Bay on the boundary between Savarekareka freehold and Navunitavi freehold northerly for a distance of 44 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs approximately 22 miles to Delainalawa earth mound. Thence south westerly for a distance of approximately 56 miles to Nodrauqi- qiyaganasausauwaki earthmound. Thence south easterly for a distance of approximately 9 miles to the mouth of Kilaka River on the sea coast on Kilaka Bay. Thence by the sea coast north easterly and south easterly, along the shores of Kilaka Bay, Savusavu Bay, Valaga Bay and Savarekareka Bay to the point of commencement. Together with the small islands adjacent thereto and the islands of Dogodogo, Naduri, Nariqi and Vaturokobe and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in pink on Plan P.P. 15 deposited in the office of the Director of Lands.

(g) THE TIKINA OF WAINIKELI The tikina of Wainikeli shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast at the northernmost corner of Tuvumaca freehold southerly for a distance of approximately 9 miles to Naucunikoli on the western shore of Tagimaucia Lake. Thence south easterly for a distance of approximately 5 miles to the mouth of Wainibau creek on the sea coast. Thence along the sea coast north easterly, northerly and south westerly, to the point of commencement. Together with the small islands adjacent thereto and the islands of Laucala, Malima, Matagi, Nanukulailai, Nanukulevu, Naqelelevu, Nukubasaga, Nukupureti, Qamea, Tauriria, Vetauwa, and Yanuca and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in blue on Plan P.P. 15 deposited in the office of the Director of Lands.

4. THE PROVINCE OF KADAVU

The province of Kadavu shall comprise the islands of Kadavu, Buliya, , Galoa, and Matanuku and the small islands adjacent thereto, and more particularly delineated and edged in red on Plan P.P. 17 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NABUKELEVU The tikina of Nabukelevu shall comprise that portion of the island of Kadavu bounded by a line running from the northern sea coast at the mouth of Waica Creek near the westernmost corner of Richmond freehold southerly for a distance of approximately 6 miles to Nukulobolobo and north easterly to the point of commencement. Together with the small islands adjacent thereto and the island of Nagigia. The whole of such area being more particularly delineated and edged in brown on Plan P.P.17 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NACEVA The tikina of Naceva shall comprise that portion of the island of Kadavu bounded by a line running from the southern sea coast at Vunigali northerly for a distance of approximately 6 miles to Vunibau on the northern coast near the village of Vunisei in Daku Bay. Thence along the sea coast north easterly and easterly to Vatuveigoleyaki earthmound. Thence southerly for a distance of approximately 13 miles to a point on the common boundary between Natidri and Laqera freeholds on the sea coast in Korolevu Bay. Thence along the sea coast southerly and westerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Naitukuwalu, Nayanuyanu, Vonobia and Waya and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 17 deposited in the office of the Director of Lands.

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(c) THE TIKINA OF NAKASALEKA The tikina of Nakasaleka shall comprise that portion of the island of Kadavu bounded by a line running from the northern sea coast at Vatuveigoleyaki southerly to a point on the common boundary between Natidri and Laqera freeholds on the sea coast in Korolevu Bay. Thence along the sea coast easterly, and northerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Bala, Buabua, Buliya, Dravuni, Lanitua, Mataikadavu, Namara, Solo, Vanuakula, Vanuatabu, Vesa, Vurolevu, Yabu, Yakuvelailai and Yakuvelevu and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in green on Plan P.P. 17 deposited in the office of the Director of Lands.

(d) THE TIKINA OF TAVUKI The tikina of Tavuki shall comprise that portion of the island of Kadavu bounded by a line running from the northern sea coast at the mouth of Waica Creek near the westernmost corner of Richmond freehold southerly for a distance of approximately 6 miles to Nukulobolobo on the southern coast. Thence by the sea coast generally north easterly, passing Yaravu Bay and Galoa harbour to Vunigali. Thence northerly for a distance of approximately 6 miles to Vunibau on the northern coast near the village of Vunisei in Daku Bay. Thence along the sea coast in a general south westerly direction, passing Muadule, Bay and Tavuki Bay to the point of commencement. Together with the small islands adjacent thereto and the islands of Galoa, Kanamoiyanuca, Mago, Matanuku, Menaga, Niuvaqau, Tawadromu, Vunivesi, Yadatavaya, Yanuyanulevu, and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in mauve on Plan P.P. 17 deposited in the office of the Director of Lands.

5. THE PROVINCE OF LAU

The province of Lau shall comprise the islands of the Lau group, including the islands of Welagilala, Naitauba, Vanuabalavu including Yavea, Cikobia-i-lau, Namalata and Susui, , Vatuvara, Mago, Katafaga, , , , , Oneata, Komo, Vanuavatu, Moala, Matuku, , , Namuka-i-lau, Moce and Vulaga, more particularly delineated and edged in red on Plan P.P. 15 deposited in the office of the Director of Lands.

(a) THE TIKINA OF CICIA The tikina of Cicia shall comprise the island of Cicia. The whole of such area being more particularly delineated and edged in blue on Plan P.P. 18 deposited in the office of the Director of Lands.

(b) THE TIKINA OF KABARA The tikina of Kabara shall comprise the islands of Kabara, Komo, Marabo, Namuka- i-lau, Olorua, Tavunasici and Vuaqava and the small islands adjacent thereto.

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The whole of such area being more particularly delineated and edged in green on Plan P.P.18 deposited in the office of the Director of Lands.

(c) THE TIKINA OF LAKEBA The tikina of Lakeba shall comprise the islands of Aiwa, Lakeba and Vanuamasi and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 18 deposited in the office of the Director of Lands.

(d) THE TIKINA OF LOMALOMA The tikina of Lomaloma shall comprise the southern portion of the island of Vanuabalavu bounded by a line running from Vunimoli on the sea coast westerly to Nailoilo on the sea coast. Thence along the sea coast southerly and northerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Kanacea, Katafaga, Mago, Munia, Naitauba, Namalata, Susui, Tuvuca, Vatuvara, Vekai, Welagilala and Yanuyanu and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in mauve on Plan No. 18 deposited in the office of the Director of Lands.

(e) THE TIKINA OF MATUKU The tikina of Matuku shall comprise the islands of Matuku and Welagi and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in black on Plan P.P. 18 deposited in the office of the Director of Lands.

(f) THE TIKINA OF MOALA The tikina of Moala shall comprise the island of Moala and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in cadmium yellow on Plan P.P. 18 deposited in the office of the Director of Lands.

(g) THE TIKINA OF MOCE The tikina of Moce shall comprise the islands of Koroni and Moce and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in neutral tint on Plan P.P.18 deposited in the office of the Director of Lands.

(h) THE TIKINA OF MUALEVU The tikina of Mualevu shall comprise the northern portion of the island of Vanuabalavu bounded by a line running from Vunimoli on the sea coast westerly to Nailoilo on the sea coast. Thence along the sea coast northerly, easterly and southerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Adavaci, Cikobia- i-lau, Kibobo, Qilaqila, Sovu and Yavea and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in orange on Plan P.P. 18 deposited in the office of the Director of Lands.

(i) THE TIKINA OF NAYAU The tikina of Nayau shall comprise the island of Nayau and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in light brown on Plan P.P. 18 deposited in the office of the Director of Lands.

(j) THE TIKINA OF ONEATA The tikina of Oneata shall comprise the islands of Loa and Oneata and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in carmine 47 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs on Plan P.P. 18 deposited in the office of the Director of Lands.

(k) THE TIKINA OF ONO The tikina of Ono shall comprise the islands of Ono-i-Lau, together with the islands of Tuvana-i-ra, Tuvana-i-colo, , Doi, and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in veridan on Plan P.P. 18 deposited in the office of the Director of Lands.

(1) THE TIKINA OF TOTOYA The tikina of Totoya shall comprise the islands of Totoya and Vanuavatu and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in sepia on Plan P.P. 18 deposited in the office of the Director of Lands.

(m) THE TIKINA OF VULAGA The tikina of Vulaga shall comprise the islands of Navutu-i-loma, Navutu-i-ra, Nayabo, Ogeadriki, Ogealevu, Vulaga, and Yagasalevu. The whole of such area being more particularly delineated and edged in brown on plan P.P. 18 deposited in the office of the Director of Lands.

6. PROVINCE OF LOMAIVITI

The province of Lomaiviti shall comprise the islands of Batiki, Gau, Koro, Makogai, Makodraga, Moturiki, Nairai, Ovalau, Wakaya, and Yanucalevu and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in red on plan P.P. 19 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BATIKI The tikina of Batiki shall comprise the island of Batiki and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 19 deposited in the office of the Director of Lands.

(b) THE TIKINA OF GAU The tikina of Gau shall comprise the island of Gau and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in green on Plan P.P. 19 deposited in the office of the Director of Lands.

(c) THE TIKINA OF KORO The tikina of Koro shall comprise the island of Koro and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in mauve on Plan P.P. 19 deposited in the office of the Director of Lands.

(d) THE TIKINA OF MOTURIKI The tikina of Moturiki shall comprise the island of Moturiki and the small islands adjacent thereto, and the islands of Nagasautabu, Naivakataqanisaisai, Yanucalailai and Yanucalevu. The whole of such area being more particularly delineated and edged in green on Plan P.P. 189 deposited in the office of the Director of Lands and Surveyor-General. (Inserted by Legal Notice 169 of 1978.)

(e) THE TIKINA OF NAIRAI The tikina of Nairai shall comprise the island of Nairai and the small islands adjacent thereto. 48 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

The whole of such area being more particularly delineated and edged in orange on Plan P.P. 19 deposited in the office of the Director of Lands.

(f) THE TIKINA OF OVALAU The tikina of Ovalau shall comprise the island of Ovalau and the small islands adjacent thereto, and the islands of Makodraga, Makogai and Wakaya. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 189 deposited in the office of the Director of Lands and Surveyor-General. (Amended by Legal Notice No.169 of 1978.)

7. PROVINCE OF MACUATA The Province of Macuata shall comprise all that portion of the Island of Vanua Levu, including the small islands adjacent thereto, together with Macuata-i-wai, Kia, Mali Kavewa, Druadrua and Gevo Islands. Limits and Boundaries Commencing on the north coast of Vanua Levu at the mouth of the Sovani Creek on the boundary between Vunicibicibi and Navoavoa freeholds; thence following the Sovani Creek upstream to its source at the southeastern corner of Navoavoa freehold; thence by the south-western boundary of Vunicibicibi freehold south-easterly to its southernmost corner; thence by the southern-eastern boundary of Vunicibicibi freehold north-easterly to the Nadrala Creek; thence following the Nadrala Creek upstream to its junction with the Namalivaliva Creek; thence following the Namalivaliva Creek upstream to its source and ascending southerly to Beka on a ridge; thence north-westerly following the ridge to Naliu; thence descending southwesterly to the junction of the Natorani and Vuniqalo Creeks: thence following the Vuniqalo Creek downstream to its junction with the Natonono Creek; thence south-westerly ascending a spur to Vatukobola; thence des- cending south-westerly to the source of the Naqaraniqoli Creek and following that creek downstream to its junction with the Nakakawadawa Creek; thence following the Nakakawadawa Creek upstream to its source and ascending south-westerly to Vunicagicagi on a ridge; thence westerly following the ridge to Ririkinayalo; thence south- westerly descending a spur to the Koroivarivari Creek; thence south-westerly ascending a spur to Navatavesi No. 2 on a ridge; thence westerly following the ridge to Navatavesi No. 1; thence south-easterly descending a spur to the Veivatuvatulelevu Creek thence ascending and descending spurs to Daikotonibau on the Naburutovu Creek at its junction with the Savusalala Creek; thence following the Naburutovu Creek upstream to its junction with the Kakale Creek; thence following the Kakale Creek upstream to its source and ascending southeasterly to Kakale on a ridge; thence descending easterly to the source of the Nakorodreka Creek and following that creek downstream to its junction with the Nacibicibi Creek; thence by a direct line easterly for 27 chains to Korovou on a ridge; thence south-easterly following the ridge to Delainaikede; thence north-easterly descending a spur to Vuimasunani on the Draniyalo Creek; thence easterly ascending a spur to Vunivasiya and southeasterly descending a spur to Vuilovoi at the mouth of the Lovoi Creek on the right bank of the Nabuna River; thence following the Nabuna River downstream to the mouth of the Bureni Creek on its left bank; thence following the Bureni Creek upstream to Bureni; thence north-easterly ascending a spur to Batidradruga on a ridge; thence by a direct line northerly for 17 chains to Vunikavikasi on a spur; thence by a direct line north-easterly for 30 chains to Naliuboto on a ridge; thence descending south-easterly to the source of the Vuniwaciwaci Creek and following that creek downstream to its junction with the Tukulou Creek; thence north-easterly ascending a spur to Nacekeirakuro on a ridge; thence by a direct line north-easterly for 12 chains to Sikamanulevu on the Dranolailai Creek; thence by a direct line northerly for 15 chains to Rokorokoiratuni on a ridge; thence by a direct line northeasterly for 5 chains to Vatumasese on the Namatasakuka Creek; thence following the Namatasakuka Creek downstream to its junction with the Dranolevu Creek; thence following the Dranolevu Creek downstream to its junction with the Navakasasa Creek; thence following the Navakasasa Creek upstream to its head and ascending easterly to 49 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Nodrauqiqiyaganasausauwaki on a ridge; thence northerly following the ridge to Batinivatu: thence by a direct line north-easterly for 63 chains to Vunimoli on the Naura Creek; thence by a direct line north-easterly for 36 chains to Nayabia on a spur; thence by a direct line northerly for 92 chains to Narivi on a spur; thence by a direct line northerly for 86 chains to Nasivi on the main dividing range; thence descending north-easterly to the source of the Walu Creek and following that creek downstream to its junction with the Nawiri Creek: thence following the Nawiri Creek upstream to its source and ascending north-westerly to Nabanikaikai on a spur; thence by a direct line northwesterly for 32 chains to Narara on a spur; thence descending northerly to the source of the Narara Creek and following that creek downstream to its mouth on the right bank of the Lutukina River; thence following the Lutukina River downstream to its junction with the Drawa River; thence following the Drawa River downstream to its junction with the Naua River; thence following the Naua River downstream to its junction with the Dreketi river at Nadoi; thence along the Dreketi river upstream to the mouth of Vunitivi creek; thence following that creek north easterly for about one and a half chains to where it forks and ascending in the same direction to Vunitivi 1 (B/ q) on a spur; thence northerly in a direct line passing Delaidranivesi (B/q) on a track and crossing the Nacuruveiqiri creek and two tracks to Nauouo (B/v) on a small hill; thence descending in the same direction to the centre of Vunibelebele or Wailailai River; thence following the centre of that river downstream to its mouth at the right bank of Dreketi river at the river crossing of the road connecting Batiri village and Natua Village; thence along the Dreketi river upstream to its junction with the Seaqaqa river at Veriseaqaqa; thence following the Seaqaqa river upstream to its junction with the Vakadranusinu creek; thence following the Vakadranusinu creek upstream to its junction with the Bulu creek; thence following the Bulu creek upstream to its source Delaibulu on a ridge; thence following the said ridge generally south westerly to Vatuvui Trigonometrical Station; thence turning generally northerly along a branch ridge passing Lovonayabia to Nasiganilawa; thence generally westerly along ridge passing Narukaruka 2 on top of ridge and descending south westerly to Narukaruka 1 on the Narukaruka creek; thence following that creek downstream to its junction with Nabitibiti creek: thence along the Nabitibiti creek upstream to its source at Naosoyaganivonu; thence descending south westerly to the source of Matawalaki creek; thence following that creek downstream to its confluence with Naseuwaga and Savuibici or Drouwa creek at Matawalaki; thence following the Savuibici Creek downstream to its junction with Tabalewa creek at Veritahalewa; thence along the Tabalewa creek upstream to its source at Taqanavocoa 1 on the main dividing range; thence following the main dividing range first easterly to Naocovakalolo then northerly to Vaturadua and then again easterly to Delainalawa; thence following a ridge first northwesterly passing Delaikoro Trigonometrical Station to Naqaka and then north-easterly to Baleyaganikula; thence descending a spur north-westerly to Motuyagaikaveta; thence by a direct line north-easterly for 85 chains to Dalovosavosa; thence by a direct line north-easterly for 61 chains to Dalokamikamica; thence by a direct line north-easterly for 70 chains to Navuakaidigale on a ridge; thence northerly following the ridge to Vatusaqavaki; thence by a direct line south-easterly for 47 chains to Waidamudamu; thence by a direct line easterly for 10 chains to Vunivia; thence by a direct line easterly for 30 chains to Navutuvutu; thence by a direct line easterly for 30 chains to Nubunidruki on the Nubunidruki Creek: thence by a direct line easterly for 18 chains to Saqailoma: thence by a direct line easterly for 14 chains to Tayaganiwaqa; thence by a direct line easterly for 34 chains to Bua; thence by a direct line south-easterly passing through Batisasa for 35 chains to the left bank of the Labasa River; thence following the Labasa River upstream to the mouth of the Vuniwi Creek on its right bank; thence following the Vuniwi Creek upstream to its source and ascending southeasterly to Delaivuniwi on a ridge; thence north-easterly following the ridge to Delainaqaraqara No. 1: thence descending north- easterly to the source of the Nacacaga Creek and following that creek downstream to its mouth on the left bank of the Namoli Creek: thence following the Namoli Creek upstream to Nasea on its left bank; thence south-easterly ascending a spur to Delaiwadamu on a ridge; thence north-easterly following the ridge to Delainatoletole; thence easterly descending a spur to Tamoicabeu on the Cabeu Creek; thence following the Cabeu Creek upstream to its source and ascending north-easterly to Vatunidromu Trigonometrical Station on a ridge; thence north-easterly descending a spur to Sobinametoki; thence by a direct line northerly for 22 chains to Vatutu on the Taveta Creek; thence following the 50 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Taveta Creek downstream to the mouth of the Kebu Creek on its right bank: thence following the Kebu Creek upstream to Tamoikebu; thence by a direct line north-westerly for 21 chains to Dalikasou; thence by a direct line north-westerly for 18 chains to Naulu; thence descending northwesterly to the Vunivaivai Creek and following that creek upstream to its source and ascending north-westerly to Navico on a ridge; thence north- westerly following the ridge to Cagoveitaleyaki No. 1. thence descending north-easterly to the source of the Qaratavunayala Creek and following that creek downstream to Qaratavunayala; thence by a direct line north-easterly for 48 chains to Vatucivaciva on the left bank of the Qawa Creek; thence following the Qawa Creek upstream to the mouth of the Wawavonu Creek on its right bank; thence following the Wawavonu Creek upstream to its source and ascending north-easterly to Korociciwalu on a ridge; thence north- easterly following the ridge to Navuloa; thence by a direct line easterly for 22 chains to Dramea on a ridge; thence by a direct line north-easterly for 40 chains to Koroirovarova on a ridge; thence north-easterly descending a spur to Sawani on the Sawani Creek; thence north-westerly ascending a spur to Delaivunivota on a ridge; thence north- easterly following the ridge to Voavoakacu; thence by a direct line north-westerly for 61 chains to Nacawa on a ridge; thence north-easterly following the ridge to Laulauwaqa; thence by a direct line north-easterly for 23 chains to Dunadunaiyalo on the left bank of the Bucaisau River; thence following the Bucaisau River downstream to the mouth of the Wailoa Creek on its right bank; thence following the Wailoa Creek upstream to its source and ascending north-easterly to Nabatu No. 1 on a ridge; thence westerly following the ridge to Nabatu No. 3; thence descending north-easterly to the source of the Natabe Creek and following that creek downstream to its junction with the Draladamu Creek; thence following the Draladamu Creek upstream to its junction with the Tilou Creek; thence following the Tilou Creek upstream to its source and ascending easterly to Domoitilou on a ridge; thence south-westerly following the ridge to Domoiwaidra; thence descending north-easterly to the source of the Waidra Creek and following that creek downstream to its junction with the Nalagi Creek; thence following the Nalagi Creek upstream to Gusui-vuniivi on its right bank; thence by a direct line easterly for 21 chains to Kalousakuka on a ridge; thence by a direct line north-easterly for 5 chains to Vunimalawaci on the Waibata Creek; thence following the Waibata Creek downstream to its mouth on the left bank of the Nadogo River; thence following the Nadogo River downstream to its junction with the Bucakoto River; thence following the Bucakoto River upstream to the mouth of the Wainiwawau Creek on its right bank; thence following the Wainiwawau Creek upstream to its source and ascending north- easterly to Vunisava on a ridge; thence south-easterly descending a spur to Nubunivuso on the Nubunivuso Creek; thence by a direct line south-easterly for 10 chains to Raulevu on a spur; thence north-easterly ascending the spur to Navasa on a ridge; thence following the ridge first north-easterly to Kaliliwaliwa and then southeasterly to Delainavadra; thence north-easterly descending a spur to the Nasavu River at the mouth of the Savu Creek; thence following the Savu Creek upstream to its source and ascending south- easterly to Uluilae on the main dividing range; thence following the main dividing range in a general north-easterly direction passing through Balebaleyaganilialia Trigonomet- rical Station, Tukicumu Trigonometrical Station. Tabualago Trigonometrical Station and Uluikamali Trigonometrical Station and descending to the sea coast at Udu Point at the north-eastern extremity of Vanua Levu; thence by the sea coast in a general south-westerly direction to the point of commencement including all islands adjacent thereto, together with Macuata-i-wai, Kia, Mali, Kavewa, Druadrua and Gevo Islands.

The boundaries affected for the Province of Macuata being more particularly delienated and edged red on Proclamation Plan PP 16A deposited in the Offices of the Ministry of Fijian Affairs, Suva; Commissioner Northern Division, Labasa, District Officer Macuata and Provincial Office Macuata, Labasa. (Substituted by Legal Notice No. 15 of 1992 s.3.1)

(a) THE TIKINA OF CIKOBIA 51 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

The tikina of Cikobia shall comprise the island of Cikobia and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in brown on Plan P.P. 16 deposited in the office of the Director of Lands.

(b) THE TIKINA OF DOGOTUKI The tikina of Dogotuki shall comprise that portion of the province of Macuata bounded by a line running from the sea coast at Udu Point, the north eastern tip of Vanua Levu, south westerly for a distance of approximately 28 miles to Koroilaya or Uluilae Trigonometrical Station. Thence easterly and northerly for a distance of approximately 22 miles to the mouth of the Nubu River in Malaqeo Bay on the sea coast. Thence along the sea coast generally north easterly to the point of commencement excluding Labasa Portion No. 1. Together with the small islands adjacent thereto and the islands of Bekana, Druadrua, Gevo, Namukalau, Qaracikobia, Tiligica and Yanuca and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in orange on Plan P.P. 16 deposited in the office of the Director of Lands.

(c) THE TIKINA OF LABASA The tikina of Labasa shall comprise the following portions of the province of Macuata:—

(1) Portion No. 1 The portion of the island of Vanua Levu bounded by a line running from the sea coast in Malaqeo Bay at Savugodroti earthmound southerly and south easterly for a distance of approximately 2 miles to Nairi. Thence northerly and north westerly for a distance of approximately 2 miles to the sea coast of Kelikeli. Thence along the sea coast southerly and north westerly to the point of commencement.

(2) Portion No. 2 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Malaqeo Bay at the mouth of Nubu River south easterly and south westerly for a distance of approximately 22 miles to the confluence of the Nadogo River with Waibata creek. Thence south easterly for a distance of approximately 41 miles to Delainarairai. Thence northerly for a distance of approximately 13 miles to the mouth of the Tabia River on the sea coast. Thence along the sea coast northerly and north easterly to the point of commencement, excluding Macuata Portion No. 1. Together with the small islands adjacent thereto and the islands of Katuwaqa, Kavewa, Nukuvadra, Tivi and Tutu and the small islands adjacent thereto. Both such portions being more particularly delineated and edged in mauve on Plan P.P. 16 deposited in the office of the Director of Lands.

(d) THE TIKINA OF MACUATA The tikina of Macuata shall comprise the following portions of the province of Macuata:—

(1) Portion No. 1 That portion of the island of Vanua Levu bounded by a line running from Gusuilau earthmound at the mouth of Lau creek on the sea coast in Lau Bay southerly for a distance of approximately 2 miles to Nakavuta. Thence northerly for a distance of approximately 3 miles to Vuniborete earthmound. Thence westerly and southerly for a distance of approximately 2 miles to the point of commencement.

52 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Together with the small islands adjacent thereto and the islands of Mali and Vorovoro and the small islands adjacent thereto.

(2) Portion No. 2 That portion of the island of Vanua Levu bounded by a line running from Eba earthmound on Rubeyaganirubu creek south easterly for a distance of approximately 5 miles to Naqoroqoro. Thence westerly for a distance of approximately 1 mile to Vaturadua earthmound. Thence north westerly for a distance of approximately 5 miles to the confluence of Navuso creek with Nagadai creek. Thence northerly and easterly for a distance of approximately 6 miles to the point of commencement.

(3) Portion No. 3 That portion of the island of Vanua Levu bounded by a line running from the sea coast in Naduri Bay at Sawainimaqa earthmound, the westernmost corner of Nabala freehold, south easterly for a distance of approximately 48 miles to Nodrauqiqiyaganasausauwaki earthmound. Thence north easterly for a distance of approximately 22 miles to the mouth of the Sovani creek on the boundary between Vunicibicibi freehold and Navoavoa freehold on the sea coast. Thence along the sea coast north easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Nadogo, Vatuki, Nukuci, Kia, Mavuva, Macuata-i-wai and Nukubati and the small islands adjacent thereto. All such portions being more particularly delineated and edged in yellow on Plan P.P. 16 deposited in the office of the Director of Lands.

