Review Report on Existing Consumer Protection Laws of Fiji: the Way Forward

REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

A Consumer Council of Fiji Report

March 2012

Funded by

CONSUMER COUNCIL OF FIJI EUROPEAN UNION About Consumer Council of Fiji (CCF) Consumer Council of Fiji (CCF) is a statutory organization dedicated to protect the rights and interests of consumers in Fiji and promote consumers’ interests nationwide through education, research, campaign and lobbying. It was established in 1976 and currently has 3 offices in Fiji. For more information, visit www.consumersfiji.org

© 2012. This work is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review as permitted under the Copyright Act, no part may be reproduced by any process without written permission.

USP Library Cataloguing-in-Publication Data Deshpande, Shirish V. Review report on existing consumer protection laws of Fiji /Shirish V. Deshpande. – Suva, Fiji : Consumer Council of Fiji, 2012. 71p. ; 30cm. ISBN : 97-982-98044-5-7 1. Consumer protection -- Law and legislation--Fiji. 2. Consumer education--Fiji. I. Consumer Council of Fiji. K3842.F5D372012 343.0710995

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P P.O.Box 64, Labasa T (679) 881 2559 F (679) 881 2559 E [email protected] REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

A Report by Advocate Shirish V Deshpande India

March 2012

Funded by

CONSUMER COUNCIL OF FIJI EUROPEAN UNION REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Index of Contents

1.0 Executive Summary 4

2.0 Terms of Reference 6

3.0 Background to the Development of the Policy Paper 7 3.1 Background 7 3.2 The Need for Reform 8 3.3 Areas for Reform in Current Legislation 8 3.4 Drivers of reform 8 3.4.1 Change in the market economy & changing needs 8 3.4.2 Inadequacies of existing legislations 9 3.4.3 UN Guidelines for Consumer Protection 9 3.4.4 Need for speedy and inexpensive redressal of consumer complaints 9

4.0 Overview of Consumer Protection 10 4.1 Scope of reform 10 4.2 Existing legislations under reform 10 4.3 Consumer Policy Framework 11

5.0 Consumer Protection laws under Review 12 5.1 Small Claims Tribunal Decree 1991 12 5.1.1 Advantages of SCT Decree 12 5.1.2 Inadequacies in the Decree 13 5.1.3 Stakeholders’ Comments & Response 13 5.1.4 Recommendations 14 5.2 Commerce Commission Decree 2010 15 5.2.1 Fixing and Declaring Prices 16 5.2.2 Restrictive & Unfair Trade Practices 16 5.2.3 Unfair Contract Terms 17 5.2.4 Recommendations 18 5.3 Fair Rents Act Cap. 269, Distress for Rent Act Cap. 36 & Real Estate Agents Act 2006 19 5.3.1 The Fair Rents Act 19 5.3.2 Distress for Rents Act 19 5.3.3 The Real Estate Agents Act 2006 20 5.3.4 Stakeholders’ Comments & Response 21 5.3.5 Recommendations 23 5.4 Sale of Goods Act Cap 230 23 5.4.1 Inadequacies in the Act 24 5.4.2 Stakeholders’ Comments & Response 24 5.4.3 Recommendations 24 5.5 Second Hand Dealers Act Cap 238 25 5.5.1 Inadequacies in the Act 25 5.5.2 Stakeholders’ Comments & Response 25 5.5.3 Recommendations 26 5.6 Consumer Credit Act 1999 26 2 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Index of Contents

5.6.1 Stakeholders’ Comments & Response 28 5.6.2 Insurance 30 5.6.3 Section 106 30 5.6.4 Credit Documents – Credit Fees and Charges 30 5.6.5 Schedule 1 – Fees and Charges 30 5.6.6 Statements of account 31 5.6.7 Warranties/Extended Warranties 31 5.6.8 Responsible Lending 31 5.6.9 Multiple Borrowers 31 5.6.10 Financial Hardship 32 5.6.11 Recommendations 32 5.7 Moneylenders Act Cap 234 33 5.7.1 Stakeholders’ Comments & Response 33 5.7.2 Recommendations 34 5.8 Consumer Council of Fiji Act Cap 235 34 5.8.1 Stakeholders’ Comments & Response 34 5.8.2 Recommendations 35