(e) THE TIKINA OF SASA The tikina of Sasa shall comprise that portion of the province of Macuata bounded by a line running from the sea coast at the mouth of Tabia River southerly for a distance of approximately 13 miles to Delainarairai. Thence westerly and southerly for a distance of approximately 7 miles to Naocovakalolo No. 1 earthmound.

Thence westerly for a distance of approximately 8 miles to Taqanavocoa No. 1. Thence northerly for a distance of approximately 28 miles to the sea coast at Sawanimaqa on Naduri Bay. Thence along the sea coast north easterly and easterly to the point of commencement excluding Macuata Portion No. 2. Together with the small islands adjacent thereto and the islands of Cakari, Malavi and Nukunuku. The whole of such area being more particularly delineated and edged in green on Plan P.P. 16 deposited in the office of the Director of Lands.

8. PROVINCE OF NADROGA AND NAVOSA

The province of Nadroga and Navosa shall comprise all that portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at Qalimaca Point northerly for a distance of approximately 23 miles to Vatunilevaleva Trigonometrical Station. Thence easterly for a distance of approximately 12 miles to Vugadrodrolevu Trigonometrical Station. Thence northerly for a distance of approximately 16 miles to Rairaikitasai. Thence northerly for a distance of approximately 36 miles to Navunitorilau. Thence westerly for a distance of approximately 58 miles to Korodranidole No. 2 earthmound. Thence southerly for a distance of approximately 12 miles to Korouluvatu Trigonometrical Station.

53 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Thence westerly and north westerly for a distance of approximately 22 miles to the west coast of Viti Levu. Thence by the sea coast first southerly and then easterly to the point of commencement. Together with the small islands adjacent thereto and the island of Vatulele and the Mamanuca and groups of islands including , Malolo, Namotu, , Qalito, and Tavua and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in red on Plan P.P.7 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BARAVI The tikina of Baravi shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from Qalimaca Point on the sea coast about 1 mile west of Navutulevu village northerly for a distance of approximately 16 miles to Tuvutau (Mt. Gordon) Trigonometrical Station. Thence westerly for a distance of approximately 16 miles to Navuwai earthmound. Thence southerly for a distance of approximately 11 miles to Vatuwaqa (rock) on the sea coast in Korotogo Bay. Thence following the sea coast generally easterly to the point of commencement. The whole of such area being more particularly delineated and edged in yellow on Plan P.P.7 deposited in the office of the Director of Lands.

(b) THE TIKINA OF CUVU The tikina of Cuvu shall comprise the following portions of the province of Nadroga and Navosa:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from the sea coast at the most westerly corner of Drekeniwai freehold and the most southerly corner of Navadugu freehold west of Cuvu Harbour northerly for a distance of approximately 12 miles to Tavunavaka earthmound. Thence easterly for a distance of approximately 6 miles to Nabale earthmound. Thence southerly for a distance of approximately 12 miles to the sea coast at the mouth of Yalasuna creek. Thence following the sea north westerly to the point of commencement. Together with the islands of Kaba and Yanuca.

(2) Portion No. 2 That portion of the island of Viti Levu bounded by a line running from Yarolevu earthmound westerly for a distance of approximately 2 miles to Nawau earthmound. Thence northerly for a distance of approximately 2 miles to Koroyaka Trigonometrical Station. Thence easterly for a distance of approximately 1 mile to Kalidruwe earthmound. Thence southerly for approximately 2 miles to the point of commencement. Both such portions being more particularly delineated and edged in blue on Plan P.P.7 deposited in the office of the Director of Lands.

(c) THE TIKINA OF MALOLO The tikina of Malolo shall comprise the islands of Malolo, Malololailai, Mana, Namotu, , Qalito, Tavua, and Yavuriba and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in mauve on Plan P.P.7 deposited in the office of the Director of Lands.

(d) THE TIKINA OF MALOMALO The tikina of Malomalo shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from the sea coast at the most westerly corner of Drekeniwai freehold and the most southerly corner of Navadugu freehold west of Cuvu Harbour northerly for a distance of approximately 44 miles to the north western corner of Nacobi freehold on the sea coast.

54 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Thence following the sea coast generally south westerly. Thence south easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Likuri, Navo and Tavarua. The whole of such area being more particularly delineated and edged in orange on Plan PP.7 deposited in the office of the Director of Lands.

(e) THE TIKINA OF NASIGATOKA The tikina of Nasigatoka shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from Vatuwaqa (rock).

Thence northerly for approximately 26 miles to Nasita earthmound. Thence westerly for approximately 22 miles to Vatuisara (rock). Thence southerly for approximately 24 miles to the sea coast at the mouth of Yalasuna creek. Thence along the sea coast easterly to the point of commencement. The whole of such area being more particularly delineated and edged in carmine on Plan P.P.7 deposited in the office of the Director of Lands.

(f) THE TIKINA OF NAVOSA The tikina of Navosa shall comprise the following portions of the province of Nadroga and Navosa:— (1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from Vugadrodrolevu Trigonometrical Station northerly for a distance of approximately 50 miles to Navunitorilau earthmound. Thence westerly for a distance of approximately 58 miles to Korodranidole No. 2 earthmound. Thence southerly for a distance of approximately 12 miles to Nadevo earthmound. Thence easterly for a distance of approximately 38 miles to the point of commencement. (2) Portion No. 2 That portion of the island of Viti Levu contained in tikina Tavua boundary bounded by a line running from the mouth of the Nakaruku creek at its junction with the right bank of the River and following the Nakaruku creek upstream to Nawaica. Thence north easterly to Matakodaka on the right bank of the Sigatoka River. Thence following the Sigatoka River downstream to the point of commencement. Both such portions being more particularly delineated and edged in brown on Plan P.P.7 deposited in the office of the Director of Lands. (g) THE TIKINA OF RUWAILEVU The tikina of Ruwailevu shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from Koroinadoko Trigonometrical Station southerly for a distance of approximately 7 miles to Vunalolorua earthmound. Thence westerly and south westerly for a distance of approximately 27 miles to Navuwai earthmound. Thence northerly for approximately 15 miles to Nasita earthmound. Thence easterly for approximately 27 miles to the point of commencement. The whole of such portion being more particularly delineated and edged in sepia on Plan P.P.7 deposited in the office of the Director of Lands. (h) THE TIKINA OF VATULELE The tikina of Vatulele shall comprise the island of Vatulele and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in green on Plan P.P.7 deposited in the office of the Director of Lands.

55 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

9. PROVINCE OF NAITASIRI

The province of Naitasiri shall comprise all that portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at the mouth of the Samabula River on the north side of Laucala Bay north westerly for a distance of approximately 46 miles to Rairaikitasai earthmound. Thence northerly for a distance of approximately 46 miles to Viakovi earthmound. Thence south easterly for a distance of approximately 68 miles to the mouth of Wainasi creek on the left bank of the Rewa River. Thence southerly for a distance of approximately 11 miles to the mouth of the River on the sea coast. Thence by the sea coast south westerly following the north side of Laucala Bay to the point of commencement. The whole of such area being more particularly delineated and edged in red on Plan P.P.8 deposited in the office of the Director of Lands.

(a) THE TIKINA OF LOMAIVUNA The tikina of Lomaivuna shall comprise that portion of the province of Naitasiri bounded by a line running from Delaidakua 1 earthmound south westerly for a distance of approximately 6 miles to the mouth of Naividiligo creek on Savu creek. Thence north westerly for a distance of approximately 17 miles to Dranovatu on the right bank of the Wainimala River. Thence following the Wainimala River downstream to its junction with the Rewa River. Thence easterly and southerly for a distance of approximately 13 miles to the point of commencement. The whole of such area being more particularly delineated and edged in yellow on Plan P.P.8 deposited in the office of the Director of Lands.

(b) THE TIKINA OF MATAILOBAU The tikina of Matailobau shall comprise that portion of the province of Naitasiri bounded by a line running from the mouth of Waikokodra creek at the foot of the Monasavu Falls. Thence northerly and easterly for a distance of approximately 14 miles to Naivavau Trigonometrical Station. Thence easterly and south easterly for a distance of approximately 28 miles to Nakoroniulevu Trigonometrical Station. Thence south westerly and westerly for a distance of approximately 36 miles to the point of commencement. The whole of such area being more particularly delineated and edged in orange on Plan P.P.8 deposited in the office of the Director of Lands.

(c) THE TIKINA OF NAITASIRI The tikina of Naitasiri shall comprise that portion of the province of Naitasiri bounded by a line running from the mouth of the Samabula River at the sea coast on the north western side of Laucala Bay running north westerly for a distance of approximately 11 miles to Wailosilosi on the Waimanu River. Thence north easterly for a distance of approximately 10 miles to Delaidakau No. 1 earthmound. Thence southeasterly for a distance of approximately 8 miles to Delaiwaivule earthmound. Thence southerly for a distance of approximately 13 miles to the mouth of the Nasinu River on the sea coast. Thence following the sea coast south westerly to the point of commencement. The whole of such area being more particularly delineated and edged in green on Plan P.P.8 deposited in the office of the Director of Lands.

56 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(d) THE TIKINA OF WAIMARO The tikina of Waimaro shall comprise that portion of the province of Naitasiri bounded by a line running from Naitaradamu Trigonometrical Station south easterly for a distance of approximately 17 miles to the junction of Waiturua creek with the Waimanu River. Thence following the Waimanu River downstream to the mouth of Wailosilosi creek. Thence northerly for a distance of approximately 20 miles to Dranovatu on the right bank of the Wainimala River. Thence westerly for a distance of approximately 20 miles to the point of commencement. The whole of such area being more particularly delineated and edged in brown on Plan P.P.8 deposited in the office of the Director of Lands. (e) THE TIKINA OF WAINIMALA The tikina of Wainimala shall comprise the following portions of the province of Naitasiri:— (1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from Tukivatukorokosiga earthmound westerly and southerly for a distance of approximately 14 miles to Naitaradamu Trigonometrical Station. Thence westerly for a distance of approximately 6 miles to Rairaikitasai earthmound. Thence northerly for a distance of approximately 14 miles to the head of the Monasavu Falls. Thence easterly for a distance of approximately 22 miles to the mouth of Waiveicabeti creek on the Waimanu River near Saumakia village. Thence southerly for a distance of approximately 8 miles from the point of commencement. (2) Portion No. 2 That portion of the island of Viti Levu bounded by a line running from Tokaravutia Trigonometrical Station north for a distance of approximately 16 miles to Viakavi earthmound. Thence south easterly for a distance of approximately 4 miles to Sivonakuala earthmound. Thence southerly and south westerly for a distance of approximately 16 miles to the point of commencement. Both such portions being more particularly delineated and edged in mauve on Plan P.P.8 deposited in the office of the Director of Lands.

10. PROVINCE OF NAMOSI

The province of Namosi shall comprise all the following portions of the island of Viti Levu:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at Naivakacau being the southernmost point of Naboro freehold north westerly for a distance of approximately 28 miles to Rairaikitasai earthmound. Thence westerly and southerly and westerly for a distance of approximately 21 miles to Tikituru Trigonometrical Station. Thence south easterly for a distance of approximately 39 miles to the mouth of the Togoru River on the south coast. Thence by the sea coast in a general north easterly direction to the point of commencement. Together with the small islands adjacent thereto and the islands of Naqara and Rukunivutu.

(2) Portion No. 2 57 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

That portion of the island of Viti Levu bounded by a line running from the left bank of the Navua River at its confluence with Namakadre creek northerly for a distance of approximately 1 mile to Wainivigasau earthmound. Thence westerly for a distance of approximately ½ a mile to the confluence of Wainivigasau creek with the Navua River. Thence along the Navua River downstream to the point of commencement. Both such areas being more particularly delineated and edged in red on Plan P.P.9 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NAMOSI

The tikina of Namosi shall comprise that portion of the province of Namosi bounded by a line running from Navukawaqa on the Waimanu River westerly for a distance of approximately 11 miles to the mouth of Wainividrai creek on Wainikovu creek. Thence northerly for a distance of approximately 13 miles to Qelekalia earthmound. Thence south easterly for a distance of approximately 13 miles to the junction of Waiturua creek with the Waimanu River. Thence following the Waimanu River upstream to Navukawaqa, the point of commencement. The whole of such are being more particularly delineated and edged in yellow on Plan P.P.9 deposited in the office of the Director of Lands.

(b) THE TIKINA OF VEIVATULOA

The tikina of Veivatuloa shall comprise that portion of the province of Namosi bounded by a line running from Naivakacau on the sea coast at the south western corner of Naboro freehold northerly for a distance of approximately 5 miles to Navukawaqa on the Waimanu River. Thence westerly for a distance of approximately 10 miles to the mouth of Wainiusaura Creek on Wainikovu creek. Thence south easterly for a distance of approximately 17 miles to the mouth of the Togoru River on the sea coast. Thence following the sea coast generally north easterly to the point of commencement. Together with the small islands adjacent thereto and the islands of Naqara, Rukunivutu and Vunisoco. The whole of such area being more particularly delineated and edged in orange on Plan P.P.9 deposited in the office of the Director of Lands.

(c) THE TIKINA OF WAINIKOROILUVA The tikina of Wainikoroiluva shall comprise the following portions of the province of Namosi:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from the mouth of Wainividrai creek on Wainikovu creek northerly for a distance of approximately 15 miles to Naitaradamu Trigonometrical Station. Thence westerly for a distance of approximately 6 miles to Rairaikitasai earthmound. Thence southerly and westerly for a distance of approximately 20 miles to Tikituru Trigonometrical Station. Thence south easterly for a distance of approximately 8 miles to Vunibituvua earthmound. Thence easterly for a distance of approximately 14 miles to the point of commencement.

(2) Portion No. 2 That portion of the island of Viti Levu contained in Tikina Serua Portion No. 3 bounded by a line running from the left bank of the Navua River at its confluence with

58 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Manakadre creek northerly for a distance of approximately 1 mile to Wainivigasau earthmound. Thence westerly for a distance of approximately ½ a mile to the confluence of Wainivigasau creek with the Navua River. Thence along the Navua River downstream to the point of commencement. The whole of such area being more particularly delineated and edged in green on Plan P.P.9 deposited in the office of the Director of Lands.

11. PROVINCE OF RA The Province of Ra shall comprise all that portion of the island of Viti Levu bounded by a line running from the north coast of Viti Levu at the north western most corner of Nasoro Native Grant on the south eastern side of Tavua Bay thence southerly for a distance of approximately 8 miles to Korolevu earth mound thence south easterly for a distance of approximately 25 miles to Naivauvau Trigonometrical Station. Thence easterly for a distance of approximately 27 miles to Navatuniveiyala earth mound thence northerly for a distance of approximately 9 miles to the mouth of the Doloulu Creek at the north western corner of Tanavuso Freehold on the north east coast thence by the sea coast firstly north westerly thence south westerly to the point of commencement; together with the small island of Macuata, Malake, Nananuira, Nananuicake. Tovu, Vatuira and the small islands adjacent thereto. The whole of such area being more particularly delienated and edged in red on Plan PP.442 deposited in the Ministry of Fijian Affairs, Suva; Commissioner Western Division, Lautoka; Provincial Office Ba, Provincial Office. Ra. (Substituted by Legal Notice No. 36 of 1991 s. 3.2)

(a) THE TIKINA OF NAKOROTUBU The tikina of Nakorotubu shall comprise that portion of the province of Ra bounded by a line running from the sea coast at the westernmost corner of Tanavuso freehold southerly for a distance of approximately 9 miles to Navatu-niveiyala earthmound. Thence north westerly for a distance of approximately 14 miles to the confluence of the Wainibuka River with Nautovoti creek. Thence northerly and south easterly along the sea coast to the point of commencement. Together with the small islands adjacent thereto and the islands of Tadruku and Vatuira. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 10 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NALAWA The Tikina of Nalawa shall comprise a portion of the Province of Ra on the island of Viti Levu. Limits and Boundaries—Commencing at Nalesilesi on a ridge on the main provincial boundary thence by a direct line westerly for 35 chains to Vunikaudrodro; thence by a direct line north westerly for 25 chains to Nakotokotodrawalu thence by direct line north westerly for 38 chains to Vunisatu thence by direct line north westerly for 121 chains to Delaimolaca on a ridge; thence north easterly following ridge, passing Boginimotu to Nodrakoronadikisau; thence south easterly descending to Motukoliku; thence north east by east crossing the Mali creek to Gakiwai on a spur; thence north easterly crossing the Mali creek and ascending to Vatukonailaqe on ridge; thence north easterly by a direct

59 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs line to Cavunamotokeisaivou; thence south easterly by direct line to Buliqele east north easterly by direct line to Namasaga on a ridge; thence easterly to Wailiwaliwa; thence south easterly to Sausau (beacon) on a ridge; thence following said ridge to Leqakinataci (1) on a ridge, the source of Waimacamaca Creek; thence following the right bank of the said creek downstream to a point about 10 chains north west of Tasakada; thence ascending south easterly to Tasakada on a spur thence continuing in the same direction by a direct line to Nakoroselutu on a ridge passing Navunitivi thence continuing in a similar direction following the said ridge to Koroqali; thence in an easterly and south easterly direction Werevuga; thence continuing in a similar direction to Vunidralabaci on a ridge; thence descending southerly to the source of the Nasasagasau creek; thence following the right bank of the said creek downstream to its junction with Veiribi Creek; thence following the right bank of the said creek downstream to its jucntion with the Nabua Creek; thence following the left bank of the said creek upstream to a point opposite the mouth of Motukosuka Creek; thence crossing the Nabua creek and following the left bank of Motukosuka creek upstream to its source thence ascending north westerly to Natokaika on a spur; thence southerly by direct line to Nakoroigata on a spur; thence south south westerly by direct line to Nakoroyaqona on a spur; thence south westerly by direct line to a point about 2 and three-quarter chains from Navunikarawa (in a north westerly direction and by direct line from Navunikarawa) on the right bank of Wairuku creek; thence following the right bank of the said creek downstream to its junction with the left bank of the Savu Creek; thence crossing the Savu creek and ascending south west by west to Navuni-yaumunu (1) on a spur; thence following the said spur in south, south westerly direction by direct line passing Nayaumunu (2) to Koroimotu; thence south westerly by direct line to Biaulevu; thence ascending south easterly to a large rock at Nailagovatu on the right bank of the Voca creek; thence following the right bank of the Voca creek upstream to its source thence ascending westerly to Wainibau on ridge; thence following the said ridge on a south westerly direction to the source of Turu creek at Boubuco; thence descending south westerly to Uluinacaca thence in the same direction to Wanalulu; thence descending south westerly by direct line to the mouth of Natauvale creek at Motukocawaisaro; thence following the left bank of the Naiova creek upstream to Vunivuga; to Vatani thence ascending north north easterly by direct line to Navunisei on a ridge; thence following the said ridge to Rokodrugu on a ridge; thence following the said ridge in a general westerly direction passing through Tavunaiwaca, Vunirauva, Sivonakula, Naividridriwai to Nalesilesi the point of commencement. The whole of such area being more particularly delienated and edged red on Plan PP. 444 deposited in the office of the Ministry of Fijian Affairs, Suva; Commissioner Western Divison, Lautoka; Provincial Office, Ba; Provincial Office, Ra. (Substituted by Legal Notice No. 36 of 1991 s. 3. 5)

(c) THE TIKINA OF RAKIRAKI The Tikina of Rakiraki shall comprise a portion of the Province of Ra, on the island of Viti Levu and the following adjacent islands or islets: Cubu, Macuata, Malolo, Nabua, Tovu, Tovulailai, Yadro and Nanuyakoto. Limits and Boundaries—Commencing at the mouth of Veiqumu creek on the sea coast; thence upstream along the said creek to Naqaliboro on the southern boundary of Waiqumu State Grant (SG 788); thence south easterly following Veiqumu creek upstream to its source at Tabaleniqoli on a ridge; thence by a direct line westerly ascending to Delainaisani; thence south south westerly by direct line passing through Uluinavere to Delainasamunakuro; thence south westerly by a direct line to Namasaqa Trigonometrical Station; thence south easterly descending to Vai-toganiboa and continuing in the same direction to the right bank of Nakauvadra creek; thence upstream along the said bank to its 60 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

junction with the Naikoro creek; thence along the right bank of Naikoro creek in south easterly direction to Matanivanua creek; thence upstream along the right bank of Matanivaua creek to Nadilo; thence leaving the creek and southerly to Naba; thence north easterly by direct line to Korovou on a spur; thence southerly along a ridge to Veiqisiqisi; thence south westerly along the Kauvadra range passing through Naquruquru, Vaturua, Vavituka, Nakadi and Uluicena Trigonometrical Station to Bocanivei- yala on the said range; thence by a direct line descending northerly to Tagiruku on a ridge; thence along Nadakunivatu creek upstream to the confluence of Nakauvadra and Nadakunivatu creeks; thence along Nakauvadra and Somiti creeks to Lauvanakovana the source of Somitu creek; thence by a direct line north westerly to Suvasuvatudamu Trigo- nometrical Station; thence generally south westerly along the eastern boundary of Caboni Freehold (SG.580) to Nasavenivalu on the southern most corner of Caboni Freehold; thence south easterly along the Kauvadra range passing through Tabalenikula Trigonometrical Station, Nailawa and Uluda Trigonometrical Station to Nasekula; thence along the left bank of Loqa or Laga creek downstream in southerly direction to its confluence with Somo creek; thence by direct line south easterly passing Navugasobetia (on a spur) crossing Qalisawira creek; passing Matairakiraki to Naveicamaca; thence along Wailailai creek downstream to its confluence with Vatukaloko creek; thence along the left bank of Vatukaloko creek to a point near its confluence with Dabedabelaci creek; thence south westerly by a direct line crossing the Dabedabelaci creek to Qeledromu thence by a direct line westerly crossing the Dabedabelaci creek to Matekorailo on a ridge thence by a direct line southerly passing Vatuburuburu and crossing the Wainibuka River to Tavewa or Nakoromadrai on a ridge thence by a direct line south easterly crossing a branch of the Wainamoli Creek twice to Nasakima thence by a direct line south easterly crossing the Navutoa creek to Naitataniduna thence still south easterly by a direct line crossing the Mali creek to Nasauka thence following a ridge south westerly to Koroveikita thence north easterly still following the ridge to Vatukonailaqe thence south south westerly by a direct line crossing the Nakasega creek to Gakinawai on a spur thence south westerly crossing to Mali creek to Motukoliku thence west north westerly ascending to Nodrakoronadikisau on a ridge thence south westerly following the ridge passing Boginimotu to Delaimolaca thence westerly still following the ridge to Viakovi thence north westerly still following the said ridge passing Navunivurianavanava to Mocekoroqou on the northern boundary of Nadala Native Grant (NG.2) thence generally westerly following that boundary along a high range along the district boundary through Nailesilesi to Nakoronibuluta thence northerly following the eastern boundary of Nubuilava Native Grant No. 1 along a high range to the north eastern corner of the Native Grant near the source of the Waikubukubu River thence northerly continuing along that range to Naitasi thence north westerly following a ridge to Navunidrou thence descending that ridge to Vitala thence north westerly following the same high range passing through Namasasa to Natabavakadua Trigonometrical Station (beacon) thence generally northerly following the range and passing through Vilakotako, Korovatu, Walu, Saunema and Matanudrawalu to Korolevu thence north easterly by a direct line passing through Tutunavokai on a high ridge, Matamata, Delaimatokolele, Piabo to Matasasa on a low spur thence to a point on the Matasasa stream about three and a half chains north east of Matasasa thence following down the Matasasa stream till it becomes the Dolodolo stream thence following down the Dolodolo stream to Nadolodolo on its left bank and on the south westerly boundary of Nasoro Native Grant NG. 113 thence north westerly following the said boundary of Nasoro Native Grant to Namadra thence 61 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

ascending north westerly along the boundary of the said State Grant to Cobota on a hill thence following the western boundary of Nasoro Native Grant passing through Vatukau, Nakorokase and crossing the Navibaba stream to the intersection with the southern most extremity of Naisara or Naqara State Grant SG.1062A; thence along the south eastern boundary of the said State Grant to a point on the left bank of the Dinibula or Naqara River about eight chains north of the southern most extremity of Naisara or Naqara State Grant thence along the Dinibula or Naqara State Grant thence along the Dinibula or Naqara River downstream to its mouth on the sea coast in Tavua Bay thence along the sea coast in a general easterly and north easterly direction to the point of commencement. The whole of such area being more particularly delienated and edged in red on Plan PP. 443 deposited in the office of the Ministry of Fijian Affairs, Suva; Commissioner Western Division, Lautoka: Provincial Office, Ba; Provincial Office, Ra. (Substituted by Legal Notice 36 of 1991 s. 3. 4)

(d) THE TIKINA OF SAIVOU The tikina of Saivou shall comprise that portion of the province of Ra bounded by a line running from the sea coast in Viti Levu Bay at Volivoli about ½ a mile easterly from Barotu village south easterly for a distance of approximately 14 miles to Navono on the left bank of the Lawaki River. Thence westerly and north westerly for a distance of approximately 13 miles to Mocekoroquo earthmound. Thence northerly for a distance of approximately 16 miles to Suvasuvatuidamu Trigonometrical Station. Thence easterly for a distance of approximately 21 miles to Namokowai at Ucuivatula Point on the sea coast in Viti Levu Bay. Thence along the shores of Viti Levu Bay south westerly and southerly to the point of commencement. The whole of such area being more particularly delineated and edged in brown on Plan P.P. 10 deposited in the office of the Director of Lands.

12. PROVINCE OF REWA

The province of Rewa shall comprise all the following portions of the island of Viti Levu:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at the mouth of the Samabula River on the north side of Laucala Bay north westerly for a distance of approximately 11 miles to Wailosilosi on the right bank of the Waimanu River. Thence following the Waimanu River upstream to Navukawaqa. Thence south easterly for a distance of approximately 5 miles to Naivakacau earthmound on the sea coast. Thence by the sea coast in a general easterly direction to the point of commencement. Together with the small islands adjacent thereto and the island of Beqa.

(2) Portion No. 2 That portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at the mouth of the Nasinu River on the north side of Laucala Bay northerly for a distance of approximately 5 miles to the mouth of Baleitoga creek 62 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs upstream on the right bank of the Rewa River.

Thence following the Rewa River downstream to creek on its left bank. Thence by Burebasaga creek to Nakaile. Thence easterly for a distance of approximately 5 miles to Naiselini earthmound on the sea coast. Thence by the sea coast first south westerly and then north westerly to the point of commencement, excluding Portion No. 2 Nakelo Tikina. Together with the small islands adjacent thereto and the islands of Nasoata and Laucala and the islands adjacent thereto. Both such areas being more particularly delineated and edged in red on Plan P.P. 11 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BEQA The tikina of Beqa shall comprise the island of Beqa and the small islands adjacent thereto, and the island of Nanuku. The whole of such area being more particularly delineated and edged in orange on Plan P.P. 11 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NOCO The tikina of Noco shall comprise that portion of the province of Rewa bounded by a line running from Nakaile on the left bank of Burebasaga or Naqio creek at the south east edge of Nakaile village easterly for a distance of approximately 6 miles to Naisalini 1 at the edge of tiri at high water mark. Thence south westerly to the mouth of the Nasoata River, excluding Sagasaga island (Tikina Rewa). Thence northerly for a distance of approximately 4 miles to the point of commencement, excluding Portion No. 2 Tikina Nakelo. Together with the islands of Noco and Valolo. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 11 deposited in the office of the Director of Lands.

(c) THE TIKINA OF REWA The tikina of Rewa shall comprise that portion of the province of Rewa bounded by a line running from the mouth of the Nasinu River at the sea coast on the northern side of Laucala Bay northerly for a distance of approximately 5 miles to the mouth of Baleitoga creek upstream on the right bank of the Rewa River. Thence following the Rewa River downstream to Burebasaga creek on its left bank. Thence by Burebasaga creek to Naqio. Thence southerly for a distance of approximately 4 miles to the mouth of the Nasala or Nasoata River at the sea coast. Thence following the sea coast southerly, westerly and northerly, to the point of commencement. Together with the small islands adjacent thereto and the islands of Makuluva, Nasoata, Nukulau, Sagasaga and Taituraga.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.11 deposited in the office of the Director of Lands.

(d) THE TIKINA OF SUVA The tikina of Suva shall comprise that portion of the province of Rewa bounded by a line running from the south coast to Viti Levu at the mouth of the Samabula River on the north side of Laucala Bay north westerly for a distance of approximately 11 miles to Wailosilosi on the right bank of the Waimanu River. Thence following the Waimanu River upstream to Navukawaqa. Thence south easterly for a distance of approximately 5 miles to Naivakacau on the sea coast. Thence by the sea coast in a general easterly direction to the point of 63 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs commencement. Together with the small islands adjacent thereto and the island of Namuka. The whole of such area being more particularly delineated and edged in green on Plan P.P. 11 deposited in the office of the Director of Lands.

13. PROVINCE OF SERUA

The province of Serua shall comprise all that portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at Qalimaca Point 1 mile west from Navutulevu village northerly for a distance of approximately 23 miles to Vatunilevaleva Trigonometrical Station. Thence easterly for a distance of approximately 7 miles to Tikituru Trigonometrical Station. Thence south easterly for a distance of approximately 37 miles to the mouth of the Togoru River on the south coast of Viti Levu. Thence by the sea coast in a general westerly direction to the point of commencement, excluding Portion No. 2 Wainikoroiluva Tikina. Together with the small islands adjacent thereto and the islands of Serua, Yanuca, Ugaga and Cakaunisici (Bird Island). The whole of such area being more particularly delineated and edged in mauve on Plan P.P. 12 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NUKU The tikina of Nuku shall comprise that portion of the province of Serua bounded by a line running from the south-west corner of the Wainikaroko freehold on the sea coast in Yarawa Bay northerly for a direction of approximately 5 miles to Korokayiu or Naoabekualevu Trigonometrical Station. Thence westerly for a distance of approximately 7 miles to Lokalevu Trigonometrical Station. Thence north easterly for a distance of approximately 4 miles to Natidrovia on the right bank of the Navua River. Thence easterly for a distance of approximately 15 miles to Naqarakowaisea earthmound on Wainasavu creek. Thence southerly for a distance of approximately 13 miles to the sea coast in Rovodrau Bay. Thence along the sea coast generally westerly to the point of commencement, excluding Tikina Serua Portion No. 2. Together with the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 12 in the office of the Director of Lands.

(b) THE TIKINA OF SERUA The tikina of Serua shall comprise the following portions of the province of Serua:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from Qalimaca Point on the sea coast about 1 mile west of Navutulevu village northerly for a distance of approximately 4 miles to Lokalevu Trigonometrical Station. Thence westerly for a distance of approximately 6 miles to Korokayiu (Naoabekualevu) Trigonometrical Station. Thence southerly for a distance of approximately 5 miles to the sea coast in Yarawa Bay. Thence following the sea coast generally westerly to the point of commencement. Together with the small islands adjacent thereto and the islands of Cakaunisici (Bird Island), Serua, Ugaga and Yanuca.

64 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(2) Portion No. 2 That portion of the island of Viti Levu bounded by a line running from Matanigasau on the sea coast on the eastern side of Korovou Bay north easterly to the right bank of Waivunu creek. * Thence southerly to the mouth of Wainiveilekutu creek on the sea coast. Thence along the sea coast south westerly and northerly to the point of commencement. Together with the small islands adjacent thereto.

(3) Portion No. 3 That portion of the island of Viti Levu bounded by a line running from the mouth of Qaraniqio creek in Rovodrau Bay northerly for a distance of approximately 15 miles to Naqarakowaisea earthmound. Thence south easterly for a distance of approximately 10 miles to the confluence of Wainikovu creek with Wainiusaura creek. Thence southerly for a distance of approximately 6 miles to Wainavadra on the left bank of the Navua River. Thence north easterly and south easterly for a distance of approximately 10 miles to the mouth of the Togoru River on the south coast of Viti Levu. Thence by the sea coast in a general westerly direction to the point of commencement, excluding Portion No. 2 Tikina Wainikoroiluva. Together with the small islands adjacent thereto.

(4) Portion No. 4 That portion of the island of Viti Levu bounded by a line running from Natidrovia on the right bank of the Navua River upstream to its confluence with Nubuonaboto creek. Thence northerly for a distance of approximately 11 miles to Vunaovatu. Thence easterly for a distance of approximately 6 miles to Tikituru Trigonometrical Station. Thence south easterly for a distance approximately 10 miles to the right bank of the Navua River. Thence upstream along the Navua River to the point of commencement. The whole of such portions being more particularly delineated and edged in mauve on Plan P.P. 12 deposited in the office of the Director of Lands.

14. THE PROVINCE OF TAILEVU

The province of Tailevu shall comprise all the following portions of the island of Viti Levu:—

Portion No. 1 That portion of the island of Viti Levu bounded by a line running from the north east coast of Viti Levu at the north western corner of Tanavasu freehold southerly for a distance of approximately 9 miles to Navatuniveiyala earthmound. Thence westerly for a distance of approximately 15 miles to the mouth of Kavikamailimali creek on the right bank of the Wainibuka River. Thence south easterly for a distance of approximately 60 miles to Naiselini on the sea coast. Thence by the sea coast first northerly and then north westerly to the point of commencement. ,, Together with the small islands adjacent thereto and the islands of Bau, Caqalai, Leleuvia, Mabualau, Naigani, Nukuleva, Qata, Qoma, Toberua, Vatuicake, Vatulami and Viwa and the small islands adjacent thereto.

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That portion of the island of Viti Levu bounded by a line running from Marakitirokomaba south easterly for a distance of approximately ½ a mile to Nasasa No. 1 earthmound on the southern ridge of Suva Viti (Suvalailai) village. Thence south westerly for a distance of approximately ½ a mile. Thence north westerly for a distance of approximately ½ a mile to the point of commencement. Both such areas being more particularly delineated and edged in red on Plan P.P. 13 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BAU The tikina of Bau shall comprise the following portions of the province of Tailevu:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from Matanibure on the left bank of the Rewa River at the south western corner of Vucimaca freehold easterly for a distance of approximately 6 miles to the mouth of the Dravo or Waidamu River at the sea coast. Thence following the sea coast generally north westerly to Qilaqila at the mouth of Qilaqila creek. Thence south westerly for a distance of approximately 6 miles to the junction of Wainawa creek with the Rewa River on its left bank. Thence following the Rewa River downstream to the point of commencement. Together with the small islands adjacent thereto and the islands of Bau, Caqalai, Drala, Leleuvia, Mabualau, Nakalawaca, Telau, Toberua and Viwa and the small islands adjacent thereto.

(2) Portion No. 2 That portion of the island of Viti Levu bounded by a line running from Matameirabala earthmound on the sea coast and on the northern boundary of Navuloa freehold northerly for a distance of approximately 1 mile to Vukava earthmound on the sea coast. Thence following the sea coast north easterly, easterly and south westerly to Matameirabala earthmound to the point of commencement. Together with the small islands adjacent thereto.

(3) Portion No. 3 That portion of the island of Viti Levu bounded by a line running from Nageseya earthmound on the sea coast in Vunivatu Bay south westerly and north westerly for a distance of approximately 2 miles to a point on the Nasilai River south of the Nukutaiva creek. Thence north easterly to the mouth of the Kiuva creek on the sea coast. Thence following the sea coast southerly and southwesterly along Vunivatu Bay to the point of commencement. Together with the islands adjacent thereto. The whole of such portions being more particularly delineated and edged in mauve on Plan P.P. 13 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NAKELO The tikina of Nakelo shall comprise the following portions of the province of Tailevu:—

(1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from Matanibure at the south western corner of Vunimaca freehold on the left bank of the Rewa River easterly for a distance of approximately 6 miles to the mouth of the Dravo or Waidamu River at the sea coast. Thence crossing the Navuloa River entrance easterly to Vukava.

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Thence southerly for a distance of approximately 1 mile to Matameirabala earthmound on the sea coast. Thence following the boundary of Nuvuloa freehold generally southerly to the mouth of Kiuva creek. Thence south easterly for a distance of approximately 3 miles to the Nasilai River. Thence following the Nasilai River downstream to the mouth of Nailagovesi creek. Thence north easterly for a distance of approximately 1 mile to Nageseya on the sea coast in Vunivatu Bay. Thence following the sea coast generally south easterly to Naisalini 1. Thence easterly for a distance of approximately 6 miles to Nakaile on the left bank of Burebasaga or Naqio creek at the south eastern edge of Nakaile village. Thence following Burebasaga creek upstream to its northern mouth on the Rewa River. Thence following the Rewa River upstream to Matanibure, the point of commencement. Together with the small islands adjacent thereto.

(2) Portion No. 2 That portion of the island of Viti Levu bounded by a line running from Marakitirokomaba south easterly for a distance of approximately ½ a mile to Nasasa No. 1 earthmound on the southern edge of Suva Viti (Suvalailai) village. Thence south westerly for a distance of approximately ½ a mile. Thence north westerly for a distance of approximately ½ a mile to the point of commencement. The whole of such portions being more particularly delineated and edged in orange on Plan P.P. 13 deposited in the office of the Director of Lands.

(c) THE TIKINA OF SAWAKASA The tikina of Sawakasa shall comprise that portion of the province of Tailevu bounded by a line running from the sea coast at the westernmost corner of Tanavuso freehold southerly for a distance of approximately 22 miles to the junction of Naitevutevuniibe creek with Waica creek at Naitevutevuniibe earthmound. Thence easterly for a distance of approximately 7 miles to the mouth of Toga creek on the sea coast. Thence following the sea coast northerly and north westerly to the point of commencement, excluding Portion No. 2, Tikina Wainibuka. Together with the small islands adjacent thereto and the islands of Naigani, Nukulevu, Omini, Qata, Qomalevu and Vatuicake, and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in yellow on Plan P.P.13 deposited in the office of the Director of Lands.

(d) THE TIKINA OF The tikina of Verata shall comprise that portion of the province of Tailevu bounded by a line running from the mouth of Toga creek on the sea coast easterly for a distance of approximately 20 miles to the junction of Wainimolau creek with the left bank of the Wainimala River. Thence south easterly for a distance of approximately 18 miles to Delaiwaivule. Thence south easterly and north easterly for a distance of approximately 5 miles to the mouth of Naqilaqila creek at Qilaqila on the sea coast. Thence following the sea coast generally northerly to the mouth of Toga Creek, to the point of commencement. Together with the small islands adjacent thereto and the islands of Tawainave and Vatulami. The whole of such portions being more particularly delineated and edged in green on Plan P.P.13 deposited in the office of the Director of Lands.

(e) THE TIKINA OF WAINIBUKA The tikina of Wainibuka shall comprise the following portions of the province of

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Tailevu:— (1) Portion No. 1 That portion of the island of Viti Levu bounded by a line running from a rock on a ridge about 3½ chains southerly from Navatuniveiyala. Thence southerly for a distance of approximately 12 miles to the junction of Naitevutevuniibe creek with Waica creek at Naitevutevuniibe. Thence westerly for a distance of approximately 16 miles to the source of Waidaurewa creek. Thence northerly for a distance of approximately 10 miles to the junction of Kavikamalimali creek with the right bank of the Wainibuka River. Thence easterly for a distance of approximately 14 miles to the point of commencement. (2) Portion No. 2 That portion of the island of Viti Levu commencing at Waimako on the right bank of the Wainivesi River about 50 chains south easterly from Naivicula village westerly and north westerly for a distance of approximately 4 miles to Nakoba. Thence South easterly for a distance of 3 miles to Gusuiwaidrou on the right bank of the Wainivesi River. Thence downstream along the Wainivesi River, passing Naivicula village, to the point of commencement. The whole of such portions being delineated and edged in brown on Plan P.P. 13 deposited in the office of the Director of Lands.

SECTION 6—FIJIAN AFFAIRS (COURTS) REGULATIONS 7 Regulations of 17th September 1948

TABLE OF PROVISIONS REGULATION

Part 1—Preliminary 1. Short title Part 2—Jurisdiction and Powers 2. Jurisdiction—Fijian courts 3. Power of court to enforce order 4. Default of compliance with order of court 5. Jurisdiction, criminal and civil, of Tikina Court and of Provincial Court 6. Limit of jurisdiction

Part 3—Practice and Procedure

Division 1—General 7. Language of courts 8. Employment of legal practitioners

Division 2—Criminal Proceedings 9. When court may issue summons 10. How charge laid

7 These Regulations were made through Regulations of 17th September 1948 and were subsequently amended by Regulations , of 10th November 1951, 8th October 1952, 22nd November 1957, 22nd November 1961; Decree No. 35 of 1989, Chapter 9 Constitutional (Amendment) Act. No. 13 of 1997

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11. To be one matter only at a time 12. Form of summons and service 13. Proof of service of summons 14. Service out of jurisdiction of court 15. Proof of service before court serving summons 16. Non-appearance of party summoned 17. When a warrant may issue in the first instance 18. Proceedings on arrest 19. Property believed stolen 20. Compelling attendance of witnesses 21. Charge to be laid within six months 22. When defendant does not appear 23. When complainant does not appear 24. Appearance of both parties, trial and adjudication 25. Adjournment 26. Payment of expenses or compensation out of fine 27. Corporal punishment 28. Punishment of females 29. Punishment of children 30. Where person already undergoing imprisonment 31. What warrant of commitment must contain 32. Signature of documents issued by Provincial Court 33. Power of court on conviction 34. Scale of imprisonment in default of payment of fine 35. Recognizances 36. Punishment for not obeying order 37. Enforcing recognizance 38. Recognizance to come up for judgment

Division 3—Civil Proceedings 39. Commencement of action 40. Service of summons 41. Subpoena 42. Procedure at hearing of summons. Notes of evidence 43. Adjournment 44. Judgment 45. Default of appearance of plaintiff 46. Default of appearance of defendant 47. Allowance to witnesses 48. Mode of enforcing a judgment 49. Power of court to enforce order 50. Default in compliance with order of court other than payment of money

Part 4—Miscellaneous 51. Court fees. Criminal and civil 52. How fines, etc., dealt with 53. By whom proceedings may be taken 54. Costs

Schedule—Forms Part 1—Preliminary Short title 1. These Regulations may be referred to as the Fijian Affairs (Courts) Regulations.

Part 2—Jurisdiction and Powers

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Jurisdiction—Fijian courts 2.—(1) Subject to the provisions of these Regulations, Provincial and Tikina Courts shall have jurisdiction— (a) to try and to convict all persons charged with committing offences; (b) to make orders for the payment of any sum of money by any regulation declared to be recoverable before a magistrate; (c) to make orders for the doing or abstaining from doing any act prescribed to be done or not to be done by any regulation where the regulation prescribes no punishment for doing or not doing the act or provides that a court may make an order but does not prescribe that the order is to be enforced by a fine or imprisonment; (d) to bind over persons to be of good behaviour; (e) in any case in which the court is empowered to order the payment of a fine only, to enforce the payment by imprisonment as is in these Regulations provided; (f) to exercise such other powers and to do such other acts not before mentioned as may be prescribed by regulations. (2) In civil proceedings every magistrate shall have power to administer oaths and to take affidavits, solemn declarations and affirmations. (Inserted by Regulations of 22nd November 1961.)

Power of court to enforce order 3. Where power is given to a court by these or any other Regulations relating to Fijian Affairs to require any person to do or abstain from doing any act or thing and no mode is prescribed for compelling the person to do so, the court may in whatsoever manner seems fit order the person to do or abstain from doing the act or thing. Default of compliance with order of court 4.—(1) Unless otherwise provided in the regulation on which the order is based a person disobeying for a period of seven days, any order of a court may, upon application being made to the court and on proof of the disobedience, be ordered to pay a sum not exceeding 50 cents for every day during which he has disobeyed the order, or to be imprisoned until he consents to obey the order. (2) No person shall, for disobeying any such order as is mentioned in regulation 3 and in paragraph (1), be liable to imprisonment for a period or periods amounting altogether to more than three months or to the payment of any sums exceeding in the aggregate $50.

Jurisdiction, criminal and civil, of Tikina Court 5.—(1) The Tikina Court shall have jurisdiction to try any charge, not being a charge by any regulation directed to be tried by a Provincial Court, where the prescribed punishment on conviction does not exceed, in the case of a fine, $20 and, in the case of imprisonment, a term of two months. (Amended by Regulations of 10th November 1951.)

(2) The Tikina Court shall have jurisdiction to try actions where the parties thereto are Fijians and when the sum of money or the value of the property claimed does not exceed the sum of $20 and the defendant is resident within the jurisdiction of the court. (3) The Tikina Court shall be an open court to Fijians only who shall have the right to attend in so far as the accommodation of the court building permits. (4) The Provincial Court shall have jurisdiction to try any charge where the prescribed punishment on conviction exceeds, in the case of a fine, $20 and, in the case of imprisonment, a term of two months. (5) The Provincial Court shall have jurisdiction to try actions where the parties thereto are Fijians and where the sum of money or the value of the property claimed exceeds $20 but does not exceed $100 and the defendant is resident within the jurisdiction of the court. (6) The Provincial Court shall have jurisdiction to try any matter where the punishment on conviction for disobedience of an order of court to do or abstain 70 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs from doing a thing is imprisonment for a term exceeding two months. (7) The room or place in which any Provincial Court sits shall be open to the public in so far as the accommodation of the court building permits.

Limit of jurisdiction 6. The jurisdiction of a Tikina or Provincial Court shall extend over the tikina or province in which it is situated and over any territorial waters adjacent to the tikina or province within which such court is situated, as well as over the inland waters whether within or adjacent to such tikina or province.

Part 3—Practice and Procedure

Division 1—General

Language of courts 7. The language of Fijian courts shall be Fijian.

Employment of legal practitioners 8. Any person enrolled as a legal practitioner of the High Court shall be entitled to practise in any Fijian Court. (Substituted by Regulations of 22nd November 1957.; Chapter 9 of Act No. 13 of 1997)

Division 2—Criminal Proceedings

When court may issue summons 9. In all cases in which a charge is made before the court— (a) that any person has committed or is suspected of having committed any offence within the jurisdiction of the court; (b) that any person has or has not done any act for doing or not doing which he is liable to have an order made against him by the court for payment of any fine or for the doing or not doing of any act, the court may issue a summons directed to that person.

How charge laid 10. The court may require the charge to be put in writing, when it shall be in Form 1 in the Schedule.

(Form 1)

To be one matter only at a time 11. Every charge shall be for one offence only, but it shall be lawful for the prosecutor to lay one or more charges against the same person at the same time. The court hearing the charges may, when it considers it necessary, deal with them either together or separately.

Form of summons and service 12. Every summons shall be in Form 2 in the Schedule and shall be served by a constable or, in his absence, by the person to whom the same may be delivered for service upon the person to whom it is directed by delivering it to him personally, or, if he cannot be conveniently found, by leaving it for him with some person at his last or most usual place of abode. (Form 2)

Proof of service of summons 13. The person who serves the summons shall either make and file an affidavit 71 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs of the service or attend before the court at the time and place mentioned therein to depose, if necessary, to the service thereof.

Service out of jurisdiction of court 14. Where a person against whom a charge is made, or from whom a sum of money or any property is claimed, is beyond the jurisdiction of the court before whom the charge or claim is made but within the jurisdiction of another Tikina or Provincial Court, it shall be lawful for the court before whom the charge or claim is made, when a summons for the appearance of such person is issued, to transmit the summons to that other court with a request for service thereof and in any such case the court issuing the summons shall allow such time for appearance of the person summoned as in the opinion of the court is necessary to enable him to appear.

Proof of service before court serving summons 15. When a summons is served in pursuance of regulation 14 the court shall cause the day and date of service to be proved before the court by affidavit according to the form on the back of the summons and forward the same to the court by which the request for service was made, and in that case it shall not be necessary for the person serving the summons to attend at the hearing as provided in regulation 13, but the affidavit shall be received in evidence in lieu thereof.

Non-appearance of party summoned 16. If the person served with a summons does not appear at the time and place mentioned in the summons, and it is made to appear to the court on oath that the summons was duly served within a reasonable period before the time for his appearance as aforesaid, the court, after taking such evidence on oath to substantiate the matter of the charge as it considers necessary, may issue its warrant in Form 3 in the Schedule to apprehend the person so summoned as aforesaid. (Form 3)

When a warrant may issue in the first instance 17.—(1) In all cases where a charge is made, the court, if it thinks it expedient that a warrant be issued instead of a summons shall cause the charge to be written and verified by oath of the person making the charge and may issue its warrant in Form 3 in the Schedule to apprehend the person charged. The court may issue the warrant, notwithstanding that a summons in respect of the matter charged has been issued, at any time before the time of the appearance in that summons mentioned. (Form 3)

(2) The warrant shall remain in full force until executed. It may be executed by any constable in any part of the Fiji Islands, and no signature other than that of the magistrate issuing it shall be necessary.

Proceedings on arrest 18.—(1) When a person has been apprehended under a warrant, he shall be brought before the court so issuing the warrant and thereupon, either by warrant in Form 4 in the Schedule committed to prison, or orally to the custody of the officer apprehending him, or to such other safe custody as may be thought fit; and the court may order him to be brought up at a certain time and place before it and shall give notice of the order to the person laying the charge; but no committal under this section shall exceed two weeks. (Form 4) (2) Upon the request of the person making the charge, if he is present when the person charged is so brought before the court, the court may proceed to hear the case forthwith if the person charged consents.

Property believed stolen 19. When a court is satisfied on evidence upon oath that there is reasonable cause to believe that any property whatsoever alleged to have been stolen is in any place, the court may grant a warrant in Form 5 in the Schedule to search for the property and, if the same or any part thereof be found, to bring it and the owner or 72 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs occupier of the place where the property is found before the court granting the warrant. (Form 5)

Compelling attendance of witnesses 20.—(1) If it is made to appear to a court that any person is likely to give or produce evidence which the court thinks should be given or produced in any matter where a charge is made and that such person will not voluntarily appear for the purpose of being examined as a witness or of producing that evidence, the court may issue its summons in Form 6 in the Schedule to such person requiring his attendance or the production of the aforesaid evidence which shall be sufficiently described in the summons. (Form 6)

(2) If the court is satisfied by evidence upon oath that the person aforesaid will not attend unless compelled to do so, the court may issue a warrant in Form 7 in the Schedule instead of a summons. (Form 7)

(3) If a person attending as a witness, or so summoned or brought up on a warrant as aforesaid, refuses to be examined on oath or refuses to take the oath or, having taken the oath, refuses without just cause to answer any lawful question put to him, the court may by warrant in Form 8 in the Schedule commit that person to prison for any period not exceeding ten days; unless he in the meantime consents to be examined upon oath and to answer the question. (Form 8)

Charge to be laid within six months 21. Every charge shall be made within six months from the time the offence was committed, unless the law relating to the particular case prescribes a longer period within which the charge made be made.