6.0 Consumer Empowerment and Redress 36 6.1 Mediation by the Consumer Council of Fiji 36 6.2 Small Claims Tribunal 36 6.3 Court System 36

7.0 Need to Strengthen Existing Institutions 37 7.1 Institutional Arrangement 37 Existing 37 Proposed 38

8.0 New Consumer Protection Legistaltion: Proposed Scheme of Consumer Protection Decree for Fiji 39 8.1 Stakeholders’ Comments & Response 39 8.2 Lessons from Indian Consumer Protection Act 40 8.3 Consumer Protection Decree (Proposed) 40

9.0 Proposed Scheme of Landlord and Tenancy Decree For Fiji 46

Appendix I Stakeholders’ List at Western Div. Workshop - 7th March 2011 49 Appendix II Stakeholders’ List at Suva Workshop - 10th March 2011 53 Appendix III One to One Stakeholders’ Meeting at Suva - 7th -11th March 2011 57 Appendix IV One to One Stakeholders’ Meeting at Lautoka - 7th -11th March 2011 58 Appendix V Suva - List of Stakeholders’ Workshop - 18th - 29th October 2010 58 Appendix V1 Western - List of Stakeholders’ Workshop - 18th - 29th October 2010 62 Appendix V11 One to One Stakeholders’ Meeting at Suva - 18th - 29th October 2010 67 Appendix V11I One to One Stakeholders’ Meeting at Lautoka - 18th - 29th October 2010 68

3 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

1.0 Executive Summary

The Consumer Council of Fiji (CCF) has reviewed the existing 10 pieces of consumer protection legislation and proposed a comprehensive single national Consumer Protection legislation for Fiji. This project was undertaken by the CCF as a part of a European Union funded project on “Strengthening Consumer Rights in Fiji and Eliminating Unfair Trade Practices through Advocacy & Enforcement of Consumer Protection Laws (CPLs)”. The project included a careful review of all legislation, including the Commerce Commission Decree 2010 that was passed during the final stage of the desktop review by repealing three pieces of legislation. Despite the existence of several piece of consumer protection legislations, many of them became outdated with advent of economic reforms. They have not been suitably amended to meet the challenges posed by the new liberal economy. Unfortunately economic reforms did not accompany legal reforms to better protect consumer interests. A single comprehensive piece of consumer protection legislation to recognize certain consumer rights/responsibilities and provide simple, speedy and inexpensive redressal machinery to settle consumer complaints has been recommended. The proposed legislation keeps in mind consumer interests on one hand and the concerns and suggestions of various stakeholders on the other. Recommendations to the Government are made in connection with each of the 10 pieces of existing consumer protection legislation which are as follows:

1.1 Commerce Commission Decree 2010: Considering the seriousness and impact of Restrictive Trade Practices (RTPs) and Unfair Trade Practices (UTPs) it is highly recommended to empower the Commission with powers to grant temporary and permanent injunction to restrain any person from continuing with RTPs or UTPs in the interest of consumers. For claiming compensation for losses suffered by the consumers, a court of competent jurisdiction will be the Consumer Tribunal and a suitable amendment to this effect may be made in the Commerce Commission Decree 2010, after enactment of the proposed Consumer Protection Legislation.

1.2 Consolidation of the Distress for Rents Act (Cap 36) and Fair Rents Act (Cap 269): The repeal of the Distress for Rents Act (Cap 36) and Fair Rents Act (Cap 269) is recommended, to be replaced with a consolidated “Landlord & Tenancy Decree” as described in the latter part of this report.

1.3 Sale of Goods Act to be re-named as “Sale of Goods & Services Act” in order to highlight the services component more prominently. Alternatively, the provision of this Act is recommended to be merged, with necessary changes, into the Commerce Commission Decree.