When defendant does not appear 22. If at the time and place of hearing mentioned in a summons the person charged does not appear and it is proved on oath that the summons was duly served on him within a sufficient period before the time appointed for his appearance and if the court does not think it expedient to issue a warrant for his apprehension, the court may proceed to hear and determine the case without his appearance.

When complainant does not appear 23. If at the time and place appointed the person charged is before the court and the person making the charge, having had due notice, does not appear, the court may dismiss the charge or adjourn the hearing as to it seems fit. In the event of the charge being dismissed the court may make such order as to payment of compensation by the complainant to the defendant and his witnesses for loss of time as to the court seems just. The compensation to be paid shall be limited to such sum or sums not exceeding 50 cents for each day or part of a day of attendance.

Appearance of both parties, trial and adjudication 24.—(1) If both parties appear, the court shall cause the substance of the charge to be stated to the person charged and ascertain his plea. The court shall then hear the complainant and such evidence as he may adduce. The person charged shall have the right to cross-examine the complainant and any witness called by him. The court shall then hear such evidence, which may be given on oath, as the person charged adduces in his defence. The complainant shall have the right to cross-examine the person charged, if he is on oath, and any witnesses called by him. The court shall take full notes of the evidence given by both parties. (2) The court shall then consider the whole matter and may record a conviction or dismiss the information: Provided that the verdict given by a Provincial Court shall be the verdict agreed upon by a majority of the magistrates of such court. (3) If the court finds the defendant guilty and imposes a sentence of 73 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs imprisonment a warrant of commitment shall be drawn up in accordance with one or other of Forms 9 and 10 in the Schedule, or as near thereto as circumstances permit, and shall be signed by the magistrate by whom the same is issued. (Forms 9 and 10) (4) Any person liable to imprisonment for an offence against any regulation may be sentenced to pay a fine instead of imprisonment. (Inserted by Regulations of 10th November 1951.)

Adjournment 25.—(1) The court may at any time adjourn, but in no instance shall the adjournment exceed a period of one month. (2) Notice of adjournment given by the court in the presence of both parties shall be deemed to be sufficient notice of such adjournment. (3) If at the time and place appointed by the court for any adjourned hearing either or both of the parties do not appear, the court may then and there proceed with the further hearing of the case as if the party or parties were present. Payment of expenses or compensation out of fine 26. Whenever a court imposes a fine, or a sentence of which a fine forms part, the court may, when passing judgment order the whole or any part of the fine recovered to be applied— (a) in defraying expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence. Corporal punishment 27.—(1) Whenever a court orders a sentence of corporal punishment such sentence shall be carried out privately, without undue delay, and in the presence of a Government medical officer. (2) No court may order a sentence of corporal punishment exceeding twelve strokes. (3) Every such sentence shall be subject to confirmation by the Minister and shall not be carried into effect until so confirmed. (Inserted by Regulations of 10th November 1951.)

Punishment of females 28.—(1) Whenever by these or any other Regulations a court has power to order punishment of any kind upon a female, it shall be lawful for the court to order her in lieu of the punishment by law provided to plait mats at her own place of abode, within such time as the court may order, the value of which shall be calculated on the basis of a mat six feet by three feet being equivalent to 50 cents. (2) Such mats shall be handed to the court and sold and the proceeds paid into provincial funds by the magistrate or presiding magistrate within a reasonable time. Punishment of children 29. Where a child is found guilty of an offence he shall not be liable to be imprisoned but the court may deal with the case by any of the following methods:— (a) dismiss the charge; (b) discharge the offender and commit him to the care of a relative or other fit person; (c) order the father or mother, next of kin or guardian to enter into a recognizance as provided for in regulation 35 for the child's good behaviour; (d) order the father or the mother, next of kin or guardian to pay a fine, damages or costs; (e) order the child, if a male, to be privately whipped on the same day as the conviction with not more than ten strokes of the cane in the presence of a magistrate, a Government medical officer and the father or mother, next of kin or guardian.

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Where person already undergoing imprisonment 30. Where the person charged is adjudged to be imprisoned and he is then undergoing imprisonment upon conviction for any other offence, the court may direct and shall in that case enter on the warrant of commitment for the subsequent offence, that imprisonment therefor shall commence at the expiration of the period of imprisonment to which the prisoner was previously sentenced, or the court may order the sentences to be concurrent.

What warrant of commitment must contain 31. No warrant of commitment shall be held void by reason of any statement or want of statement whatsoever therein, provided it is therein stated that the party has been convicted and there is a lawful conviction to sustain it.

Signature of documents issued by Provincial Court 32. All charges, summonses, warrants or other documents issued by a Provincial Court may be sworn before or signed by one of the magistrates of that court, and no documents shall require a seal in any court.

Power of court on conviction 33. A court by whose conviction any sum is adjudged to be paid, may do all or any of the following things, namely:— (a) order imprisonment unless the sum be paid forthwith; or (b) allow time for the payment of the said sum; or (c) direct payment of the said sum to be made by instalments; and order imprisonment in default of payment of any instalment.

Scale of imprisonment in default of payment of fine 34. The period of imprisonment inflicted by a court under these or any other Regulations, in respect of the non-payment of any sum of money adjudged to be paid or in respect of the default of payment of any instalment of that sum, shall be according to the following scale:— (a) when the amount of the sum or sums of money adjudged to be paid does not exceed $2, the said period shall not exceed seven days; (b) when the amount of the sum or sums of money adjudged to be paid exceeds $2 but does not exceed $10, the said period shall not exceed one month; (c) when the amount of the sum or sums of money adjudged to be paid exceeds $10 but does not exceed $20, the said period shall not exceed two months; (d) when the amount of the sum or sums of money adjudged to be paid exceeds $20 but does not exceed $50, the said period shall not exceed three months; (e) when the amount of the sum or sums of money adjudged to be paid exceeds $50 but does not exceed $100, the said period shall not exceed six months. Recognizances 35. Any person may summon another to show cause why he should not be bound over in recognizance to be of good behaviour towards the complainant, and the complainant and the person charged and witnesses may be called and examined before the court. The court may thereupon make an order in Form 11 in the Schedule adjudging the person charged to enter into a recognizance in Form 12 in the Schedule with or without sureties in that behalf. (Form 11, Form 12)

Punishment for not obeying order 36. Where the person charged fails to comply with any such order as in regulation 35 mentioned, the court may adjudge him to be imprisoned for any period not exceeding six weeks, unless he in the meantime consents to enter into the recognizance aforesaid. 75 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Enforcing recognizance 37. Where such recognizance has been entered into before a magistrate, the court, upon proof that the condition thereof has not been observed, may adjudge the person bound thereby to pay the sum for which he is bound. The payment may be enforced in the same manner as a fine. Recognizance to come up for judgment 38. When a person is convicted of any offence the court may, instead of passing sentence, discharge the offender upon his entering into his own recognizance in Form 12 in the Schedule, with or without sureties, in such sum as the court may think fit, conditioned that he shall appear to receive judgment at some future sitting of the court or when called upon. (Form 12)

Division 3—Civil Proceedings Commencement of action 39. For the purpose of commencing any action the plaintiff may apply to the court for a writ of summons in Form 13 in the Schedule and the particulars of claim and of the order sought to be obtained shall be set out therein and signed by the plaintiff. The writ of summons shall be signed and filed by the magistrate and a copy issued by him for service on the defendant. (Form 13)

Service of summons 40. The copy writ of summons signed by the plaintiff shall be served by him or someone on his behalf upon the defendant personally. If for any reason personal service cannot be promptly effected, the court may, upon proof of the fact by the plaintiff and the defendant being within the court's jurisdiction, direct that the same be left with some person other than the defendant, if the magistrate is satisfied that through such person the issue of the writ of summons and its contents will come to the knowledge of the defendant.

Subpoena 41. It shall be lawful for either party to an action to obtain from the court before which a claim is made a subpoena to a witness to give evidence at the hearing, in Form 14 in the Schedule, and the court upon request shall issue the same. (Form 14) Procedure at hearing of summons.

Notes of evidence 42. Upon the hearing of the writ of summons the court shall first cause the substance of the claim to be stated to the defendant who shall then be asked whether he is or he is not indebted. If the defendant pleads "not indebted" the court shall then hear the evidence of the plaintiff and such other evidence as he may adduce. The defendant shall have the right to cross-examine the plaintiff and any witness called by him. The court shall then hear such evidence as the defendant adduces in his defence and the plaintiff shall have the right to cross-examine the defendant and any witness called by him. The court shall take full notes of the evidence given by both parties.

Adjournment 43.—(1) The court may at any time adjourn, but in no instance shall the adjournment exceed a period of one month. (2) Notice of adjournment given by the court in the presence of both parties shall be deemed to be sufficient notice of such adjournment. (3) If at the time and place appointed by the court for any adjourned hearing either or both of the parties do not appear, the court may then and there proceed with the further hearing of the case as if the party or parties were present.

Judgment 44. On completion of the hearing the court shall give judgment by making such order in the matter as in the nature of the case seems just: Provided that the order made by a Provincial Court shall be the order agreed upon 76 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs by a majority of the magistrates of such court.

Default of appearance of plaintiff 45. If a plaintiff does not appear on the day named in the writ of summons for the hearing thereof, the court may dismiss the summons and order payment by the plaintiff to the defendant and his witnesses, if those witnesses have attended at the place of hearing, of such compensation for loss of time as to the court seems just.

Default of appearance of defendant 46. If a defendant does not appear on the day named in the writ of summons for the hearing thereof, the court may, upon proof that the same has been served and on the plaintiff proving to the court's satisfaction the claim sought to be enforced, make such order upon the writ of summons as the nature of the case demands; and the order may provide for the payment by the defendant to the plaintiff and his witnesses if those witnesses have attended at the place of hearing, of such compensation for loss of time as to the court seems just.

Allowance to witnesses 47. The compensation to be paid under the provisions of regulations 45 or 46 shall be limited to such sum or sums not exceeding 50 cents for each day or part of a day of attendance as the court thinks reasonable.

Mode of enforcing a judgment 48. Upon a judgment of the court for any sum of money the court may— (a) order the sum to be paid forthwith, and in default of payment order that the defendant be imprisoned; or (b) order the sum to be paid by instalments; and (c) in default of payment of any instalment order that the defendant be imprisoned: Provided that any imprisonment ordered under this section be according to the scale given in regulation 34; and provided also that no order of imprisonment be made unless it is proved to the satisfaction of the court that the person making default has the means to pay and refuses or neglects to do so.

Power of court to enforce order 49. Where power is given to a court by these or any other Regulations relating to Fijian Affairs to require any person to do or abstain from doing any act or thing other than the payment of money, and no mode is prescribed for compelling the person to do so, the court may in whatever manner seems fit order the person to do or abstain from doing the act or thing.

Default in compliance with order of court other than payment of money 50.—(1) Unless otherwise provided in the regulation on which the order is based, a person disobeying for a period of seven days any order of a court other than for the payment of money may, upon application being made to the court and on proof of the disobedience, be ordered to pay a sum not exceeding 50 cents for every day during which he has disobeyed the order, or to be imprisoned until he consents to obey the order. (2) No person shall for disobeying any such order as is mentioned in this and in regulation 49, be liable to imprisonment for a period or periods amounting altogether to more than three months or to the payment of any sums exceeding in the aggregate $50.

Part 4—Miscellaneous Ccourt.fees Criminal and Civil 51.—(1) The following fees shall be charged and taken in proceedings before a court:— Cents 77 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

On entering charge ...... 10 For every summons or warrant to apprehend, including service or execution of the same ...... 10 For every search warrant ...... 10 For taking recognizance ...... 10 For hearing in a civil matter (this fee must be paid by the plaintiff at the time the summons is issued) ...... 10 For hearing a case for recovery of a debt ...... 20 For every subpoena to a witness ...... 05

(2) No fee shall be charged for the hearing and determination of any charge brought by a constable in discharge of his duty or by an officer empowered under any regulation to enter a charge.

How fines, etc., dealt with 52. All fees, fines and other moneys received by a Tikina or Provincial Court shall be accounted for and paid over by the magistrate or presiding magistrate, as the case may be, of such court to the Provincial Treasury for payment to the credit of the provincial funds of the province wherein the conviction has taken place or the order has been made.

By whom proceedings may be taken 53. Unless otherwise provided in these Regulations, proceedings for offences against these Regulations may be taken by any buli or by any turaga ni koro, or by any constable.

Costs 54. The court shall have discretion as to the awarding of costs in every case.

Schedule

FORM 1

(Regulation 10)

Cents Entering charge ...... 10 Every summons ...... 10 Warrant to apprehend ...... 10 Taking recognizance ...... 10

Receipt No. . Criminal case No.

WRITTEN CHARGE

In the *Provincial/Tikina Court of

[Name of person making charge] of [and address] states (on oath) that [name of person charged] [and address] on the day of , 20 , at [place where offence alleged to have been committed] in the *Province/Tikina of [here state the charge, and the regulation under which the charge is laid].

(Signature of person making the charge)

*Taken/Sworn before me the undersigned Magistrate for the *Province/Tikina 78 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs aforesaid this day of , 20 .

Magistrate *

Delete the word which does not apply.

FORM 2 SUMMONS TO DEFENDANT

(Regulation 12)

In the Provincial/Tikina Court of

To [name of defendant] of [address].

You are hereby commanded to appear before this Court sitting at on the day of , 20 , at o'clock in the noon there to answer the charge of [name of person making charge] of [address] that you on the day of , 20 , at [place where offence alleged to have taken place] [here state the charge, and the regulation under which the charge is laid] and be dealt with according to law. Dated this day of , 20 . Magistrate AFFIDAVIT OF SERVICE (To be printed on back of Form 2)

In the Provincial/Tikina Court of I [name and address of deponent] make oath and say that I did on the day of , 20 , serve a true copy of the within summons on the within named defendant by delivering the same to at (Signature of deponent) Sworn before me at this day of , 20 . Magistrate taking oath

FORM 3 WARRANT TO APPREHEND DEFENDANT (Regulation 16)

In the Provincial/Tikina Court of To each and all the Constables of the Fiji Islands. Bring [name of defendant] of [address] before this Court to answer a charge laid against him by [name of person making charge] and substantiated by oath that he the said [name of defendant] at [place where offence alleged to have been committed] on the day of , 20 , [here state the charge, and the regulation under which the charge is laid]. Given under my hand this day of ,20 . Magistrate

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FORM 4 WARRANT REMANDING DEFENDANT (Regulation 18)

Case No. 20 . Warrant No. 20 . In the Provincial/Tikina Court of

To each and all the Constables of the Fiji Islands and to the Officer in Charge of the prison at . [Name of defendant] of [address] has been brought before me under arrest to answer the following charge [here state the charge, and the regulation under which the charge is laid.] You the said Constables are therefore commanded to take [name of defendant] safely to the said prison and there deliver him together with this warrant to the officer in charge thereof who is hereby directed to receive him into custody in the said prison and there him safely keep until the day of , 20 , and then have him at [place where Court sits] at o'clock in the noon before the Court there sitting.

Given under my hand this day of , 20 . Magistrate

FORM 5 SEARCH WARRANT (Regulation 19)

In the Provincial/Tikina

Court of

To each and all the Constables of the Fiji Islands.

Whereas an information has been this day of , 20 , sworn before me that [here state nature of information] and I consider the production of [state the thing in respect of which offence has been committed] is essential to the conduct of an examination into such information. You are therefore commanded with proper assistance to enter certain premises, that is to say: [describe the premises] by force, if necessary, and to search the same for certain property, that is to say: [describe the property] alleged to have been stolen and believed to be upon the said premises. And if that property or any part of it be there found to bring it and the owner or occupier of the said premises before this Court.

Given under my hand this day of , 20 . Magistrate

FORM 6 SUMMONS TO WITNESS (Regulation 20 (1)) 80 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

In the Provincial/Tikina Court of To [Name of witness] of [address]. Whereas a charge has been made by [name of person making charge] of [address] that [name of defendant] of [address] [here state the charge]. And it appears to me that you are likely to give or produce material evidence on behalf of the (a) and will not voluntarily appear for that purpose. You are therefore commanded to appear before this Court sitting at on the day of , 20 at o'clock in the noon to testify what you know in the matter and to bring with you and produce thereat (b) . Dated this day of , 20 . Magistrate (a) Complainant or defendant. (b) State documents to be produced.

FORM 7 WARRANT TO APPREHEND WITNESS (Regulation 20 (2))

In the Provincial/Tikina Court of To each and all the Constables of the Fiji Islands Whereas a charge has been made by [name of person making charge] of [address] that [name of defendant] of [address] [here state the charge].

And it appears to me by the oath of that [name and address of witness] will not attend to give or produce evidence on behalf of the (a) unless compelled to do so.

You the said Constables are therefore commanded to bring the said [name of witness] before this Court sitting at on the day of , 20 , at o'clock in the noon to testify what he knows in the matter and to bring with him and produce thereat (b)

Given under my hand this day of , 20 . Magistrate (a) Complainant or defendant. (b) State documents to be produced.

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FORM 8

WARRANT TO COMMIT WITNESS (Regulation 20 (3)) Warrant No. 20 . In the Provincial/Tikina Court of

To each and all the Constables of the Fiji Islands and to the Officer in charge of the prison at Do you the said Constables take [name of person committed] safely to the said prison and there deliver him to the Officer in charge thereof together with this warrant. And do you the Officer in charge of the said prison receive him and keep him for days unless he in the meantime consents to be examined and to answer in the matter of a charge by [name of person making charge] against [name of defendant].

Given under my hand this day of , 20 . Magistrate FORM 9 WARRANT OF COMMITMENT WHEN PUNISHMENT IS BY IMPRISONMENT (Regulation 24)

Case No. 20 .

Warrant No. 20 .

In the Provincial/Tikina Court of

To each and all the Constables of the Fiji Islands and to the Officer in charge of the prison at [Here state name of person committed] was on the day of , 20 , duly convicted before this court for [state offence of which person has been convicted].

The Court adjudged the said [name of person committed ] for his said offence to be imprisoned in the prison at for [term of imprisonment]. You the said Constables are therefore commanded to take the said [name of person committed] safely to the said prison and there deliver him to the Officer in charge thereof who is hereby directed to imprison him for [term of imprisonment].

Given under my hand this day of , 20 . Magistrate

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FORM 10

WARRANT OF COMMITMENT IN DEFAULT OF PAYMENT OF A FINE (Regulation 24)

Case No. 20 . Warrant No. 20 . In the Provincial/Tikina Court of

To each and all the Constables of the Fiji Islands and to the Officer in charge of the prison at [Here state name of person fined] was on the day of , 20 , duly convicted before this Court for [state offence of which person has been convicted] and ordered to pay the sum of forthwith (or on the day of , 20 ), (or by instalments of on the day of , 20 , and the day of ,20 , and in default of payment of any instalment to be imprisoned for ). [Here state name of person fined] has not paid the said sum (or the time appointed for the payment of the said sum has expired) (or [name of person fined] has failed to pay the instalment of the said sum due on the day of , 20 ). You the said Constables are therefore commanded to take the said [name of person fined] safely to the said prison and deliver him to the Officer in charge thereof who is hereby directed to imprison him for unless the said sum (or unless the said instalments of the said sum) shall be sooner paid. Given under my hand this day of , 20 . Magistrate

FORM 11

ORDER TO ENTER INTO A RECOGNIZANCE

(Regulation 35)

In the Provincial/Tikina Court of It is hereby adjudged that [name of person bound] do forthwith to the satisfaction of the Court enter into a recognizance in the sum of (with sureties in the sum of each) to be of good behaviour towards the State and all its people and especially towards [name of person complaining] for the period of next following.

And it is adjudged that if [name of person bound] fail to comply with this order he be imprisoned in the prison at unless he sooner complies with this order.

Dated this day of , 20 . Magistrate

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FORM 12

RECOGNIZANCE (Regulations 35 and 38)

In the Provincial/Tikina Court of (a) We the undersigned severally acknowledge to owe to the State the several sums following, namely: [name of principal person bound] of [address] as principal, the sum of [amount of money], and [name of surety] of [address] as surety the sum of [amount of money] the payment whereof shall be enforced in the same manner as a fine if the said [principal person bound] fail in the condition hereon endorsed. (Signature of principal) (Signature of surety)

Taken before me this day of , 20 . Magistrate CONDITION The condition of this recognizance is such that if [name of principal person bound] abovenamed shall— (1) be of good behaviour towards the State and its subjects and especially towards [name of person complaining] for the period of months now ensuing; and (b) (2) appear and receive sentence when called upon at any time during a period of years from the date hereof; then this recognizance shall be void, but otherwise shall remain in full force. (a) The words in this part of the form should be suitably amended or deleted if the person bound enters into the recognizance without a surety. (b) Delete this condition if it does not apply.

FORM 13

Cents Hearing in civil matter ...... 10 Hearing for recovery of debt ...... 20 Every subpoena ...... 05 Receipt No. WRIT OF SUMMONS (Regulation 39)

Civil Case No. 20 . In the Provincial/Tikina Court of (Civil Jurisdiction) To [name and address of person against whom claim is made] of . You are commanded to appear before this Court sitting at on the day of , 20 , at o'clock in the noon to answer a claim by [name and address of person making the claim] against you. And take notice that if you fail to appear as aforesaid the Court may proceed to hear and determine the claim in your absence. Dated this day of ,20 . Magistrate

84 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

PARTICULARS OF CLAIM

The plaintiff claims [here state the particulars of the claim and the order of the Court sought to be obtained].

$ c. Sum claimed ...... Court fees ......

Total ...... (Signature of plaintiff)

Note.—This writ shall be served ten clear days before the date of hearing. AFFIDAVIT OF SERVICE (To be printed on back of Form 13) I [name and address of deponent] make oath and say that I did on the day , 20 , serve a copy of the within writ of summons on the within named defendant by delivering the same to at . (Signature of deponent) Sworn before me at this day of , 20 . Magistrate FORM 14

SUBPOENA (Regulation 41) In the Provincial/Tikina Court of (Civil Jurisdiction)

To [name and address of witness]. Whereas a writ of summons has been filed in an action by [name and address of plaintiff] of against [name and address of defendant] of for [here state the particulars of the claim]. And the above-named (a) has requested the Court to issue a subpoena to you the said [name of witness] to give evidence at the hearing. You are therefore commanded to attend before this Court sitting at on the day of , 20 , at o'clock in the noon to give evidence in the above-named action on behalf of the (a)

Dated this day of , 20 . Magistrate

(a) Plaintiff or defendant.

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SECTION 6—FIJIAN AFFAIRS (EXTRAMURAL PUNISHMENT) REGULATIONS Regulations of 30th April 1966

TABLE OF PROVISIONS REGULATION 1. Short title 2. Extramural punishment 3. Conditions of punishment 4. Failure to comply with conditions 5. Food and lodging

Short title 1. These Regulations may be cited as the Fijian Affairs (Extramural Punishment) Regulations.

Extramural punishment 2. A Roko, if he is of opinion that any person sentenced by any court to imprisonment for any period not exceeding six months, or liable to be committed to prison for any period not exceeding six months for non-payment of a fine or costs, should be employed on public work outside the prison, may, unless he is precluded from so doing by the sentence of the court, direct such person to be employed and such person shall not be imprisoned, or, if imprisoned shall be released, and shall be employed without remuneration on such public work in the province as may be specified by the Roko, under the supervision of such provincial official or other person as the Roko may appoint.

Conditions of punishment 3. The period during which a person required to be employed on public work under the provisions of these Regulations shall work, subject to remission, be equal to the term of imprisonment to which he is sentenced or which he is required to undergo. The daily task on which such person shall be employed shall be such as, having regard to his physical capacity, he might complete in six hours.

Failure to comply with conditions 4. If a person required to be employed on public work under the provisions of these Regulations—

(a) fails to present himself at the appointed hour; or (b) absents himself from his task; or (c) fails to accomplish a day's task; or (d) is otherwise unsatisfactory in his conduct, the Roko may order that such person shall suffer the imprisonment to which he is sentenced or which he is required to undergo, subject nevertheless to a deduction of the number of days on which he has completed the daily task, and such person shall be committed to prison accordingly.

Food and lodging 5. All prisoners required to be employed on public work under the provisions of these Regulations shall provide their own food and lodging during the period they are so employed.

86 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6—FIJIAN AFFAIRS (INTERPRETATION) REGULATIONS 8 Regulations of 16th July 1966,

TABLE OF PROVISIONS REGULATION 1. Short title 2. Interpretation of certain terms

Short title 1. These Regulations may be cited as the Fijian Affairs (Interpretation) Regulations.

Interpretation of certain terms 2. In these Regulations and in all other notices, orders, proclamations, regulations, rules or other instruments made or issued in pursuance of the provisions of the Act before or after the commencement of these Regulations, the following words and expressions shall have the meanings hereby assigned to them respectively unless there is something in the context or subject inconsistent with such meaning or unless it is therein otherwise expressly provided:— (1) "accounting officer" means an officer charged under the provisions of the Act with the collection, custody and disbursement of revenue; (2) "buli" means the official appointed as such by the appropriate authority and includes an acting buli; (3) "court" means a magistrate or magistrates having jurisdiction to determine the matter before him or them; (4) "fine" means any sum of money ordered by the court to be paid; (5) "Government medical officer" means a medical practitioner registered as such under the provisions of the Medical and Dental Practitioners Act, and employed by the Government or any person registered under the provisions of that Act as a medical officer; and includes any person conditionally so registered. (6) "magistrate" means any district officer appointed to be a magistrate of any class under the provisions of the Magistrates' Courts Act and includes a Fijian Magistrate appointed under the Act. (7) "nurse" means any registered nurse; (8) "provincial funds" means revenue derived by any province from rates or any other source and includes money deposited with the provincial treasury for safe-keeping; (9) "provincial office" means the office or offices in a province in which provincial business is transacted; (10) "provincial treasury" means the accounting office or office of any province; (11) "register of landowners" means the list kept by the Native Lands Commission giving the names of the members of Fijian landowning units such list being otherwise known as the Vola ni Kawa; and "registered member" and grammatical variations and cognate expressions thereof shall have a corresponding meaning; (12) "Roko" or "" means the official appointed as such by the appropriate authority and includes an acting Roko or Roko Tui; (13) "Treasurer" means the chief accounting officer of the Board; (14) "turaga ni koro" means the person elected by show of hands by the inhabitants of a village and approved by the tikina council or appointed in such manner as may be prescribed by the Board, to see to the carrying out of social services or to undertake such duties as may be prescribed;

8 These Regulations were made through Regulations of 16th July 1966 and were subsequently amended by Legal Notices Nos. 33 of 1968, 112 of 1970 and No. 81 of 1977

87 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(15) "village" means any settlement established on native land according to custom or law or any settlement declared to be a village under a by-law duly approved by the Board, or in such other manner as may be prescribed by the Board, and published in a newspaper published in the Fijian language and circulating in the Fiji Islands. (Amended by Legal Notices Nos.33 of 1968, 112 of 1970 and No. 81 of 1977.)

SECTION 6—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS9

TABLE OF PROVISIONS

REGULATION Part 1—Preliminary 1. Short title 2. Interpretation

Part 2—Membership, Staff and Meetings

3. Membership and tenure 4. Chairperson 5. Vice-Chairperson 6. Co-opted members 7. Public Officers 8. RokoTui 9. Other officers 10. Board staff 11. Standing Orders 12. Advisers . 13. Letter of acceptance of office 14. Resignation 15. Removal from office 16. Expenses and allowance 17. Disqualification 18. Effect of disqualification 19. Filling of vacancies 20. Election and appointment 21. Non-attendance 22. Meetings

9 These Regulations were made on 29th July 1966 and amended by Legal Notices Nos. 82ofl967, 48 of l968, Local Government Notices Nos. 7 of 1969,15 of 1969,18 of 1969, Legal Notice No. 112 of 1970, Local Government Notices Nos. 2 of 1971, 5 of 1971, 6 of 1971,10 of 1971,11 of 1971, Legal Notices Nos. 95 of 1972,137 of 1972, 73 of 1973, 82 of 1974, 247 of 1974, 60 of 1975, 89 of 1976, 80 of 1977, 184 of 1977, 170 of 1978, 68 of 1979, 106 of 1979, 95 of 1980, 37 of 1981, 75 of 1981, 64 of 1983, substituted by Legal Notice No. 60 of 1996 and amended b y Legal Notices No. 107 of 2001 and No. 17 of 2002

88 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

23. Decisions 24. Disclosure of interests

Part 3—Powers and Functions 25. Powers and functions 26. Power to amend Schedule 27. By-laws 28. Publication 29. Committees 30. Annual report

Part 4—Finance 31. Provincial fund 32. Annual estimates 33. Annual accounts 34. Provincial levy

Part 5—Land Rate 35. Land rate 36. Rateable land 37. Valuation 38. Rate book 39. Notification of Rate book, etc. 40. Appeals 41. Making of land rate 42. Demand notice 43. Methods of payment 44. Enforcement 45. Grant of leases or licenses 46. Savings

Part 6—Provincial Rate 47. Provincial rate 48. Registration 49. Exemptions 50. Recovery of rates

Part 7—Soli Vakavanua

51. Soli Vakavanua Part 8—General

52. Council to act on directions 53. Repeal 54. Transitional provision 55. Translation Part 1—Preliminary

Short title 1. These Regulations may be cited as the Fijian Affairs (Provincial Councils) Regula-tions, 1996 and shall come into force on 12th July 1996.

Interpretation 2. In these regulations unless the context otherwise requires— "Act" means the Fijian Affairs Act; 89 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

"Board" means the Fijian Affairs Board constituted under Section 4 of the Act and regulation 3 of the Fijian Affairs (Fijian Affairs Board) Regulations, 1996; "Chairperson" means the person designated under regulation 4; "Council" means the Provincial Council constituted under Section 7 of the Act and regulation 3; "Gazette" means the Fiji Republic Gazette;

"member" means member of the Council; "Minister" means the Minister responsible for Fijian Affairs;

"NA MATA" means the official publication of the Board under that name published in the Fijian language; "Secretary" means the Secretary of the Provincial Council delegated under regulation 8; "Tikina" means a specific Fijian local government area within a province as specified under Column 2 of the First Schedule to these regulations; "Village" means any settlement established on native land according to custom or law or any settlement declared to be a village under a by-law duly approved by the Board, or in such other manner as may be prescribed by the Board, and published in the "NA MATA"

Part 2—Membership, Staff and Meetings

Membership and tenure 3.— (1) The members of a Provincial Council shall be—

(a) such a number of members nominated by each Tikina subject to the number of villages, whereby a Tikina which has more than ten (10) villages will nominate two (2) members and those Tikinas with ten (10) or less villages to nominate one (1) member as specified in column 4 of the first schedule to this Regulation and a member so nominated holds office for 3 years:

Provided that the person or persons (as the case may be) nominated by each Tikina must at the time of nomination be a permanent resident of that Tikina, and has been so resident in that Tikina for a period of at least 12 months before being appointed as representative of the said Tikina to its Provincial Council.

(Amended by Legal Notice No. 17 of 2002 s. 2)(Inserted by Legal Notice No. 128 of 2008))

(b) the Chairperson of each Tikina Council in a Province, who shall hold office for as long as he or she is Chairperson of that Tikina Council;

(c) persons, not less than two but not more than five appointed by the Minister to represent the registered members of the land owning units of the province who permanently resided outside such a province and the person so appointed shall hold office for a period of three (3) years; 90 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(d) a woman appointed by the Minister to represent all the women organisations of the Province, who shall hold office for a period of three (3) years;

(e) a person, not being over the age of thirty years at the date of his or her appointment, appointed by the Minister to represent all the youth organisations in the Province, who shall hold office for a period of three (3) years;

(f) such number of members as may be appointed by the Minister and the members so appointed shall hold office for a period of (3) three years. (1 A) A person who holds an office by virtue of his or her appointment as a Minister may become a member of his or her Provincial Council in accordance with sub-regulation (1). (Inserted by Legal Notice No. 107 of 2001 s. 2)

(2) Appointed and nominated members are eligible to be members for a further term.

(3) Names of members of the Council shall be published in the Gazette and in the next issue of the "NA MATA".

Chairperson 4.—(1) There shall be a Chairperson for each Council who shall be elected annually by each Council from amongst its members and the Secretary of the Council shall preside for the purpose of conducting such election. (2) The election of the Chairperson shall be the first business transacted at the first meeting of the Council each year and the Chairperson is eligible for re- election at the end of each year.

(3) The Chairperson shall, unless he or she resigns or becomes disqualified, continue in office until a successor is elected.

(4) A council may pay its Chairperson such allowance as the Council thinks reasonable, for the purpose of enabling the Chairperson to meet the expenses of the office, but in any case such allowance shall not exceed $1,000.00 per annum.

Vice-Chairperson 5.—(1) A Council shall elect annually from amongst its members a Vice- Chairperson. (2) The Vice-Chairperson shall, unless he or she resigns or becomes disqualified, hold office until immediately after the election of a chairperson at the first meeting of the Council in the following year.

(3) Subject to any standing orders made by the Council, anything authorised or required to be done by, to or before the Chairperson may be done by, to or before the Vice-Chairperson in the absence of the Chairperson.

(4) A Council may pay its Vice-Chairperson such allowance as the Council think reasonable for the purpose of enabling him or her to meet the expenses of his or her office but in any case such allowance shall not exceed $500 per annum.

(5) Where at a meeting the Vice-Chairperson is unable to act as Chairperson in the absence of the Chairperson, the Council may elect another member to preside at that meeting. 91 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Co-opted members 6. The Chairperson may, where he or she considers it necessary so to do, co- opt any person to be member of a Council and such member may participate at the meeting but shall not vote. Public officers 7. Any public officer, excluding an employee of the Board or of a Council, may be elected or appointed to be member of a Council: Provided that an employee of the Board may be elected or appointed as member with the approval of the Minister. The Roko Tui 8. The Roko Tui for each Province shall be the Chief Executive Officer, Chief Accounting Officer and Secretary to the Council.

Other Officers 9.—(1) Subject to the provisions of regulation 10 a Council may appoint such other officers and staff as it may require. (2) For the purpose of carrying out the functions of a Council, every officer of the Board serving in a Provincial Office shall be deemed to be an employee of a Council.

Board staff 10. The Board, in consultation with the officer or staff, may enter into an agreement with any Council for the placing at the disposal of that Council for the purpose of its functions, on such terms as may be provided by the agreement, the services of an officer.

Standing Orders 11. Each Council may, with the approval of the Minister, make standing orders to regulate the engagement, salaries, conditions of service, dismissal, and all other matters relating to the employment of persons in its service, subject to the provisions of the Act and any other written law.

Advisers 12. A Council may invite any person to attend any of its meeting as adviser.

Letter of acceptance of office 13. A person appointed or nominated to be a member of a Council shall not have his or her membership confirmed unless he or she has signed a letter of acceptance of office in the form prescribed under the second schedule to these regulations, before the Secretary.

Resignation 14. A member of a Council may at any time resign his or her seat of office by written notice delivered to the Secretary and his or her resignation shall take effect upon the receipt of the notice by the Secretary.

Removal from Office 15.—(1) The Council may suspend or remove any of its members on the strength of a resolution passed by a two-third majority of the Council for conduct which, in the opinion of the Council, constitutes neglect of duty, incapacity to perform Council duties or misconduct. (2) A member shall not be suspended or removed by the Council unless the resolution was taken on a substantive motion filed with the Secretary not less than twenty-one days preceding the sitting of such Council.

Expenses and allowance 16. Members may be paid, whilst on the Council's business, reasonable expenses incurred by them and subsistence allowance at a rate fixed by such Council and approved by the Minister. 92 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Disqualification

17.—(1) No person shall be qualified to be a member of a Council if he or

she—

(a) holds any paid office of employment in the Council; (b) subject to regulation 7, holds any paid office of employment in the Board;

(c) is a person who has been adjudged bankrupt; or

(d) is a person of unsound mind within the meaning of the Mental Treatment Act; or (e) is under a sentence of imprisonment for a period of not less than six months.

(2) No person shall be appointed or nominated as a member of a Council unless his or her name appears in the register of Native Landowners as a member of a Yavusa or a landowning unit of the Tikina which he is representing.

Procedures for disqualification 18.—(1) A member who becomes disqualified under regulation 17 during his or her term of office shall cease to be a member from the date any of the circumstances leading to his or her disqualification takes place and the Roko shall inform the member in writing of his or her disqualification. (2) A person who knowingly acts or claims to be member of a Council while so disqualified commits an offence and shall be liable upon conviction to a fine not exceeding $200.00 or to imprisonment for a term not exceeding 2 months or to both such fine and term of imprisonment.

Filling of vacancies 19.—(1) Whenever a member of a Council dies, resigns or ceases to hold office, the Secretary shall inform the appointing or nominating authority in writing of the vacancy existing for the purpose of replacing a member. (2) No replacement may be appointed or nominated if a period of three months remains of that membership.

Election and appointment procedures 20. (a) A member nominated under regulation 3(l)(a) shall be chosen by consensus or, if an election is carried out by show of hands, the decision shall be by a simple majority of the members present. (b) The names of the members under regulation 3(l)(b) shall be submitted to the Secretary at the beginning of each year, preceding the first meeting of a Council, (c) The Permanent Secretary for Fijian Affairs in consultation with the Roko Tui of a province, shall submit to the Minister names of persons, out of which, not less than three and not more than five persons shall be appointed under regulation 3(l)(c). (d) The Permanent Secretary for Fijian Affairs in consultation with the Roko Tui of a Province, shall submit to the Minister names of more than three persons, out of which one person shall be appointed under regulation 3(l)(d).

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(e) The Chief Permanent Secretary for Fijian Affairs in consultation with the Roko Tui of a province, shall submit to the Minister names of not more than three persons out of which one person shall be appointed under regulation 3(l)(e).

(f) The Permanent Scretary for Fijian Affairs in consultation with the Roko Tui of a province, shall submit to the Minister names of persons who shall be appointed under regulation 3(1)(f).

Non -attendance 21.—(1) A member who fails to attend three consecutive meetings of a Council without reasonable excuse shall be deemed to have ceased being a member and shall vacate his or her office. (2) Attendance as a member at a meeting of any committees or sub- committees of the Council or other body by whom for the time being any of the functions of the Council are being discharged, shall be deemed for the purposes of sub-regulation (1) to be attendance at a meeting of the Council. (3) A member who is unable to attend any meetings of the Council by reason of the member's absence from the Fiji Islands for the purpose of further training or for education for any government or national assignment abroad shall not be disqualified from membership but such member may be asked to relinquish his or her membership if the period of absence is for more than half of the term of his or her membership.

Meetings. 22.—(1) A Council shall meet at least twice each year and the first of such meeting shall be held either in the month of January or February or March as the Council may determine while the second meeting shall be held either in the month of October or November or December as determined by the Council. (2) The Council may in every year hold such other meetings as it may determine in addition to the meetings required to be held under sub-regulation (1). (3) Any meeting called under sub-regulation (1) or (2) shall be fixed by notice giving at least 21 clear days before the commencement of the meeting and the notice shall also require that motions are to be filed within 7 clear days before the meeting date. (4) The Chairperson of a Council may at any time on his or her own initiative or at the request of the Minister, call an extraordinary meeting of the Council. (5) Where an extra-ordinary meeting is requested by the Minister, the Chairperson shall call the meeting within seven days after receiving a written request signed by the Minister. (6) Where the Chairperson refuses to call the meeting or does not call a meeting within seven days as required under sub-regulation (5) the Minister may call an extra-ordinary meeting of the Council. (7) The meeting of a Council shall be held at such place, either within or without their area and time, as the Council may direct. (8) Each Council may make rules regulating its proceedings and mode of conducting its business. (9) The Secretary of the Council shall compile a report of the meeting and submit a copy of the report to the Chief Executive Officer for Fijian Affairs.

Decisions 94 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

23. Decisions of a Council shall be made by a majority vote of members present and in case of an equality of votes the Chairperson shall, in addition to a deliberative vote, also have a casting vote.

Disclosure of interests 24.—(1) A member or Adviser who has any interests, direct or indirect, in any contract or other matters, and is present at a meeting of the Council at which the contract or other matter is being considered, shall as soon as practicable after the commencement of the meeting disclose such interests and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it, unless the Chairperson is satisfied and makes a decision that it will be in order for the member or Adviser to participate unconditionally or upon conditions, at that meeting. (2) A member or Adviser who fails to declare his or her interest under sub- regulation (1) commits an offence and shall be liable upon conviction to a fine not exceeding $400 unless he or she proves that he or she did not know that the contract or other matter being discussed would benefit him or her.

(3) A prosecution for an offence under this regulation may be instituted by or on behalf of the Council.

Part 3—Powers and Functions

Powers and functions 25.—(1) The functions of a Council shall be— (a) to formulate and implement policies for promoting the health, peace, order, welfare and good government of Fijian residents in the Province;

(b) to formulate and implement policies for promoting the economic, cultural and social development of the Province; and,

(c) to carry out such other duties and functions which the Minister or the Board may see fit to delegate to the Council.

(2) A Council shall have power to make by-laws with respect to any functions entrusted to or vested in it under the provisions of the Act or these regulations for the purpose of enabling it to carry out the duties conferred upon it and with respect to all or any of the following matters: (a) roads, paths, tracks, jetties and landing places; (b) medical relief, public health and child welfare; (c) recreation and sports grounds; (d) village planning; (e) water supplies; (f) education and libraries; (g) cemeteries; (h) the promotion of agriculture, fisheries, forestry, animal husbandry, tourism and agriculture; (i) markets and pounds; (j) provincial transport and carriage of mails. (3) All the inhabitants of a Province, Tikina or village, between the ages of eighteen and sixty shall be required and be called upon to participate in the

95 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs performance of services for the common benefit and welfare of the people of the Province, Tikina and village. (4) In this regulation the following services shall be deemed to be services for the common benefit and welfare of the people, hereinafter called "social services"— (i) making and maintenance of unproclaimed roads; (ii) building and repairing houses;

(iii) planting and upkeep of food crops; (iv) assisting in surveys under the direction in each instance of the surveyor employed in the survey of the boundaries of all or any native land, the subject of inquiry by the Native Lands Commission or the Commissioner appointed under the Native Land (Native Reserves) Regulations; (v) conveying of sick persons. (5) It shall be the duty of the Assistant Roko to liaise with the Chairperson of a Tikina Council or the Turaga ni Koro of a village in connection with any social service required to be carried out and the time and place of its reference and to ensure the proper performance for the social service.

Power to amend Schedule 26. The Board may, at the request of a Council, amend any Schedules to these regulations that directly affect that Council and shall cause the amendment to be published in the gazette and the "NA MATA".

By-laws 27.—(1) A Council may make by-laws for the purposes of levying special local rates or charging fees to enable any work or services to be executed or provided in accordance with the powers and functions referred to in sub-regulation (2) of regulation 25 which work or services would, in the opinion of the Council, give special benefit to a particular area of such province or to any particular persons or class of persons, and may levy such rates or charge such fees in any such area of the province or upon any such persons or class of persons, and be levied in such manner, as may be specified in such by-laws.

(2) It shall be lawful for a Council to make and pass by-laws to provide for— (a) the carrying out of the provisions of any regulation when that regulation provides that a by-law may be made for that purpose; (b) the good government of Fijians residing in or being members of the community of a Province; (c) the imposition of rates to be paid by Fijians residing in or being members of the community of a Province; and (d) any other matter deemed by the Council to be of benefit to the Fijians residing in the Province. (3) It shall be the duty of the Roko to cause the by-laws to be made known in every village of each Tikina in the Province by sending a copy of each by-law to the Chief of each Tikina, and to keep a record of approved by-laws. (4) Any person who contravenes or fails to obey any by-law so made and approved commits an offence and shall be liable on conviction to a fine not 96 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs exceeding $200 or to imprisonment for a term not exceeding 2 months or to both such fine and term of imprisonment.

Publication of by-laws 28. All by-laws shall be subject to the approval of the Board and shall be published in the Gazette and in the "NA MAT A" and be translated into the Fijian language.

Committees 29.—(1) A Council may appoint Committees to deal with questions of finance, planning and development, health, education, agriculture and staff (if necessary).

(2) A Council may appoint such other standing or special Committees to deal with such other matters as the Council may consider appropriate.

(3) Any Committee appointed by a Council shall consist of a Chairperson and such number of members and advisers as the Council may by resolution determine. (4) Any Committee appointed by a Council shall have powers and functions as the Council may by resolution determine. (5) A Committee may co-opt any person to be member with no voting rights, but the number of persons co-opted shall not exceed one-third of the total number of members or one -half of the number of members forming the quorum of the Committee.

Annual Report 30.—(1) Each Council shall, not later than the 31st day of March in each and every year, prepare a report of the Council's activities for the then preceding year.

(2) The Council shall submit a copy of the Council's report to the Chief Executive Officer for Fijian Affairs for the Minister.

Part 4—Finance Provincial fund 31.—(1) There shall be in each Province a fund called the Provincial Fund into which shall be paid all moneys received by a Council and out of which shall be made all payments required to be made by such Council. (2) Such moneys belonging to a Council as are not immediately required for investment or for current expenditure shall be paid into such bank or banks as the Council may from time to time appoint. (3) Each Council shall comply with the Board's Standing Orders on accounts, regulating the receipt, custody and disbursement of moneys, for accounting procedure and internal audit, for inspection of accounts and for the submission of report to the Auditor-General.

(4) Moneys raised by a special local rate or fee shall be accounted for separately in the books of account of the Council and shall not be used for any purpose other than that for which the rate or fee is levied or charged. (5) A Council may recover any moneys due in respect of a special local rate or fee by civil action in the name of such Council.

Annual Estimates 32. Every Council shall, not later than the 21st day of March in each year, prepare and submit to the Minister a detailed estimate of the revenue and 97 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs expenditure of the Council for the next year, and no expenditure may be incurred by the Council except in accordance with estimates as approved by the Board: Provided that requests for provision for additional expenditure and other requests including request for release of funds placed under requisition and virement shall be approved by the Permanent Secretary for Fijian Affairs after consultation with the Minister.

Annual Accounts 33.—(1) Every Council shall keep books of accounts in which shall be correctly entered all moneys received and expended and the Chief Executive Officer for Fijian Affairs or any officer authorised by him in writing shall have the right at all times to inspect such books of account.

(2) The accounts of every Council shall be audited by the Auditor-General.

(3) By the first day of April in each year a Council shall prepare and transmit to the Auditor-General a statement of account of the revenue and expenditure of the Provincial Fund in respect of the year ended 31st December immediately preceding together with a statement of the assets and liabilities of the Fund as at that date together with such other statements as the Board may direct.

(4) The Auditor-General shall examine the statements, and within fourteen days of the completion of the audit, shall return them duly certified together with any report he may make thereon to the chairman of the Council who shall lay such statements and report before the Council at its next meeting. The Auditor-General shall also send a copy of such statements and his report thereon to the Board and to the Roko Tui of such Council.

(5) Every Council shall make available to an officer or officers appointed by the Board to conduct internal audits on books of accounts and records pertaining to funds collected in accordance with regulations 35 and 36 of these regulations together with funds raised communally and special operations. (6) As soon as practicable after the receipt of the audited statements, the Council shall exhibit them at the offices of the Council and the Tikina Councils in such province.

Provincial Levy 34. A Council may levy its revenue for any one year by adopting the land rate system or the provincial rate system, or the "soli vakavanua system" as prescribed.

Part 5—Land Rate

Land rate 35. Subject to the provisions of regulation 45 every Council shall have the power to levy a uniform rate (hereinafter referred to as the "land rate") upon the unimproved value of land owned by Fijians in the province.

Rateable land 36.—(1) All land of whatsoever tenure, including freehold land but excluding all land within a town owned by Fijians within the province shall be rateable land for the purposes of these regulations. (2) Subject to the provisions of sub-regulation (1) of regulation 45 of these regulations, a land rate may be levied on all Fijian owners of land in the province.

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Valuation 37.—(1) For the purpose of ascertaining and determining the unimproved value of rateable land, each Council shall cause a valuation of all such land to be made and a re-valuation at least once in every six years, by a valuer appointed by the Minister. (2) Every valuer for the purpose of making a valuation or re-valuation in accordance with the provisions of sub-regulation (1) shall have power at all reasonable hours in the day time to enter into and upon any rateable land and may put to any Fijian in occupation or having an interest in such land such questions affecting the value thereof as he may deem necessary and if any such Fijian refuses or willfully omits to answer any such question to the best of his knowledge and belief or willfully makes any false answer or statement in reply to any such question such Fijian shall be liable to a fine of fifty dollars. (3) For the purposes of these regulations, the expression "unimproved value" means the capital sum which the land, if it were held for an estate in fee simple unencumbered by any mortgage or charge thereon, might be expected to realise at the time of valuation or re-valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require and assuming that the improvements, if any, thereon or appertaining thereto had not been made: Provided that in making any valuation or re-valuation under the provisions of these regulations, the valuer shall note and record any case in which a nominal or uneconomic rental is charged in respect of any land or any case in which all or any part of any land is used for medical, educational or religious purposes or as a catchment area or as a site for village or a cemetery and which in his opinion reduces or restricts the value of such land, and state by what amount his valuation or re-valuation should be reduced so long as the land is so used.

Rate book 38.—(1) Each Council shall maintain at the provincial office a rate book containing the following particulars— (a) the registered number and registered name and area of the land, and the registered name of the landowning unit as shown in the Register of Native Lands held in the office of the Registrar of Titles or in the case of Fijian- owned freehold, the name of the registered proprietor and particulars of the land as shown on the grant or certificate of title in respect thereof; (b) the valuation of the land made under the provisions of these regulations; and, (c) the name of any nominee appointed under the provisions of sub- regulation (2) of this regulation.

(2) Where rateable land is owned by a Fijian landowning unit, as a whole and each such unit shall nominate a member thereof (in this regulation referred to as a nominee) to be its representative in all maters relating to the land and shall, in writing under the hand of such nominee, inform the Council accordingly.