1.4 Second Hand Dealers Act to be renamed “Second-hand Goods Act” which will deal with second hand goods as well as second hand dealers. The Act is to be administered and enforced by the Ministry of Industry & Trade.

1.5 Merger of the Money Lenders Act with the Consumer Credit Act: Merging the Money Lenders Act [Cap 234] into Consumer Credit Act with necessary amendments in the latter Act has been recommended. Since the Money Lenders Act and the Consumer Credit Act both deal mainly with credit being made available to consumers, the Money Lenders Act may be merged into the Consumer Credit Act by providing a separate chapter to regulate and control private moneylenders’ activities.

1.6 Consumer Credit Act 1999: The Council through a consultancy with Fiji National University (FNU) has analysed the Consumer Credit Act 1999, Consumer Credit (Amendment) Act 2006 and Consumer Credit Regulations 2009. The observatons and recommendations on this legistlation is based on analysis provided by the consultant (Professor Ram Karan) from FNU. Financial services play an important role in social and economic development of a country. Access to credit has enabled fami- lies to purchase homes, educate family members, deal with emergencies, obtain goods and services

4 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

1.0 Executive Summary

and create self employment. Consumer credit reform has been tagged as a priority in light of the global recession where the negative impacts have resulted in many consumers facing high debt or repossession of properties. This legislation has many drawbacks. Financial institutions (non-banks) such as Dominion Finance Co. Ltd, Finance Pacific Corporation Ltd etc, and Carpenters Finance, are not currently licensed by the Reserve Bank of Fiji (RBF). There is no institution overseeing the operation of the Data Bureau. Unfortunately the Consumer Credit Act that deals with credit or money matters involves inspectors from Weights and Measures Department who are technical people which further make the enforcement of the Act ineffective. There is a need to establish an independent Financial Commission which will enforce the Consumer Credit Act and regulate financial institutions not supervised by RBF and money lenders in Fiji.

1.7 Unfair Contract Terms (UCT): Oftentimes a consumer finds himself/herself helpless with such Unfair Contract Terms in a contract which he/she is forced to sign much against his/her wish. A provision on ‘Unfair Contractual Terms’ needs to be included in the Consumer Credit Act.

1.8 Strengthening of Consumer Council of Fiji Act: Restoring the functions of the Consumer Council of Fiji which have been taken away through amendment legislation called the Consumer Council of Fiji Act (Amendment) Decree 1992 is recommended. This Act needs to be amended to give powers to the Consumer Council of Fiji to conduct mediation as a first step to redress. The amendment also considers providing locus-standi to CCF to appear in the proposed Consumer Tribu- nals.

1.9 An introduction of a comprehensive Consumer Protection Decree has been proposed which will recognize certain consumer rights/responsibilities and will provide a simple, speedy, and inexpensive redressal machinery to settle consumer disputes.

1.10 Establishment of Consumer Complaints Tribunal (CCT) and National Consumer Com- plaints Tribunal (NCCT) are proposed, which will exclusively handle “Complaints’ under the proposed Consumer Protection Decree. The Consumer Complaints Tribunal will be a single member Bench whilst the National Consumer Complaints Tribunal will comprise of an Original Bench and an Appellate Bench. The Original Bench will comprise of a Chairman and two members. The pecuniary jurisdiction of the Original Bench will be more than $5,000. The Appellant Bench will comprise of a High Court Judge and the two members that will deal only with appeals arising from the orders of the Consumer Claims Tribunal and National Consumer Claims Tribunal (Original Jurisdiction).

1.11 The Consultant has also recommended making use of the Small Claims Tribunal (SCT) infrastructure and even the referees of the SCT for the first stage of the recommended Consumer Tribunal under the proposed Consumer Protection Decree.

1.12 Complaint of the value not exceeding $5000 will be filed within the territorial jurisdiction of the Con- sumer Complaints Tribunal (CCT). Complaints of the value exceeding $5000 will be filed before the Original Bench of the National Consumer Complaints Tribunal (NCCT).