(3) The nominee shall be responsible to the Council for collecting and paying the rate to an authorised officer of the Council and in the event that no such member has been nominated, the senior member of such unit shown in the register of land owners shall be deemed to be the nominee and in case of dispute or when such unit is unable to agree upon the member to be nominated, the head of the landowning unit shall be responsible for the payment of the rate. (4) A Council may, in its discretion and subject to the approval of the Minister, by resolution, either generally or specially, grant an allowance, either by way of a percentage on the amount collected by him or otherwise, to any nominee. 99 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(5) Where there has been a change of owner of any rateable land or any other particular forming part of the entries in the rate book and it is necessary in consequence to alter the names or other such particulars, the nominee or the owner shall inform the Council in writing, and the Council may make such alterations as may be necessary in the rate book.

Notification of rate book etc. 39.—(1) When the valuation or re-valuation has been completed and all entries in the rate book have been inserted, a notice to that effect shall be posted at the Provincial Office and at such prominent place in each village as the Turaga ni Koro appointed under the Fijian Affairs (Tikina and Village Council) Regulations, 1996 may determine and shall be published in two successive issues of the Gazette and the "NA MATA" and such rate book shall be available at all reasonable times for inspection by the public.

(2) All entries made in the rate book with regard to the valuation of land shall be provisional for a period of thirty days from the date of the first publication in the Gazette and "NA MATA" of the notice referred to in sub-regulation (1) of this regulation and, when all re-examinations have been completed under the provisions of regulation 41 the valuations included in the rate book shall be deemed to be final, subject only to the provisions of the next succeeding regulation.

Appeals 40.—(1) Any owner of land, or in the case of any landowning unit, its nominee, aggrieved by a valuation of land made under the provisions of these regulations, may, within thirty days or within such further time as a Provincial Council may, by resolution, permit but not exceeding sixty days, of the first publication in the Gazette and "NA MATA" of the notice referred to in sub- regulation (1) of regulation 39, by written application made to the Provincial Council to arrange for an examination of such land by a valuer to be undertaken and the Council shall make the necessary arrangements. Upon receipt of the report of the value as a result of such re-examination, details of the new valuation, if any, shall be inserted in the rate book and the Council shall serve notice in writing of the result of such re-examination, on the owner.

(2) A Council aggrieved by a valuation of land made under the provisions of these regulations, may, within thirty days of the first publication in the Gazette and "NA MATA" referred to in Regulation 39(1), instruct a valuer to re-examine his valuation and upon receipt of the report of the valuer as a result of such re- examination, notice thereof shall be served upon the owner and details of the new valuation shall be inserted in the rate book.

(3) Any person, including a Council, aggrieved by a re-examination of the valuation of land under the provisions of sub-regulation (1) or (2) of this regulation may appeal against such re-examination to a resident or second class magistrate. The valuer who made such re-examination shall be the respondent to the appeal and, where the appellant is other than the Council, may, if it thinks fit, also appear as a respondent.

(4) Every appeal shall be made by filing with the Court, within thirty days from the date of service of the notice under the provisions of subregulation (1) or subregulation (2) of this regulation as the case may be, a written memorandum of appeal stating the grounds upon which the appeal is made and where the appellant is other than the Council, there shall be annexed to the memorandum a copy of the notice required by the provisions of sub-regulation (5) below to be delivered to the Council.

(5) When the appellant is other than the Council he shall be given at least seven days before a memorandum of appeal is filed with the Court to serve on the Council and any respondent a notice in writing of the intended appeal stating

100 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs the grounds thereof.

(6) The Court may for good and sufficient reason allow an appeal out of time.

(7) On an appeal under this regulation, the Court, shall as it thinks just, either confirm the valuation or re-examination or direct the rate book to be altered to give effect to the contention of the appellant as far as that contention appears to the Court to be well founded.

(8) The provisions of the law relating to the trial of a civil action in a Magistrate's Court shall apply, in so far as they may be applicable, to the hearing of an appeal under this regulation and the Magistrate shall have and may exercise all the jurisdiction and powers conferred upon him by such law including the power to award costs.

(9) The deposit referred to in sub-regulation (1) of this regulation shall be held by the Council and shall be paid into the funds of the Council unless the re-examination or the valuation decided on appeal reduces the amount of the original valuation by more than ten percent.

(10) The Council shall make such amendments to the rate book as may be necessary to conform with the Court's decision.

(11) An appeal shall not prevent the recovery of any rate until such appeal shall have been decided but, where an alteration in the rate book is made by the Court which affects the amount of any rate levied in respect of the property, the difference, if more has been paid, shall be repaid or allowed or, if less has been paid, shall be paid and may be recovered as if it were arrears of rates.

Making of land rate 41.—(1) Every land rate shall be made for the period of one year commencing on the first day of January next succeeding the date on which the rate is approved by resolution of the Council.

(2) As soon as practicable after the making of a land rate, the Council shall— (a) exhibit at the offices of the Council; and, (b) publish in two successive issues of the Gazette and "NA MATA"; and (c) publish in such other manner as the Council shall consider to be in accordance with local custom, a notice stating the amount of the rate and the date it is due.

Demand notice 42. After a rate has been made and notified and the entries have been made in this rate book, the Council shall serve upon every person liable to pay land rate, or in the case of a landowning unit, upon its nominee, a demand notice stating— (a) the land upon which the rate is assessed; (b) the valuation made in respect of such land; (c) the period in respect of which the rate is levied; and (d) the amount payable and the rate upon which payment is due.

Methods of payment 101 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

43.—(1) When a landowning unit has been assessed for land rate, the registered members of such unit may authorise, and in the case of land leased or licensed under the provisions of regulation 48 (6), shall be deemed to have authorised, the Native Land Trust Board to deduct the amount of the rate from moneys themselves and shall inform the Council of details of such apportionment and the Council shall register the apportionment upon being satisfied that the majority of the registered members of such unit are willing to accept such apportionment:

Provided that the Council may, when in its opinion such an apportionment would work in an inequitable manner and thereby cause hardship to any individual or class of individuals, require the amendment or modification of such apportionment.

(2) When the Council has registered an apportionment under the provisions of sub-regulation (1) of this regulation such apportionment shall be binding upon all the registered members of the unit.

(3) Where the rateable land is subject to a lease or a licence, the owner shall be responsible for the payment of land rate levied upon such land except that, in the case of a lease or licence negotiated under the provisions of sub- regulation (6) of regulation 45, the Native Land Trust Board shall be responsible for the payment to the Council for any such payment which shall operate as a discharge to the owner to the extent of such payment.

Enforcement 44.—(1) If, after a period of thirty days from the date upon which a land rate becomes due and payable in accordance with the provisions of regulation 42 any rate payer (including any person liable to pay any apportioned part of any rate) fails to pay any rate due by him, the Council, or any officer authorised in writing by the Council so to do, may cause a written demand to be served upon such rate payer or upon the Native Land Trust Board under the provisions of Section 14 of the Native Land Trust Act to pay the amount stated in such demand within thirty days of the date of service thereof and in the event of such rate payer failing to make payment of the amount due within such period of thirty days, the Council may issue and cause to be executed a warrant in the form set out in the third schedule for levying the amount with costs by distress and sale of the goods and chattels owned by the rate payer, and such warrant shall authorise the person executing the same or his assistant to remain on the premises during the interval between such distress and sale, whether such authority be expressed or not in the warrant. (2) No sale of such goods and chattels shall be made until the end of seven days after the warrant of distress has been executed, unless such goods are perishable, or on the request of the rate payer whose goods and chattels are seized.

(3) The sale shall be by public auction after such advertisement as the Council shall direct.

(4) The Council or its agent, as the case may be, shall cause a notice of the sale and of the day and place thereof to be affixed to or placed on or as near as may be to the place where the sale is actually to take place, three days at least before the day appointed for the sale.

(5) Any amount of land rates remaining unpaid from the due date of payment shall bear interest at the rate of seven and one half per cent per annum.

(6) When any land rate imposed upon any land remains unpaid for a period of two years after such rate shall have become due and payable, the Council may make an application to a Provincial Court for an order that the Native Land 102 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Trust Board should endeavour to negotiate a lease or licence of such land in which case the rent received by the Native Land Trust Board, less such deductions as are permitted under the provisions of the Native Land Trust Act, shall be paid to the Council until all arrears of such land rate and interest thereon have been duly paid.

(7) Notwithstanding the other provisions of these regulations, a Council may, by resolution, waive the whole or any part of any amount due in respect of a land rate and interest thereon from any owner and any costs incurred for the purpose of recovering that amount, if it appears to such Council that the amount is irrecoverable.

(8) Where a warrant issued by one Province is to be executed in another, the Secretary to the Council of the latter province shall upon request being made by the former, endorse the warrant for execution in that Province and such warrant may then be executed as if it had been issued by that Province.

(9) The costs recoverable in respect of the execution of the warrant issued under the provisions of sub-regulation (1) shall be—

(a) if the warrant is executed within the province where the warrant is issued, $20; and

(b) in any other case, $40.

Grant of leases or licences 45.—(1) In order to pay the whole or any part of the land rate payable in respect of any land, the owner of such land may at any time request the Native Land Trust Board to arrange for a portion of such land to be leased or licensed whereupon the provisions of sub-regulations (2) and (3) shall apply.

(2) The Native Land Trust Board upon receiving a request in pursuance of the provisions of sub-regulation (1) of this regulation may endeavour to arrange for such land to be leased or licensed either to any person or to the Council in which case the rent received in respect of such land, less such deductions as are permitted under the provisions of the Native Land Trust Act, shall be applied first in the payment to the Council of the land rate due and the balance, if any, shall be paid to the owner of such land.

(3) Where, under the provisions of sub-regulation (1) of this regulation the Native Land Trust Board endeavours to lease or grant a licence over any land and it appears to such Board that there is no person who is prepared so to take a lease or a licence, the Board shall inform the Council accordingly, and such land may be exempt from the levy of land rate for such period as the Council shall determine, having first made such inquiries as it deems necessary from the Native Land Trust Board.

(4) In the event of the owner cultivating or making use of, or permitting any other person to cultivate or make use of such land, the exemption of such land from the payment of land rate shall thereupon determine and the owner thereof shall make payment to the Council of any land rate due or becoming due in respect of such land with effect from the date of such handing over of possession to the owner or of the commencement of such cultivation.

Saving 46.—(1) The provisions of this Part shall come into operation in such Provinces and from such dates as the Board may at the request of such Councils, by notification in the Gazette and in the "NA MAT A" determine.

(2) Until such time as this Part has been applied to any Province in accordance 103 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs with the provisions of sub-regulation (1) of this regulation, the provisions of either Part 6 or Part 7 of these regulations may apply in such province, depending on the decision of each individual Council.

Part 6—Provincial Rate

Power to impose Provincial Rate 47.—(1) Until such time as the provisions of Part 5 or Part 7 of these regulations have been applied, a Council may, by resolution, impose a rate (hereinafter referred to as the provincial rate) upon every male Fijian of a Province between the ages of twenty one and sixty (60) years who is not exempted under regulation 49. (2) Every such resolution shall state the amount of the rate and method and time of collection.

Registration as rate payer 48.—(1) Every male Fijian registered in the register of land owners in the Province shall, within two months after he reaches the age of twenty one years, register himself at the provincial office nearest to him or with the Central Fijian Treasury, as a rate payer of the Province in which he is so registered.

(2) Any Fijian who, without lawful excuse, fail to register himself in accordance with the provisions of sub-regulation (1) of this regulation shall be liable on conviction to a fine not exceeding forty dollars or to imprisonment not exceeding one month.

Exemptions 49. The following persons shall be exempted from the payment of provincial rates—

(a) Fijians detained as patients in any leprosy or mental hospital;

(b) Fijians incapacitated from work by physical disability on production annually of a certificate to that effect under the hand of a Government medical officer,

(c) such other classes of Fijians, recommended by the chairman of the Council, as the Minister may approve.

Recovery of Rates 50.—(1) The Council of every Province in which a provincial rate is levied shall, at least one month before the date on which such rate becomes due and payable, publish in the "N A MAT A" a list of all persons liable to pay such rate and each such Council shall every year thereafter while such rate remains leviable prepare and publish in the like manner, at least one month before such rate becomes due and payable in each succeeding year, a list of all persons on the former list whose liability to pay the provincial rate ceases during that year and of all persons not on the former list who become liable during that year to pay that rate.

(2) (a) Any person whose name appears on a list of persons liable to pay the provincial rate published as aforesaid may, at any time before the date on which such rate becomes due and payable, object to the Council and the Council may either uphold or overrule such objection.

(b) Where the Council upholds an objection made under the provisions of paragraph (a) of this sub-regulation, the person objecting shall not be required to pay the provincial rate.

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(c) Any person whose objection has been overruled under the provisions of this sub-regulation may within sixty days after the date of the Council's decision overruling the objection, appeal against such decision in writing to the Permanent Scretary for Fijian Affairs.

(d) An appeal under the provisions of paragraph (c) above shall be lodged with the Roko Tui of the Province within the specified period for transmission to the Permanent Scretary for Fijian Affairs.

(3) Where any person liable to pay a provincial rate makes default in payment the Council may—

(a) after the expiry of 30 days from the date on which such rate became due and payable; or

(b) where an appeal lodged under the provisions of sub-regulation (2) is disallowed, after the expiry of 30 days from the date of the decision disallowing the appeal, recover any moneys due in respect of such rate in the like manner in which a Council may recover moneys owing to it in respect of a land rate under the provisions of sub-regulations (4), (6), (7) and (8) of that regulation shall likewise apply to any moneys due and payable in respect of such provincial rate.

Part 7—Soli Vakavanua

Power to impose Soli Vakavanua 51.—(1) A Council may by resolution, impose a "soli" known as "soli vakavanua" upon every Tikina of a Province and such resolution shall state the exact amount of such "soli" and the time of collection. (2) Each Tikina Council in a Province shall be responsible for the method of collection of its "soli". (3) Any money paid by any registered member of a Tikina to the Board, or the Provincial Office or any employees of the Board working in such office shall be properly receipted on the receipt of such moneys.

Part 8— General

Council to act on directions 52. In carrying out its functions and in exercising its powers under the provisions of these regulations, a Council shall act in accordance with such general or special directions as may be given by the Minister to such Council.

Repeal 53.—(1) The Fijian Affairs (Provincial Council) Regulations and amendments made thereunder are repealed.

(2) The Fijian Affairs (Interpretation) Regulations are repealed to the extent that terms and expressions defined in regulation 2 of that regulations are defined in regulation 2 of these regulations.

Transitional provision 54. All by-laws, Standing Orders, rules or Codes made under the Fijian Affairs (Provincial Council) Regulations now repealed shall continue to be in force as if they were made under these Regulations until new by-laws, Standing Orders, rules and Codes are made under these Regulations in substitution thereof.

Translation 55. This Regulations shall be translated into the Fijian vernacular and if there 105 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs is any dispute, conflict or inconsistency in the interpretation of any provisions of the English and the Fijian texts the meaning conveyed by the English text shall be the meaning to be adopted.

First Schedule

FUIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATION FUIAN LOCAL GOVERNMENT AREAS

(Regulations 2 and 3) Province Tikina No. of Villages Nominated Member

Ba Nailaga 7 1 Bulu 5 1 Magodro 6 1 Vuda 5 1 Nacula 7 1 Sabeto 5 1 Naloto 3 1 Nalotawa 6 1 Nadi 6 1 Nawaka 5 1 Tavua 5 1 Qaliyalatina 2 1 Vitogo 5 1 Viwa 3 1 Sikituru 4 1 Naviti 7 1 Waya 4 1 Rukuruku 5 1 Savatu 9 1 Yasawa 6 1 Vaturu 2 1 TOTAL 21 107 21

Province Tikina No. of Villages Nominated Member

Bua Bua 7 1 Wainunu 6 1 Dama 7 1 Navakasiga 3 1 Solevu 3 1 Nadi 4 1 Vuya 5 1 Lekutu 8 1 Kubulau 10 1 TOTAL 9 53 9

Province Tikina No. of Villages Nominated Member

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Cakaudrove Wailevu 27 2 Naweni 3 1 Saqani 14 2 Cakaudrove 12 2 Laucala 5 1 Natewa 7 1 Navatu 9 1 Savusavu 9 1 Vuna 3 1 Wainikeli 8 1 Tunuloa 9 1 Vaturova 11 2 Koroalau 6 1 Wairiki 4 1 Tawake 6 1 TOTAL 15 133 19

Province Tikina No. of Villages Nominated Member

Kadavu Tavuki 11 2 Ravitaki 7 1 Yale 5 1 Nabukelevu 11 2 Sanima 6 1 Yawe 6 1 Nakasaleka 12 2 Naceva 10 1 Ono 7 1 TOTAL 9 75 12

Province Tikina No. of Villages Nominated Member

Lau Lomaloma 9 1 Lakeba 8 1 Kabara 6 1 Nayau 3 1 Mualevu 8 1 Oneata 2 1 Moce 2 1 Totoya 5 1 Moala 8 1 Cicia 5 1 4 1 Ono 5 1 Matuku 7 1 TOTAL 13 72 13

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Province Tikina No. of Villages Nominated Member

Lomaiviti Levuka 10 1 Batiki 4 1 Cawa 6 1 Navukailagi 3 1 Nasinu 10 1 Mudu 8 1 Nairai 5 1 Bu'reta 3 1 Moturiki 10 1 Sawaieke 8 1 Vanuaso 5 1 6 1 TOTAL 12 78 12

Province Tikina No. of Villages Nominated Member

Macuata Macuata 17 2 Seaqaqa 8 1 Nadogo 10 1 Dreketi 7 1 Labasa 15 2 Sasa 10 1 Dogotuki 10 1 Namuka 11 2 Wailevu 8 1 Mali 4 1 Udu 5 1 Cilobia 3 1 TOTAL 12 108 15

Province Tikina No. of Villages Nominated Member

Nadroga Cuvu 7 1 Malomalo 8 1 Nasigatoka 13 2 Waicoba 4 1 Korolevuiwa 5 1 Mavuai 3 1 Naqalimare 7 1 Bemana 4 1 Tuva 8 1 Koroinasau 4 1 Wai 6 1 Conua 7 1 Namataku 8 1 Nadrau 4 1 Raviravi 3 1 Komave 5 1 Navatusila 4 1 Vatulele 4 1 Noikoro 9 1 Malolo 4 1

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Nasikawa 4 1 TOTAL 21 121 22

Province Tikina No. of Villages Nominated Member

Naitasiri Naitasiri 11 2 Nabaitavo 2 1 Matailobau 6 1 Nagonenicolo 9 1 Nadaravakawalu 4 1 Vuna 3 1 Viria 6 1 Soloira 3 1 Waima 3 1 Lutu 3 1 Muaira 7 1 Navuakece 8 1 Rara 3 1 Nawaidina 11 2 Noimalu 6 1 Nabobuco 6 1 TOTAL 16 91 18

Province Tikina No. of Villages Nominated Member

Namosi Wainikoroiluva 5 1 Veivatuloa 8 1 Namosi 5 1 Naqarawai 3 1 Veinuqa 5 1

TOTAL 5 26 5

Province Tikina No. of Villages Nominated Member

Serua Serua 9 1 Deuba 4 1 Batiwai 5 1 Nuku 6 1

TOTAL 4 24 4

Province Tikina No. of Villages Nominated Member

Ra Naroko 7 1 Nailuva 9 1 Navolau 4 1 Nasau 8 1 Mataso 2 1 Tokaimalo 9 1 Rakiraki 5 1 Nakorotubu 5 1

109 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Nakuailava 6 1 Navitilevu 4 1 Nalawa 3 1 Saivou 5 1 Raviravi 5 1 Burewai 4 1 Kavula 3 1 Bureivanua 4 1 Lawaki 4 1 Nababa 3 1 Nalaba 4 1 Naiyalayala 5 1 TOTAL 20 99 20

Province Tikina No. of Villages Nominated Member

Rewa Rewa 12 2 Burebasaga 4 1 Raviravi 4 1 Vutia 3 1 Dreketi 5 1 Toga 3 1 Sawau 5 1 Noco 10 1 Suva 8 1 TOTAL 9 54 10

Province Tikina No. of Villages Nominated Member

Tailevu Bau 16 2 Vugalei 7 1 Namalata 11 2 Sawakasa 6 1 Dravo 5 1 Namata 2 1 Namara 6 1 Tai 3 1 Nakelo 12 2 Namena 7 1 Nausori 6 1 Verata 8 1 Taivugalei 4 1 Tokatoka 7 1 Nuku 2 1 Dawasamu 8 1 Buretu 5 1 Nayavu 6 1 Naloto 3 1 Nailega 5 1 Wailotua 5 1 Nasautoka 2 1

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TOTAL 22 136 25

Second Schedule

FIJIAN AFFAIRS BOARD (PROVINCIAL COUNCILS) REGULATIONS LETTER OF ACCEPTANCE OF OFFICE (Regulation 13)

I ...... of ...... hereby confirm my acceptance of my appointment as a member of the …………………………………Provincial Council in accordance with Regulation 13 of the Fijian Affairs (Provincial Councils) Regulation.

I confirm that I will be faithful, diligent and honest in the performance of my duties as member of the Council.

Dated at the day of 20 .

…………………… …… MEMBER

…………………… …….. WITNESS

…………………… ………

DESIGNATION/OCCUPATION

Third Schedule

FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS WARRANT OF DISTRESS AND SALE (Regulation 44)

To:

You are authorised and instructed pursuant to the provisions of regulation 44 of the Fijian 111 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Affairs (Provincial Councils) Regulations that of the goods and chattels of within you cause to be made the sum of $ and also interest thereon at the rate of seven and one half per cent per annum from the day of 20 , which said sum and interest became due and payable on that day by the said to the Provincial Council of as land/provincial rate under regulation 35/47 of the Fijian Affairs (Provincial Councils) Regulations.

And that of the goods and chattels of the said within you further cause to be made the sum of $30/$40 cost. And that you pay that money and that interest to the Provincial Treasurer of the Province of immediately after the execution hereof.

And have there then this warrant.

Dated at this day of 20

Secretary to the Provincial Council Province of

RULES FOR THE ELECTION OF MEMBERS OF PROVINCIAL COUNCILS

Part 1—Nominations

Returning officers 1. Each Provincial Council shall appoint a returning officer and such assistant returning officers as may be necessary to perform the duties of a returning officer under the provisions of these Rules.

Notice of nomination day 2. Forthwith upon receipt of a writ of election, the returning officer shall publish a notice as in Form A annexed to these Rules of the day, times and place named for the nomination of candidates and such notice shall be publicly exhibited in all provincial offices, and in such other public places as the returning officer considers expedient, in the tikina. (Form A.)

Qualification for nomination 3. Any person not ineligible for election may be nominated as a candidate for election.

Nominations 4. Every nomination paper shall be as in Form B annexed to these Rules and shall be accompanied by a deposit of $10. Such nomination paper shall be signed by the candidate and each of his proposers. (Form B.)

Supply of forms of nomination paper 5. The returning officer shall, at any time not more than three days before the date fixed for nominations and before the hour of 12 noon on nomination day, supply a nomination paper to any registered elector who applies for one.

Delivery of nomination paper

112 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

6. Every nomination paper signed in the required manner and accompanied by the deposit prescribed in rule 4 shall be delivered to the returning officer by the candidate or by one of his proposers between the hours and at the place appointed for the nomination of candidates.

Persons entitled to attend election proceedings 7. On the day appointed for the nomination of a candidate for any tikina, every candidate and one of his proposers and one other person selected by the candidate, and no persons other than the aforesaid shall except for the purposes of assisting the returning officer, be entitled to attend the proceedings during the time appointed for nomination.

Examination of nomination papers 8. The returning officer shall permit the candidates and one proposer selected by each candidate, to examine the nomination papers of candidates which have been received for the tikina concerned.

Description of candidates in nomination papers 9.—(1) Each candidate shall be described in the nomination paper in such manner as, in the opinion of the returning officer, is calculated sufficiently to identify such candidate. (2) No objection to a nomination paper on the ground that the description of the candidate therein is insufficient or that the nomination paper is not in accordance with these Rules shall be allowed or deemed to be valid, unless such objection is made by the returning officer or by some other person within one hour after the time of delivery of the nomination paper.

Where candidates unopposed 10. If, at the expiry of the time provided for the delivery of nomination papers, candidates not exceeding the number to be elected for the tikina are nominated, the returning officer shall forthwith publicly declare such candidates to be elected, and shall endorse the writ of election and return it to the Minister, who shall cause a notification of such result to be published in the Gazette and in a newspaper published in the Fijian language and circulating in the Fiji Islands and in such other manner as he shall think fit.

Withdrawal of candidate. 11. A candidate may, not later than twenty-four hours after the closing of the nominations, withdraw from his candidature by giving notice signed by him to that effect to the returning officer. Where candidates are opposed 12. If more candidates than the number to be elected are duly nominated for any tikina, the returning officer shall adjourn the election for the purpose of taking a poll, and shall report to the Minister the names of the candidates as described in their respective nomination papers. Notice that poll will be taken 13. Upon receipt of such report, the Minister shall cause to be published in the Gazette, in a newspaper published in the Fijian language and circulating in the Fiji Islands and also in such other manner as he may think fit, a notice specifying— (a) the tikina for which a poll will be taken; (b) the date or dates on which the poll will be taken; (c) the names of the candidates as described in their respective nomination papers; and (d) the places at which a poll will be taken.