It is hoped that this exercise will enable the Government to initiate legislative reforms aimed at giving consumers, businesses and regulators a clearer, simpler, more flexible and less costly legal framework.

5 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

2.0 Terms of Reference (TOR)

The Consumer Council of Fiji (CCF), with financial assistance from the European Union, has undertaken a project known as “Strengthening Consumer Rights in Fiji and Eliminating Unfair Trade Practices through Advocacy & Enforcement of Consumer Protection laws (CPLs)”. As a part of this project, CCF appointed a consultant, Advocate Shirish V. Deshpande from India to review the existing piecemeal legislation in Fiji and to draft a consolidated Consumer Protection Act and Rules. The Consultant also reviewed the existing tenancy legislation and drafted laws to address issues relating to this area. As per the TOR, the Consultant studied and assessed the effectiveness of current CPLs in Fiji to advance fair trading and protection of consumers and their rights in the market place; studied the inadequacies, weaknesses and over-laps in the various legislations under scrutiny; And set out options for the legislative reforms aimed at giving consumers, businesses and regulators a clearer, simpler, more flexible and less costly legal regime. The consultant consolidated provisions from the several pieces of existing legislation meant for consumer protection into a simple, but comprehensive single Consumer Protection Act on the lines of India’s Consumer Protec- tion Act, but with necessary modifications to suit an island nation with a small population size. The consultant, with his team, carefully reviewed the 10 existing pieces of legislation. Although 13 separate pieces of legislation were stipulated in the Terms of Reference, during the final stage of a Desktop Review, the Government of Fiji passed the Commerce Commission Decree 2010 by repealing three pieces of the legislation which were under review. The consultant therefore reviewed the Commerce Commission Decree 2010. Some other legislation which directly or indirectly seeks to protect consumer interest was perused by the consultant. The consultant also visited Fiji for two weeks in October/November 2010 and undertook one-on-one meetings with various key stakeholders and attended two stakeholder workshops in Nadi and Suva to see the ground realities in relation to implementation of present CPLs and to get first-hand interaction with stakeholders (Refer Appendix III and IV for the list of stakeholders who participated in the workshop). The consultant visited Fiji again in March 2011 for a week to circulate the first draft review report including draft schemes of a Consumer Protection Decree and Landlord & Tenancy Decree to all stakeholders. The consultant also had one-to-one meetings with key stakeholders who had requested personal interaction on the draft report. The consultant presented his draft Review Report and proposed schemes for the Consumer Protection Decree and the Landlord and Tenancy Decree at the two workshops held in Nadi on 7 March 2011 and in Suva on 10 March 2011. (Refer Appendix I and II for the list of stakeholders who participated in the workshop). On his return from Fiji after the second visit, the consultant sent a revised draft for further comments from the stakeholders. The consultant reported receiving valuable input, comments, suggestions and objections from the Fiji Commerce Commission (FCC), Real Estate Board (REALB), Reserve Bank of Fiji (RBF), Ministry of Industry & Trade (MIT) and Consumer Council of Fiji. The Chief Justice and the Office of Solicitor General also sent valuable feedback and suggestions. The consultant considered all these responses while preparing this final report, which gives the revised scheme for the Consumer Protection Decree and Landlord & Tenancy Decree in light of discussions and suggestions at the workshops held in March 2011 and the responses received thereafter. After this exercise, the consultant made several recommendations to the Government in connection with each of the 10 pieces of consumer protection legislation reviewed that is found in this report.

6 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

3.0 Background to the Development of the Policy Paper

3.1 BACKGROUND Consumer protection in Fiji via the enactment of specific consumer protection legislation and necessary institutional set-up predates the 1985 UN Guidelines for Consumer Protection. The Parliament of Fiji passed the Consumer Council of Fiji Act (Cap 235) way back in 1976 and created Consumer Council of Fiji as an independent statutory body to promote and protect consumer interests in the country. However, a few laws (ordinances) prior to independence (1970) had some provisions designed to protect consumers such as the Fair Rents Or- dinance 1965 and Moneylenders Ordinance 1938. Since then Fiji has enacted various laws that incorporate provisions designed to protect consumers. In the early 1990s following the then Government’s economic liberalization policies, the Fair Trading Decree 1992 was passed whereby some functions of CCF were transferred to the newly-created Department of Fair Trading & Consumer Affairs. Since then no major review or reform of Consumer Protection legislation has occurred with the exception of the establishment of the Fiji Commerce Commission and subsequent changes to fair trading legislation up to the recent Commerce Commission Decree 2010. Fiji also has more than a dozen laws which aim to promote and protect consumer interest. As such it can be said that Fiji enjoys a long tradition of more than 35 years of consumer protection. Although Fiji may boast of an array of laws and regulations that include consumer protection provisions or areas where consumer interests are taken into account, it remains a fact that Fiji does not have single comprehensive consumer protection legislation, unlike many other countries in Asia Pacific region. There is legislation, as enumerated below, which operate in Fiji that either provide direct protection to consumers or include aspects of consumer protection. The Fair Trading Decree 1992, Counter-Inflation Act [Cap 73] and Commerce Act 1998 have recently been repealed and replaced by the Commerce Commission Decree 2010.

LEGISLATION CATEGORY OBJECTIVE 1 Consumer Council of Fiji Act [Cap 235] Consumer interests To promote consumer interests 2 Sale of Goods Act [Cap. 230] Sale of goods and services Relates to the sale of goods and services, lay-by sales, unsolicited goods and misrepresentation 3 Trade Standards & Quality Control Standards/Quality/ Information Provides standards in regulating the safety and quality of products and the Decree 1991 quality control authorities 4 National & Trade Measurement Decree Measurement Packaging Ensuring there is fair and equitable trading for both buyers and sellers in the 1989 market, involving the measurement of physical quantity 5 Small Claims Tribunal Decree 1991 Tribunal dealing with claims less Provides for a Tribunal for parties to have their disagreements resolved when the than $5000 complaint is below $5000 6 Commerce Commission Decree 2010 Restrictive Trade Practices and Fair Control over prices, charges, remuneration, dividends and rents; competition Trading. Price regulated goods and fair trading and services 7 Food Safety Act 2003 Food Provides standards and regulations for food production, labelling, sale etc. 8 Fair Rents Act [Cap 269] Residential tenancy Determination of fair rents for dwelling houses and other rental accommodation 9 Distress for Rent Act [Cap 36] Any form of tenancy Relating to distress for rent 10 Insurance Act 1998 Insurance Regulate business insurance 11 Moneylenders Act [Cap 234] Money lending Control of money lending services 12 Second Hand Dealers Act [Cap 238] Second hand goods Controlling the sale and purchase of second hand goods 13 Consumer Credit Act 1999 Credit/hire purchase Provides a legal framework for the provision of consumer credit by credit providers 14 Legal Practitioners Decree 2009 Legal/lawyer services Independent Legal Services Commission to address consumer complaints against lawyers 15 Medical and Dental Practitioner Dental & medical services Redress for complaints against medical and dental practitioners Decree 2010 16 Land Transport Act 1998 Public transport services Regulates fares, consumer safety and provides route licensing 17 Public Health Act [Cap 111] Consumer health & safety Consumer health, sanitation, environmental risks etc.