Death of candidate before poll taken 14. If, when an election has been adjourned for the purpose of taking a poll, one of the candidates nominated dies before the poll has commenced, the Minister or, in the case of a by-election, the chairman of the Provincial Council, shall, upon being satisfied of the fact of such death, countermand the notice for the poll and shall appoint a fresh date for the election. In such case all proceedings with 113 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs reference to the election shall be re-commenced: Provided that no new nomination shall be required in respect of a candidate who had been duly nominated at the time of the countermand of the poll.

Part 2—The Poll Presiding officers 15. The returning officer shall appoint a person (in these Rules called a "presiding officer") to preside at each polling station. Such presiding officer shall be supplied with a copy of the electoral roll containing the names of electors registered in respect of his polling station.

Deputy presiding officers 16. The returning officer may appoint at each polling station one or more deputy presiding officers, one of whom, to be selected by the presiding officer, shall act as presiding officer in the event of illness or unavoidable absence of the presiding officer. A deputy presiding officer when so acting shall exercise all the powers and perform all the duties of the presiding officer under these Rules.

Restriction of voting to proper polling stations 17. No person shall be admitted to vote at any polling station except the one under which he is registered.

Times for opening and closing poll 18. Unless the Minister otherwise specifies in the notice referred to in rule 13, the poll shall open at 7.30 a.m. and shall close at 5.30 p.m. on the same day.

Duty of presiding officers 19. The presiding officer shall keep order in his polling station, and shall regulate the number of electors to be admitted at a time, and shall exclude all other persons, except the Minister, the returning officers, the assistant returning officers, the clerks, the candidates, not more than one agent in respect of each candidate and the constables or police officers, if any, on duty.

Form of ballot papers 20. Each ballot paper shall be capable of being folded up and shall— (a) contain a list of the candidates as described in their respective nomination papers, arranged alphabetically in order according to the spelling of their first and other names; (b) have a number printed on the back thereof; (c) have attached a counterfoil on which shall be printed the same number as appears on the back of the ballot paper; and (d) so far as is possible, be in the Form C annexed to these Rules.

(Form C)

Ballot boxes 21.—(1) Every ballot box shall be so constructed that the ballot papers can be inserted therein, but cannot be withdrawn therefrom without the box being unlocked.

(2) The presiding officer shall, immediately before the commencement of the poll, show the empty unlocked ballot box to such persons, if any, as may be present in the polling station, so that they may see that it is empty. The presiding officer shall then lock the ballot box and place his seal upon it in such a manner as to prevent it being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Delivering of ballot papers to electors 22.—(1) Immediately before a ballot paper is delivered to an elector it shall be marked on the back thereof with an official mark, either stamped or perforated. (2) The serial number, name and description of the elector, as stated in the copy of the electoral roll, shall then be called out, and the serial number of such 114 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs elector shall be marked on the counterfoil, and a mark shall be placed on the roll against the number of the elector to denote that he has received a ballot paper. (3) The presiding officer, or any person authorised by him for the purpose, may require any applicant for a ballot paper to furnish, to the satisfaction of the presiding officer or person so authorised, proof of his identity.

Manner of voting 23.—(1) The elector on receiving the ballot paper shall forthwith proceed to a place screened from observation, which shall be provided by the presiding officer. (2) Each elector shall be entitled to vote at the polling station under which he is registered, for the same number of candidates as there are members to be elected in respect of the tikina in which he is registered. (3) The elector shall record his vote by making the sign of a tick ( ) in the space provided on the ballot paper alongside the name of the candidate or candidates, in the case of a tikina returning more than one member, for whom he wishes to vote. (4) The elector shall then fold the ballot paper so as to conceal his vote, and insert the ballot paper, so folded, into the ballot box. (5) He shall vote without undue delay, and shall quit the polling place as soon as he has inserted his ballot paper into the ballot box.

Spoilt ballot papers 24. An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in these Rules called a "spoilt ballot paper"), and the spoilt ballot paper shall be immediately cancelled by the presiding officer.

Provision where elector unable to mark ballot paper 25. If any elector states that he is unable to mark his ballot paper, the presiding officer shall if he is satisfied of such inability—

(a) cause the ballot paper of such elector to be marked as the elector directs, and then insert the ballot paper in the ballot box; and (b) write in the register opposite the name of such elector a statement of the fact that the ballot paper was marked by him at the request of the elector, and the reason therefor.

Application for ballot paper in name of person who has already voted

26.—(1) If a person representing himself to be a particular elector named in the electoral roll applies for a ballot paper after another person has voted as such elector, the applicant shall, upon making and subscribing a declaration in the following form, be entitled to mark the ballot paper in the same manner as any other elector:—

FORM OF DECLARATION I, A.B., of solemnly and sincerely declare that I am the same person whose name appears as A. B., No. in the electoral roll in force for the tikina. Witness: CD. (Signed) A.B.

115 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(2) Such ballot paper (in these Rules called a "tendered ballot paper") shall be of a colour different from the other ballot papers, and, instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the elector, and his serial number in the electoral roll. (3) Such papers shall be set aside in a separate packet and shall not be counted by the returning officer. (4) The name of the elector and his serial number on the roll shall be entered on a list (in these Rules called the "tendered votes list").

No communication to be made with elector in polling station 27. No person other than the returning officer, presiding officer or a deputy presiding officer shall have any communication whatsoever with an elector while such elector is in a polling station for the purpose of receiving a ballot paper and recording his vote thereon. Should any such communication take place, the presiding officer may order such person to leave the polling station.

Despatch of ballot boxes, etc., to returning officer 28. The presiding officer of each polling station shall, as soon as practicable after the close of the poll, in the presence of the agents (if any) of the candidates, make up into separate packets, seal with his own seal and the seals of the agents of the candidates who desire to affix their seals— (a) the ballot box unopened, but with the key attached; (b) the unused and spoilt ballot papers placed together; (c) the marked copies of the electoral roll and the counterfoils of the ballot papers; and (d) the packet containing the tendered ballot papers and the tendered votes list, and shall despatch or hand over such packets and ballot box to the returning officer.

Part 3—Counting Votes Notice of time for counting 29.—(1) The returning officer shall make arrangements for counting the votes as soon as practicable after he has received all the ballot boxes relating to any tikina, and for that purpose shall give notice in writing of the time and place at which he will begin to count the votes. (2) Each candidate and one agent in respect of each candidate shall have the right to be present at the counting of the votes. Counting the votes 30.—(1) The returning officer shall then mix together the whole of the ballot papers contained in all the different ballot boxes for that tikina and shall then count the votes recording as he proceeds the number of votes given for each candidate. While counting the ballot papers and in counting the votes the returning officer shall keep the ballot papers with their faces upward and take all proper precautions for preventing any person seeing the number printed on the back of such papers. (2) The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, allowing only time for refreshment.

Void ballot papers 31. Any ballot paper which has not on its back an official mark, or on which votes are given to more candidates than are to be elected from the tikina, or on which anything, except the number on its back, is written or marked by which the vote can be identified, shall be void and shall not be counted.

Marking rejected ballot papers 32. The returning officer shall endorse "rejected" on any ballot paper which he may reject as invalid.

Tendered ballot papers 33. The returning officer shall not open the sealed packet of tendered ballot papers, but shall retain the same, unless such packet is required for the purposes of an inquiry.

116 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Finality of decision of returning officer 34. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, but, in reaching any such decision, the returning officer shall use his best endeavours to give effect to the obvious intention of the voter.

Declaration of poll 35. When the counting of the votes has been completed, the returning officer shall declare to be elected the candidate or, in a tikina returning more than one member, the required number of candidates to whom the greatest number of votes has been given.

Equality of votes 36. When an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any one or more of the candidates to be declared elected, the determination of the candidate or candidates to whom such one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer in such manner as he shall think fit.

Disposal of ballot papers 37. The returning officer shall, upon the completion of the counting and after he has declared the result, seal up the ballot papers and all other documents relating to the election, and shall retain the same for a period of six months, and thereafter, unless otherwise directed by an order of the Fijian Affairs Board, cause them to be destroyed.

Refund of deposit 38. The returning officer shall as soon as may be convenient to him refund to each candidate the deposit of $10 made in accordance with the provisions of rule 4: Provided that should any unsuccessful candidate fail to obtain one-tenth of the total votes polled for the tikina for which he was a candidate for election, such deposit shall be forfeited to the Provincial Council.

Publication of election 39. The returning officer shall without delay— (a) publicly declare the name or names of the elected candidate or candidates and of the total number of votes given for each candidate; (b) endorse the name or names of the elected candidate or candidates on the writ of election; (c) return the writ of election to the Minister or to the chairman of the Provincial Council, as the case may be; (d) publish in the Gazette and in a newspaper published in the Fijian language and circulating in the Fiji Islands the name or names of the elected candidate or candidates.

FORM A

……………………………… PROVINCIAL COUNCIL NOTICE OF ELECTION (Rule 2)

I, the returning officer of tikina, will at [state place where nominations will be received ] on the day of , 20 , between the hours of and proceed to the nomination, and if there is no opposition, the election of a member/members for the said tikina.

117 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Forms of nomination papers may be obtained at my office between the hours of and

Every nomination paper must be signed by the candidate, and by at least six proposers supporting the nomination whose names must appear on the electoral roll of the said tikina. Every nomination paper must be delivered to me by the candidate proposed or by one of his proposers between the hours of and on the said day of , 20 .

In the event of the election being contested the poll will take place on the day of , 20 .

Dated the day of , 20 .

Returning Officer tikina.

FORM B

………………………………. PROVINCIAL COUNCIL

NOMINATION PAPER (Rule 4)

We, the undersigned persons whose names appear on the electoral roll for the tikina, do hereby nominate [full name of candidate] of [address of candidate] as a proper person for election as a member of the Provincial

Council for the tikina. Serial Signature of Address Occupation Number on Proposer Electoral Roll 1. 2. 3. 4. 5. 6. 7.

I assent to the above nomination and give the following address for the purpose of the election [give full address].

Signature of Candidate

Date:

FORM C

(Rule 20)

Number

118 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Provincial Council Provincial Council

Ballot Paper Counterfoil BALLOT PAPER Elector's serial number on electoral roll Tikina

1. A.B.

2. CD.

3. E.F.

119 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Fifth Schedule 10

FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS WARRANT OF DISTRESS AND SALE (Regulations 37 and 43) To: You are authorised and instructed pursuant to the provisions of regulation 37/43 of the Fijian Affairs (Provincial Councils) Regulations that of the goods and chattels of within you cause to be made the sum of $ and also interest thereon at the rate of seven and one half per cent per annum from the day of , 20 , which said sum and interest became due and payable on that day by the said to the Provincial Council of as land/provincial rate under regulation 35/40 of the Fijian Affairs (Provincial Councils) Regulations. And that of the goods and chattels of the said within you further cause to be made the sum of $2/$4 costs. And that you pay that money and that interest to the Provincial Treasurer of the Province of immediately after the execution hereof. And have there then this warrant.

Dated at this day of , 20 .

Clerk of Provincial Council. Province of

SECTION 6—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (SPECIFIED AREAS ELECTIONS) RULES 11 Rules of 9th December 1966

TABLE OF PROVISIONS RULE 1. Short title 2. Fijian Affairs (Provincial Councils) Regulations to apply 3. Towns, etc., to be deemed tikina 4. Registration and returning officers

Short title 1. These Rules may be cited as the Fijian Affairs (Provincial Councils) Regulations (Specified Areas Elections) Rules.

Fijian Affairs (Provincial Councils) Regulations to apply 2. Subject to the provisions of these Rules, the provisions relating to the election of members to Provincial Councils contained in the Fijian Affairs (Provincial Councils) Regulations, shall mutatis mutandis apply to the election to Provincial Councils of members to represent residents in closely settled areas specified in the Third Part of the First Schedule to such Regulations (such areas being hereinafter referred to as "specified areas").

10 This Schedule was inserted by Local Government Notice No. 7 of 1969 11 These Rules were made through Rules of 9th December 1966 and were subsequently amended by Legal Notice No. 112 of 1970 120 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Towns, etc., to be deemed tikina 3. For the purpose of electing members to Provincial Councils to represent specified areas, the specified areas specified in the first column of the Third Part of the First Schedule to the Fijian Affairs (Provincial Councils) Regulations, shall collectively be deemed to constitute a tikina of each of the provinces specified in the second column of such Part.

Registration and returning officers 4.The Minister shall appoint such number of registration officers, assistant registration officers, returning officers and assistant returning officers as may be necessary for the purpose of registering electors and of conducting the election to Provincial Councils of members to represent specified areas.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 12 Local Government Notice No. 10 of 1973

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary

1. Short title and application 2. Interpretation

Part 2—Buildings

3. Healthiness of site 4. Space between dwelling houses 5. Requirements for dwelling houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals

16. Cattle, etc., not to be kept in village

17. Disposal of dead animals

Part 5—Water Supplies

12 These By-laws were made through Local Government Notice No.10 of 1973 and subsequently amended by Legal Notice No. 127 of 1979. 121 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Ba Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; 122 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By- Laws; (b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1).

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to

123 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village. Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened so as to prevent the breeding of mosquitoes. Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1). Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine. Part 4—Animals Cattle, etc., not to be kept in village 16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village. Disposal of dead animals 17. All dead animals shall be buried or burned. Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if 124 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump. Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health. No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice No.127 of 1979.) Penalties 26.—(1) Subject to the provisions of by-law 9 (2) and (3), any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these by-laws, with the exception of those contained in by- laws 10 (1) 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

125 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS 13 (PUBLIC HEALTH) (VILLAGES) BY-LAWS

Local Government Notice No. 20 of 1969

TABLE OF PROVISIONS BY-LAW Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings

3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals

16. Cattle, etc., not to be kept in village 17. Disposal of dead animals

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application

13 These By-laws were made through Local Government Notice No. 20 of 1969 and subsequently amended by Legal Notices No. 112 of 1970 and No. 127 of 1979

126 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

1.—(1) These By-Laws may be cited as the Bua Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house, are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in 127 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these By-Laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1). (Amended by Legal Notice No.112 of 1970.)

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible 128 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No 127 of 1979.) (2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate screened as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals

Cattle, etc., not to be kept in village 16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health. Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal 129 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated. Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these by-laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws. Boundaries of villages 25. For the purpose of these by-laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice No.127 of 1979.)

Penalties 26.—(1) Subject to the provisions of of by-law 9 (2) and (3), any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in by- laws 10 (1), 11, 14 (1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27 —FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 14

Local Government Notice No. 21 of 1969

TABLE OF PROVISIONS

BY-LAW Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings

14 These By Laws were made through Local Government Notice No. 21 of 1969 and subsequently amended by , Legal Notices Nos. 112 of 1970, 127 of 1979

130 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals

16. Cattle, etc., not to be kept in village 17. Disposal of dead animals

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General 22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Cakaudrove Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and 131 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house, are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these by-laws; 132 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1). (Amended by Legal Notice No.112 of 1970.)

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

133 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 4—Animals

Cattle, etc., not to be kept in village 16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby. Copra driers, etc. 23. No copra drier or cocoa drier shall, after 12 September 1969 be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these by-laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. Penalties 26.—(1) Subject to the provisions of by-law 9 (2) and (3), any person who fails to carry out any order given under the provisions of these by-laws or who fails to comply with any of the provisions of these by-laws, with the exception of those contained in by- 134 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

law 10 (1), 11, 14 (1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS RKADAVU PROVINCE (EDUCATION RATE) BY-LAWS

Local Government Notice No. 3 of 1971

TABLE OF PROVISIONS

BY-LAW

1. Short title 2. Application 3. Registration 4. Education rate 5. Interest 6. General 7. Responsibility for enforcement 8. Exemptions 9. Recovery of education rate 10. Service of notices, etc.

Short title 1. These By-Laws may be cited as the (Education Rate) By-Laws.

Application 2. These By-Laws shall apply only to Fijian males between the ages of 21 and 60— (a) who are members of a mataqali registered as a land owning unit in the province of Kadavu; (b) who own or lease land within the province of Kadavu and request to be included; (c) who live on Fijian land in the province of Kadavu and request to be included.

Registration 3.—(1) Every male referred to in by-law 2 (a) who has not attained the age of twenty-one years before 12 February 1971, shall, within two months after he reaches the age of twenty-one, register himself at the Provincial Office or Central Fijian Treasury as an education rate-payer of the Province.

(2) Any person over the age of twenty-one years referred to in by-law 2 (a) and any person who requests to be a rate-payer as provided in paragraph (b) or (c) of such by- law shall register himself at the Provincial Office during the first sixty days of the year in respect of which the rate is levied.

Education rate 4.—(1) The Council shall, by resolution, levy an education rate of not more than $5.00 per annum which rate shall be paid by each person referred to in by-law 2. 135 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(2) Such resolution shall specify a date on or before which the education rate levied shall be paid. (3) The education rate shall be calculated so as to cover all expenditure on education approved by the Council. (4) As soon as possible after the Council has approved the rate at which the education rate is to be levied, details of such rate shall be published in Na Mata and by other means available to the Council. (5) Such moneys as are paid by ratepayers under the provisions of these By-Laws shall be deposited monthly into an account in the bank to be called "the Kadavu Education Rate Account". Interest 5. Any amount of education rate not paid within thirty days of the date upon which payment of such rate is due shall bear interest at the rate of seven and one half per cent per annum. General 6. Moneys standing to credit of the account referred to in by-law 4 (5) shall be withdrawn and paid out in accordance with the estimates on education approved by the Council, and separate accounts shall be kept in respect thereof.

Responsibility for enforcement 7. The Roko or such persons as may be authorised by the Council in that behalf shall be responsible for the enforcement of these by-laws.

Exemptions 8. The provisions of regulation 42 of the Fijian Affairs (Provincial Councils) Regulations shall apply to the education rate as if such rate were a provincial rate.

Recovery of education rate 9. The provisions of regulation 37 of the Fijian Affairs (Provincial Councils) Regulations shall apply to the education rate as if such rate were a land rate.

Service of notices, etc. 10. Any notice, demand or other document required by these By-Laws to be served, shall be served in accordance with the provisions of regulation 44 of the Fijian Affairs (Provincial Councils) Regulations.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS KADAVU PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS 15 Local Government Notice No. 8 of 1973

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings

3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses

15 These By-laws were made through Local Government Notice No. 8 of 1973 and subsequently amended by Legal Notice No. 127 of 1979. 136 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals

16. Cattle, etc., not to be kept in village 17. Disposal of dead animals

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 2—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Kadavu Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 3—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been properly deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person. 137 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking, shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1970.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these by-laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of 138 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1).

Part 4—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

139 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 5—Animals Cattle, etc., not to be kept in village 16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

Part 6—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 7—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws. Boundaries of villages 25. For the purposes of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outer-most dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice No.127 of 1979.) Penalties 26.—(1) Subject to the provision of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails 140 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, By-Law 11, paragraph (1) of By-Law 14 and By- Law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provision of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any By-Law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 16 Local Government Notice No. 9 of 1973

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings 3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals 16. Cattle, etc., not to be kept in village 17. Disposal of dead animals

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

16 These By-Laws were made through Local Government Notice No. 9 of 1973 and were subsequently amended by Legal Notice No. 127 of 1979 141 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Lau Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provision of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing in that by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No. 127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

142 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No. 127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these by-laws; (b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1). Part 3—Sanitation Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

143 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village. Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes. Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1). Maitenance of latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals Rearing of animals in village 16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

Part 5—Water Supplies

Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health. Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water 144 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby. Copra driers, etc. 23. No copra drier, or cocoa drier shall after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws. Boundaries of villages 25. For the purpose of these by-laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice No.No.127 of 1979.)

Penalties 26.—(1) Subject to the provisions of by-law 9 (2) and (3), any person who fails to carry out any order given under the provisions of these By-laws or who fails to comply with any of the provisions of these By-laws, with the exception of those contained in by- laws10 (1), 11, 14 (1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

145 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 17

Local Government Notice No. 11 of 1973

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings

3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Maitenance of latrines

Part 4—Animals

16. Rearing of animals in village 17. Disposals of dead animals

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

17 These By-Laws were made through Local Government Notice No. 11 of 1973 and were subsequently amended by Legal Notice No. 127 of 1979 146 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Short title and application 1.—(1) These By-Laws may be cited as the Lomaiviti Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited well-seasoned bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in

147 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.129 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these by-laws; (b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorized person is in an insanitary or substandard condition. (2) Any occupier aggrieved by an order made under the provisions of sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1).

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish, overgrowth and offensive matter and receptacles wherein mosquitoes may breed and the Provincial

148 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened so as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Maitenance of latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals

Rearing of animals in village 16. No cattle, sheep, goat, horse, or pig shall be kept or allowed to remain within 200 feet of any dwelling, school, church or food store in any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be drained, fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. 149 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby. Copra driers, etc. 23. No copra drier or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village. Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws. Boundaries of villages 25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outer-most dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice No.127 of 1979.)

Penalties 26.—(1) Subject to the provisions of By-Law 9 (2) and (3), any person who fails to carry out any order given under the provisions of these by-laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in by-laws 10 (1), 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1) any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS NADROGA/NAVOSA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS 18 Local Government Notice No. 14 of 1973

TABLE OF PROVISIONS

BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings 3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions

18 These By-Laws were made through Local Goevernment Notice No. 14 of 1973 and subsequently amended by Legal Notice No. 127 of 1979 150 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation 10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Maitenance of latrines

Part 4—Animals 16. Rearing of animals in village 17. Disposal of dead animals

Part 5—Water Supplies 18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General 22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Nadroga/Navosa Province (Public Health) (Villages) By-Laws and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erection and other work connected therewith shall only apply to such buildings, erections and other work commenced after 15 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter or material may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the Roko Tui or an Assistant Roko Tui, who shall, wherever practicable only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from

151 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable. (Amended by Legal Notice No.12 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional coverings.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No. 127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these by-laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of sub-bylaw (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

152 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1).

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village. Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such conditions and, where appropriate, screened as to prevent the breeding of mosquitoes. Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burnt, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse and rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1). Maitenance of latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals Rearing of animals in village 16. No cattle, goat, sheep, horse or pig shall be kept or allowed to remain within the boundaries of any village.

153 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Disposal of dead animals 17. All dead animals shall be buried or burnt.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers to the satisfaction of the adviser on public health. Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitted cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated. Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby. Copra driers, etc. 23. No copra drier or cocoa drier shall, after 15 June 1973, be constructed within the boundaries of any village. Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purposes of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other building which for the purposes of this by-law should include churches and stores. (Amended by Legal Notice No.127 of 1979.)

Penalties 26.—(1) Subject to the provisions of by-law 9 (2) and (3), any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these by-laws, with the exception of those contained in paragraph (1) of by-laws 10 (1), 11, 14 (1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of paragraph (1), any expenses incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any By-Law to be executed by any person and not executed by him shall be paid by the person so in default.

154 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 19

Local Government Notice No. 23 of 1969

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings 3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation 10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Maitenance of latrines

Part 4—Animals 16. Rearing of animals in village 17. Disposal of dead animals

Part 5—Water Supplies 18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Naitasiri Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

19 These By-Laws were made through Local Government Notice No. 23 of 1969 and subsequently amended by Legal Notices No.112 of 1970 and No. 127 of 1979 155 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Interpretation 2. In these By-laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice No. 127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house, are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be 156 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these by-laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1). (Amended by Legal Notice No.112 of 1970.)

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the 157 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Maitenance of latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine. Part 4—Animals Rearing of animals in village 16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier, banana packing shed or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village.

158 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.

Penalties 26.—(1) Subject to the provisions of by-law 9 920 and (3), any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in by- laws 10 (1), 11, 14 (1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 20 Local Government Notice No. 22 of 1969

TABLE OF PROVISIONS

BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings 3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation 10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Maitenance of latrines

Part 4—Animals

20 These By Laws were made through Local Government Notice No. 22 of 1969 and subsequently amended by Legal Notices No. 112 of 1970 and No. 127 of 1979 159 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

16. Rearing of animals in village 17. Disposal of dead animals

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish Part 6—General 22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Namosi Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; 160 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall not be less than 45.7 cm above the ground. (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No. 127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these By- Laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1). (Amended by Legal Notice No. 112 of 1970.)

161 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health, or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes. Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw(1). Maitenance of latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals Rearing animals in village 16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Disposal of dead animals 17. All dead animals shall be buried or burned.

162 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health. Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tank etc 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health. No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby. Copra driers, etc. 23. No copra drier, banana packing shed or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village. Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these by-laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws. Boundaries of villages 25. For the purpose of these by-laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice No. 127 of 1979.) Penalties 26.—(1) Subject to the provisions of by-law 9 (2) and (3) any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these by-laws, with the exception of those contained by-laws 10 (1), 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

163 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

SECTION 6 AND REGULATION 27— FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 21

Local Government Notice No. 13 of 1973

TABLE OF PROVISIONS BY-LAW Part 1—Preliminary 1. Short title and application 2. Interpretation Part 2—Buildings 3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders. Part 3—Sanitation 10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines Part 4—Animals 16. Cattle, etc., not to be kept in village 17. Dead animals to be buried or burned.

Part 5—Water Supplies 18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish Part 6—General 22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Ra Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

21 These By-Laws were made through Local Government Notice No. 13 of 1973 and were subsequently amended by Legal Notice No. 127 of 1979 164 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing. Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No.127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice 127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

165 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No. 127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these By- Laws; (b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

Part 3—Sanitation Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-Law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph. Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

166 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village. Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals Cattle, etc., not to be kept in village 16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned 17. All dead animals shall be buried or burned.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

167 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier, banana packing shed or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these by-laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these by-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-Law shall include churches and stores. (Amended by Legal Notice 127 of 1979.)

Penalties 26.—(1) Subject to the provisions of by-Law 9(2)(3), any person who fails to carry out any order given under the provisions of these by-Laws, or who fails to comply with any of the provisions of these by-Laws with the exception of those contained in by-laws 10(1), 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub -bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS (PUBLIC HEALTH) (VILLAGES) BY-LAWS 22 Local Government Notice No. 12 of 1973

22 These By-Laws were made through Local Government Notice No. 12 of 1973 and were subsequently amended by Legal Notice No. 127 of 1979 168 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2----Buildings

3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation

10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals

16. Cattle, etc., not to be kept in village 17. Dead animals to be buried or burned

Part 5—Water Supplies

18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General

22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Rewa Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person"

169 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 3—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the Roko or Assistant Roko, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purposes of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m.

170 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

(Amended by Legal NoticeNo. 127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these By- Laws; (b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1). Part 3-----Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5 (b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that 171 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health:- Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine. Part 4----Animals

Cattle, etc., not to be kept in village 16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned 17. All dead animals shall be buried or burned.

Part 5—Water Supplies Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump. Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any 172 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs village may be contaminated. Part 6—General Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier, banana packing shed or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these by-laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice 127 of 1979.)

Penalties 26.—(1) Subject to the provisions of by-laws 9(1)and (2), any person who fails to carry out any order given under the provisions of these by-laws or who fails to comply with any of the provisions of these by-Laws, with the exception of those contained in by-laws 10(1), 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these by-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS SERUA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS 23

Local Government Notice No. 24 of 1969

TABLE OF PROVISIONS BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings

23 Thes By Laws were made through Local Government Notice No. 24 of 1969 and were subsequently amended by Legal Notices Nos. 112 of 1970, and No.127 of 1979

173 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3—Sanitation 10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions 14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals 16. Cattle, etc., not to be kept in village 17. Dead animals to be buried or burned

Part 5—Water Supplies 18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General 22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Serua Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council. Part 2----Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and 174 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative 175 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these By- Laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorized person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1). (Amended by Legal Notice No.112 of 1970.)

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5(b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph. Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village. Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.) (2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village. Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes. Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: 176 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse and rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine.

Part 4—Animals

Cattle, etc., not to be kept in village 16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned 17. All dead animals shall be buried or burned.

Part 5—Water Supplies

Wholesome water supply to be ensured 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated. Part 6—General Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the 177 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. (Amended by Legal Notice 127 of 1979.)

Penalties 26.—(1) Subject to the provisions of by-law 9(2) and(3), any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in by-laws 10(1), 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaw (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any By-Law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6 AND REGULATION 27—FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS TAILEVU PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS 24 Local Government Notice No. 11 of 1972

TABLE OF PROVISIONS

BY-LAW

Part 1—Preliminary 1. Short title and application 2. Interpretation

Part 2—Buildings 3. Healthiness of site 4. Space between dwelling-houses 5. Requirements for dwelling-houses 6. Floors 7. Minimum dimensions 8. State of repair and cleanliness 9. Provincial Council may issue orders

Part 3---Sanitation 10. Village latrines 11. Village drainage 12. Cleaning of villages 13. Anti-mosquito precautions

24 These By-Laws were made through Local Government Notice No. 11 of 1972 and were subsequently amended by Legal Notice No. 127 of 1979

178 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

14. Disposal of rubbish 15. Dead animals, etc., not to be thrown in latrines

Part 4—Animals 16. Cattle, etc., not to be kept in village 17. Dead animals to be buried or burned

Part 5—Water Supplies 18. Wholesome water supply to be ensured 19. Wells 20. Maintenance of tanks, etc. 21. No contamination by rubbish

Part 6—General 22. Overcrowding 23. Copra driers, etc. 24. Enforcement of By-Laws 25. Boundaries of villages 26. Penalties

Part 1—Preliminary

Short title and application 1.—(1) These By-Laws may be cited as the Tailevu Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages. (2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 29 December 1972.

Interpretation 2. In these By-Laws, unless the context otherwise admits, "authorized person" means a person authorized in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

Part 2—Buildings

Healthiness of site 3.—(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been properly deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material. (2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorized person. (3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro or Chairman of the Village Committee, who shall, wherever practicable only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorized by him in writing.

Space between dwelling-houses 4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice No. 127 of 1979.)

179 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Requirements for dwelling-houses 5. Every dwelling-house shall be provided with— (a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house; (b) a latrine of a type approved by the adviser on public health: Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply; (c) at least two doors and three windows; (d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorized person may consider to be suitable. (Amended by Legal Notice No.127 of 1979.)

Floors 6.—(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice No.127 of 1979.) (2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional coverings.

Minimum dimensions 7.—(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style. (2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high. (3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq.m. (Amended by Legal Notice No.127 of 1979.)

State of repair and cleanliness 8.—(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair. (2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition. (3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders 9.—(1) The Provincial Council may issue to the occupier of any house in a village an order in writing— (a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorized by him in writing— (i) is unsafe or otherwise unfit for human habitation; or (ii) has not been erected in accordance with the provisions of these By- Laws; (b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorized person is in an insanitary condition. (2) Any occupier aggrieved by an order made under the provisions of paragraph (1), may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the 180 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs order. (3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of sub-bylaw (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of sub-bylaw (1).

Part 3—Sanitation

Village latrines 10.—(1) Where the adviser has given a certificate under the provisions of the proviso to by-law 5(b), the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health. (2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorized person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage 11. The Provincial Council shall take such steps as the adviser on public health or an authorized person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages 12.—(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village: Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice No.127 of 1979.) (2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions 13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish 14.—(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burnt, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health: Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him. (2) No refuse and rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with sub-bylaw (1).

Dead animals, etc., not to be thrown in latrines 15. No dead animal, refuse or putrid food shall be thrown into any latrine. 181 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Part 4—Animals

Cattle, etc., not to be kept in village 16. No cattle, goat, sheep, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned 17. All dead animals shall be buried or burned.

Part 5------Water Supplies Wholesome water supply 18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers to the satisfaction of the adviser on public health. Wells 19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump. Maintenance of tanks, etc. 20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health. No contamination by rubbish 21.—(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination. (2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

Part 6—General

Overcrowding 22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc. 23. No copra drier or cocoa drier shall, after 29th December 1972, be constructed within the boundaries of any village.

Enforcement of By-Laws 24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorized person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages 25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this By-Law shall include churches and stores. (Amended by Legal Notice No.127 of 1979.) 182 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Penalties 26.—(1) Subject to the provisions of by-law 9(2) and (3), any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in by-laws 10(1), 11, 14(1) and 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment. (2) In addition to any penalty imposed under the provisions of sub-bylaws (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any By-Law to be executed by any person and not executed by him shall be paid by the person so in default.

SECTION 6—FIJIAN AFFAIRS (SAFETY AT SEA) REGULATIONS 25 Regulations 30 April 1966

TABLE OF PROVISIONS

REGULATION 1. Short title 2. Certificate of seaworthiness 3. Equipment of vessels 4. Number of passengers 5. Supplies of food and drink 6. Minimum length of vessels to travel outside reef 7. Penalty Schedule—Certificate of Seaworthiness

Short title 1. These Regulations may be cited as the Fijian Affairs (Safety at Sea) Regulations.

Certificate of seaworthiness 2.—(1) No Fijian shall undertake a voyage in a vessel or canoe of under two tons measurement when travelling beyond the protection of the reefs, unless the owner of such vessel or canoe is in possession of a valid certificate of seaworthiness in respect of such vessel or canoe, issued in accordance with the provisions of sub-regulation (2).

(2) Any person authorised by the Minister to act as a certifying officer under the provisions of these Regulations, shall, on application by the owner of a vessel or canoe of under two tons measurement, inspect such vessel or canoe, and, if he is satisfied that such vessel or canoe is sufficiently seaworthy to travel beyond the protection of the reefs, shall issue a certificate as in the form set out in the Schedule. Such a certificate shall be valid for a period of one year from the date of issue. (Amended by Legal Notice No.112 of 1970.)

(3) The owner and the master of a vessel or canoe of under two tons measurement shall not undertake or permit to be undertaken a voyage in such vessel or canoe beyond the protection of the reefs, unless a valid certificate has been issued in respect of such vessel or canoe under the provisions of sub-regulation (2).

25 These Regulations were made through Regulations of 30th April 1966 and were subsequently amended by Legal Notice No. 112 of 1970 183 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Equipment of vessels 3.—(1) The owner and the master of a vessel or canoe of under two tons measurement, other than an outrigger canoe, shall ensure that, when such vessel or canoe travels at any time beyond the protection of the reefs, it shall be equipped with a bailer, a rudder or steering oar, at least two oars, in addition to the steering oar, if any, and at least two rowlocks. (2) The owner and the master of an outrigger canoe of under two tons measurement shall ensure that, when such a canoe is travelling at any time beyond the protection of the reefs, it shall be equipped with a bailer and at least two vertical sculling oars (a i sau). (3) If any vessel or canoe travelling under the provisions of sub-regulations (1) or (2) is being used for hire or reward, the owner and master shall further ensure that such vessel or canoe is equipped with sufficient lifebelts, life jackets or other similar buoyancy aids for the number of persons on board.

Number of passengers 4.—(1) The owner of a vessel or canoe in respect of which a valid certificate has been issued under the provisions of regulation 2 shall ensure that the maximum number of passengers permitted under such certificate to be carried in such vessel or canoe when travelling beyond the protection of the reefs is carved or painted in a legible fashion in a prominent position of such vessel or canoe. (2) The owner and master of a vessel or canoe of under two tons measurement shall ensure that, at any time such vessel or canoe travels beyond the protection of the reefs, the number of persons on board does not exceed the maximum number permitted under a valid certificate issued under the provisions of regulation 2.

Supplies of food and drink 5. Each person travelling on a vessel or canoe of under two tons measurement beyond the protection of the reefs shall ensure that he has a sufficient supply of food and drink for his own use during the voyage.

Minimum length of vessels to travel outside reef 6. No vessel or canoe of less than twelve feet in length shall travel beyond the protection of the reefs.

Penalty 7. Any person contravening or failing to observe the provisions of these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding $100 or to imprisonment not exceeding six months or to both such fine and imprisonment.

SCHEDULE (Regulation 2)

CERTIFICATE OF SEAWORTHINESS

I certify that the vessel/canoe owned by of was inspected by me this day and found to be seaworthy, and may carry a maximum number of persons, when travelling beyond the protection of the reefs.

Dated this day of , 20 .

Certifying Officer

Name of Certifying Officer:

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Designation: Village, Tikina, Province:

SECTIONS 6 & 9 — FIJIAN AFFAIRS (TIKINA AND VILLAGE COUNCILS) REGULATIONS. 26 Legal Notice No. 61 of 1996

[12th July 1996]

TABLE OF PROVISIONS REGULATION 1. Short title 2. Interpretation Part 1—Tikina Council 3. Establishment 4. Membership and tenure 5. Disqualification of members 6. Chairperson 7. Power to co-opt members 8. Procedures 9. Tikina representative to Provincial Council 10. Meetings 11. Termination of membership 12. Advisers 13. Powers and functions 14. Power to make orders 15. Publication of orders 16. Penalty 17. Committees 18. Secretary and Treasurer 19. Annual report 20. Annual budget estimate 21. Tikina fund 22. Provincial Levy 23. Direction to Council Part 2—Village Council 24. Establishment 25. Membership 26. Proceedings 27. Chairperson 28. Turaga-ni-Koro 29. Functions 30. Selection of Turaga-ni-Koro 31. Attendance at meetings 32. Direction to Village Council 33. Translation

26 These Regulations were made through Legal Notice No. 61 of 1996 and subsequently amended by Legal Notices No. 87 of 1996 and No. 18 of 2002. 185 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs

Short title 1. These regulations may be cited as the Fijian Affairs (Tikina and Village Councils) Regulations.

Interpretation 2. In these regulations unless the context otherwise requires—

"Board" means the Fijian Affairs Board constituted under Section 4 of the Fijian Affairs Act and regulation 3 of the Fijian Affairs (Fijian Affairs Board) Regulations, 1996;

"Chairperson" means the person designated under regulation 6; regulation 17 or regulation 27 as appropriate;

"Council" means the Tikina Council constituted under regulation 3 or the Village Council constituted under regulation 24 as appropriate;

"Gazette" means the Fiji Republic Gazette;

"member" means the member of the Tikina Council or the Village Council as the case may be;

"Minister" means the Minister responsible for Fijian Affairs;

"NA MATA" means the official publication of the Board under that name published in the Fijian language;

"Secretary" means the person designated under regulation 18;

"Tikina" means a specific Fijian local government area within a province;

"Village" means any settlement established on native land according to custom or law or any settlement declared to be a village under a by-law duly approved by the Board, or in such other manner as may be prescribed by the Board, and published in the "Na Mata".

Part 1—Tikina Council

Establishment 3. There shall be in every Tikina a Council called a "Tikina Council" and shall be referred to in these regulations as the "Council".

Membership and tenure 4.—(1) The members of the Council shall be—

(a) the "Tui or Turaga i Taukei" of the Tikina or his or her nominee who shall be a member of his or her own landowning unit;

(b) the "Turaga ni Yavusa" of each Yavusa within the Tikina;

(c) any person holding a traditional or customary position in a Vanua;

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(d) the "Turaga ni Koro" of every village in the Tikina;

(e) one person, not being over the age of 30 years at the time of his or her selection, chosen by the youths who reside in the Tikina;

(f) one woman chosen by the women who normally reside in the Tikina;

(g) persons, not less than two but not more than five being registered members of landowning units in the Tikina, chosen by the members of the Tikina who permanently reside outside the Tikina;

(h) two persons being registered members of landowning units in the Tikina appointed by the "Tui" or "Turaga i Taukei".

(2) Persons who become members under subregulation (1) (a), (b) or (c) do so by virtue of their traditional positions and shall remain members for so long as they hold such positions.

(3) A person who becomes a member under subregulation (1) (d) does so by virtue of his or her position and shall remain a member for so long as he or she holds that position.

(4) Any person who becomes a member under subregulations (1) (e), (f), (g) or (h) shall hold office for a term of three years and shall be eligible for re-appointment.

Provided that the period served as a replacement member is not to be taken into account for the purpose of a new or further term. (Amended by Legal Notice No. 18 of 2002)

(5) For the avoidance of doubt, Section 17 of the Native Lands Act shall apply to any dispute over the proper holder of any of the positions specified under subregulation (1) (a); (1) (b) or (1) (c) of this regulation. (6) Membership of a Council shall be confirmed in writing by the Roko Tui of the Province to which a Tikina is a part.

Disqualification of members 5.—(1) No person shall qualify to be a member of a Council if he is— (a) a declared undischarged bankrupt; or (b) a person of unsound mind within the meaning of the Mental Treatment Act; or (c) under a sentence of imprisonment for a period of not less than six (6) months either as an in-mate or extra mural prisoner within the past two (2) years preceding his or her membership.

(2) A member of a Council who becomes disqualified under paragraphs (a), (b) and (c) of the preceding subregulation during his or her term of office shall vacate his or her membership immediately.

Chairperson 6.—(1) The "Tui" or "Turaga i Taukei" shall be the Chairperson of a Council, and in his or her absence from any meeting the members present shall appoint another person to preside at that meeting.

(2) Where there are more than one Vanua, the Chairperson shall be the one accepted by 187 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs consensus by all the Chiefs of the Tikina.

Power to co-opt members 7. The Chairperson may where he or she considers it necessary so to do, co-opt any person to be member of a Council and that person may participate at the meeting of the Council but shall not have the right to vote.

Procedures 8. A Council may determine its own procedure: Provided that—

(a) the decisions of a Council shall be made by a simple majority of those members present and entitled to vote at any meeting; and

(b) the quorum of a Council shall be a simple majority of the members.

Representatives to the Provincial Council 9. Every Council shall appoint a representative or representatives from amongst its members to the Provincial Council in accordance with Regulations 3(1)(a) and 20(a) of the Fijian Affairs (Provincial Councils) Regulations, 1996.

Meetings 10. A Council shall meet at least once every three months.

Termination of membership 11. Any member who fails, without good reason, to attend two consecutive meetings of a Council shall vacate his or her seat and the decision of the Chairperson of that Council on whether or not the reason for any such absence was justified shall be final.

Advisers 12. The Chairperson may, where a Council considers it desirable so to do, invite any person to advise a Council on any matter at any of its meetings and that person shall take part in the proceedings of the Council but shall have no voting right.

Powers and functions 13.—(1) It shall be the duty of the Council, in addition to any powers or duties especially conferred upon it under these regulations or any other law, to—

(a) consider such questions and make regulations, orders and by-laws con- cerning the good government, welfare and prosperity of the Tikina, and to implement regulations, orders and by-laws that are enforceable within the Tikina; (b) determine local priorities for development and in assisting with the attainment of social, cultural and economic goals;

(c) provide a forum for the discussion of Tikina problems and act as a vehicle for the enforcement of Provincial Council resolutions relating to the good government, welfare or prosperity of the inhabitants of the Tikina, and as a means of airing and resolution of disputes;

(d) be a forum for the channelling of decisions of the Government and Provincial Councils to the people of the Tikina;

(e) be a forum for the education of Tikina members on the problems relating to drugs, contagious diseases and or other associated problems.

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(2) Without prejudice to the generality of sub-regulation (1) above, a Council shall exercise its powers and perform its duties in respect of the following matters: (a) the improvement and maintenance of Tikina tracks and bridges;

(b) the improvement and maintenance of village cleanliness and amenities; (c) recommending the declaration of villages and village boundaries in a Tikina;

(d) recommending the establishment and maintenance of village cemetries;

(e) regulating including the prohibiting of, the making or consumption of any alcoholic beverage, in particular the beverage commonly known as "home brew", and prohibiting and policing the illegal use of drugs and other dangerous substances within the Tikina;

(f) maintaining public order, public morality and public health within the Tikina;

(g) the control of stray animals, wild or domesticated, and the establishment and control of pounds in the Tikina;

(h) the planting of adequate crops for food;

(i) regulating, including the prohibiting of, damage to or destruction of vegetation or amenities, by fire or otherwise, in the Tikina;

(j) the maintenance of places of historic importance, the preservation of wildlife and items and artefacts of value to the Fijians in the Tikina;

(k) the administration of any schemes for the supervision and control of prisoners in the Tikina and the rehabilitation of ex-prisoners therein;

(l) the co-ordination of pre-disaster planning and the rehabilitation; relief and reconstruction work after a disaster in the Tikina;

(m) the prescribing of any procedures or matter required for the effective carrying out of the provisions of this regulation.

Power to make Orders 14. Subject to the approval of the Provincial Council of the Province within which the Tikina is situated and the subsequent approval of the Minister, a Council may make orders for the purpose of enabling it to exercise its powers and perform its duties.

Publication of Orders 15. Every order made under these Regulations shall be published in the Gazette and in the next issues of the "NA MATA".

Penalty 16. Any person who contravenes any order made under this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $400 or to imprisonment for a period not exceeding six (6) months or to both such fine and imprisonment.

Committees 17.—(1) A Council may appoint Committees to deal with any matter touching upon any 189 Cap. 120 Rev. 2006 Subsidiary Legislation Fijian Affairs power, duty or function of that Council and each Committee shall consist of a Chairperson and members and advisers as the Council may appoint.

(2) A Committee established under sub-regulation (1) of this regulation may determine its own procedures.

Secretary and Treasurer 18.—(1) The Assistant Roko responsible for the Tikina, shall be the Secretary and Treasurer of the Council and in his or her absence from a meeting of that Council, the Council may appoint another person to be the Secretary at that meeting.

(2) The functions of the Secretary and Treasurer of a Council shall be the following—

(a) to convene, after consultation with its Chairperson, meetings of the Council;

(b) to prepare and maintain appropriate records of the proceedings at all meetings of the Council;

(c) to co-ordinate and facilitate the implementation of the resolutions of the Council;

(d) to be the accounting officer of the Council;

(e) to prepare the Annual Report and the Annual Budget Estimate of that Council as required by these regulations; and,

(f) to perform any other duties or functions as may be directed by that Council.

Annual report 19. Each Council shall, not later than the 28th day of February in each year, prepare and submit to the Roko Tui for the Province in which the Tikina is situated a report, signed by the Chairperson, on its activities for the year ending on the preceding 31st day of December.

Annual Budget Estimate 20. Each Council shall, not later than the 21st day of June in each year, prepare and submit to the Provincial Council detailed estimate of the revenue and expenditure of the Council, signed by the Chairperson, for the year commencing on the 1st day of January immediately following.

Tikina Fund 21.—(1) There shall be in each Tikina a fund called the "Tikina Fund" into which shall be paid all moneys received by the Council and from which shall be made all payments required to be made by the Council.

(2) Subject to the accounting directives contained in any Accounting Manual issued by the Board all moneys which form part of a Tikina Fund shall be paid into one or more bank accounts as the Council may from time to time decide.

Collection of Provincial Levy 22. Each Council shall determine the method of the collection in the Tikina of any rate, charge, fees or levy imposed by the Provincial Council in which the Tikina is situated.

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Direction to Council 23. In carrying out its functions and in exercising its powers under the provisions of these regulations, a Tikina Council shall act in accordance with such general or special directions as may be given by the Provincial Council.

Part 2—Village Councils

Establishment 24.—(1) There shall be in every Village a Council called the Village Council

(2) The Council shall assist the chief or traditional head of the village in the proper administration of the village. Membership 25. The persons entitled to attend and participate in the proceedings at a meeting of the Council shall be Fijians who are members of a landowning unit in that village, including school leavers and those Fijians who reside in or within the domain of the village notwithstanding their place of origin.

Proceedings 26. Each Council shall determine its own procedures and shall meet at least once in every three months. Chairperson 27.—(1) The Chairperson of the Council shall be the Turaga ni Yavusa of that village or a person appointed by him or her.

(2) Where the Chairperson of a Council is absent from a meeting, the members present shall appoint a member present to preside at that meeting.

(3) Where there are more than one Yavusa in a village, the Chairperson shall be determined by consensus by all the Turaga ni Yavusa of that village.

Turaga-ni-Koro 28.—(1) The Council shall appoint a "Turaga ni Koro" selected under regulation 30.

(2) The functions of the Turaga-ni-koro shall be—

(a) to organise meetings of the Council in accordance with its rules and procedures;

(b) to maintain appropriate records of the proceedings at the meetings of the Council;

(c) to co-ordinate the implementation of the resolutions of the Council;

(d) to prepare an Annual Report on the activities of the village to be submitted to the Tikina Council not later than the 15 th day of January in each year for the year ending on the preceding 31st day of December, and,

(e) to keep proper attendance record for the Council meeting;

(f) to keep custody and proper record of the village equipment and assets and the "Yau ni Koro" entrusted on him by the Council.

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Functions 29. The functions of the Council shall be— (a) to develop and improve the economic base of Fijians;

(b) to implement policies to improve, and develop the health, housing and sanitation needs;

(c) to implement policies to foster education, formal and informal, for the benefit of the village;

(d) to safeguard and improve spiritual development based on sound moral principles and teaching and unity of the village community;

(e) to formulate rules to ensure that respect and due regard is observed in the village, in matters affecting traditional authority, discipline and protocol;

(f) to ensure that all subordinate legislation and resolutions made by the Board, the Provincial Council and the Tikina Council affecting the people in the village are explained clearly to them and implemented for the good governance of the village.

Selection of Turaga ni Koro 30.—(1) Each village shall have a Turaga ni Koro to be selected by the residents of the village by consensus in the village Council and the selection shall be confirmed in writing by the Chairperson to the Tikina Council.

(2) The name of the Turaga ni Koro selected shall be submitted to the Council of the Tikina in which that village is situated for endorsement, after which that person shall be issued with a letter of appointment from the Tikina Council for a period of four years with effect from the date of appointment by the Tikina Council.

(3) Every Turaga ni Koro shall be paid remuneration or allowance which shall be prescribed by the Board from time to time.

(4) A Tikina Council may terminate the appointment of a Turaga ni Koro on the recommendation of the Village Council.

(5) If the Turaga-ni-koro resigns or have his or her appointment terminated the Village Council shall immediately select a replacement and the person selected shall hold the position to the end of the fourth year. Meetings 31.—(1) It shall be necessary for all persons referred to in regulation 25 to attend Council meetings. (2) A member who is unable to attend a Council Meeting, shall obtain leave through the Turaga ni koro, stating full reasons for his or her absence.

(3) It shall be an offence not to attend a Council meeting without leave.

Directions to Council 32. In carrying out its functions and in exercising its powers under the provisions of these regulations, a Council shall act in accordance with such general or special directions as may be given by the Tikina Council, or the Provincial Council.

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Translation 33. This regulation shall be translated into the Fijian vernacular and if there is any dispute, conflict or inconsistency in the interpretation of any provisions in the English and Fijian texts, the meaning conveyed by the English text shall be the meaning to be adopted. (Inserted by Legal Notice No. 61 of 1996)

Controlled byDepartment of Fijian Affairs Office of the Prime Minister

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