7 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

3.0 Background to the Development of the Policy Paper

3.2 The Need for Reforms Waves of economic reforms by way of liberalization, privatization and globalization started sweeping Fiji in 1989. At that time the Government put forward a comprehensive structural reform programme aimed mainly at improving economic growth. This economic liberalization focussed on opening local markets to imports and also encompassed the gradual removal of state subsidies and the corporatization of government services. The promotion of deregulation saw removal of tariffs, quotas and other so-called barriers to trade. One of the out- comes of this shift is the ‘user-pays’ principle replacing state-funded/state-subsidized consumerism of the past. This made consumers in general weaker and disadvantaged with the most vulnerable consumers marginalised. Unfortunately, economic reforms did not accompany legal reforms in existing consumer protection laws in Fiji. Despite the existence of several pieces of consumer protection legislations, many of them became outdated with advent of economic reforms. They have not been suitably amended to meet challenges posed by the new liberal economy. Even otherwise, the existing consumer protection legislation is found to be woefully inadequate in protecting consumer interest. For example, if a person suffers injury or loss on account of consuming some adulter- ated food product, the existing laws only provide for punishment/penalty to the offender. But no simple, effective and speedy mechanism exists in present judicial dispensation which will force the offender to compensate the consumer for injuries or losses suffered by him/her. The current consumer protection legislation therefore needs to be reviewed. The Consumer Council of Fiji and other stakeholders have highlighted the need to amend these existing laws and regulations to take into account the emerging market situation in Fiji which is far different from when these laws were first enacted. Although there is a plethora of consumer protection legislation covering various consumer issues and each having different enforcement agencies, consumer protection in Fiji is fragmented, incoherent and costly. This situation calls for reforms in existing consumer protection legislation.

3.3 Areas for Reform in Current Legislation Reforms, unlike mere amendments to the legislations, call for major changes not only in statutes but also in systems and institutions created by statutes. Broadly, the following areas for reforms in current consumer protection legislation are visualized. • Review of Fiji’s consumer policy framework. There is no existing consumer policy framework. The newly designed framework will need to include the three pillars of the UN Guidelines for Consumer Protection – legislation, education/awareness and redress • Weaknesses in the existing consumer protection legislation • Outdated legislation • Overlaps and duplications in various laws • Gaps and constraints in the current regulatory regime • Legislation which can be merged for effective implementation • Ineffectiveness of enforcement agencies • Legally establishing a separate, effective and efficacious consumer redress system • Supportive role of the Government and statutory organizations involved in consumer protection • Institutional arrangements to monitor and enforce new laws including systems of redress.

3.4 Drivers of Reform 3.4.1 Change in market economy & changing needs There has been a drastic shift in Fiji’s market economy from a closed and protective economy based on government subsidies to a ‘user-pay’ profit-oriented market economy. With the change in market profile and competition in its place, the consumer is more confused than ever before by the wide choice before him/her coupled with misleading advertisements and tempting and deceptive offers and schemes. Technological changes where plastic money (credit cards) replaced conventional currency, an increase in uptake of mobile phones and internet,

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3.0 Background to the Development of the Policy Paper

coupled with the introduction of electronic mobile money transfer (M-Paisa and Digimoney), need consumer protection laws to gear up to meet the challenges posed by these innovations.

3.4.2 Inadequacies of existing legislations Consumer protection legislation has not moved with and adapted to changing social and economic conditions. The laws have not been reviewed and amended to meet the changing needs of consumers. Many laws have been rendered archaic, calling for major changes or outright replacement. There are several pieces of legislation that need to be brought in line with changing times and changing needs of consumers as well as business and trade. There are noticeable duplications and overlaps in many consumer protection laws that are avoidable. Fragmented consumer protection legislation needs to be replaced with a comprehensive but simple piece of legislation which is commensurate with changing economic and social needs.

3.4.3 UN Guidelines for Consumer Protection The UN Guidelines for Consumer Protection expect member nations to design policies and legislation that will effectively address the problems arising from the power imbalances where disadvantaged consumers suffer in the market place while interacting with well organised and powerful business, trade and industry. The need for a level playing field and rebalancing of power for consumers has become more acute and urgent with competition invading the local markets of Fiji.

3.4.4 Need for speedy and inexpensive redressal of consumer complaints The advanced technology has resulted in speedier and more technically complex consumer transactions taking place in the market. Under such circumstances traditional dispute redressal systems have not only become archaic and outdated but also ludicrous. There is, therefore, an urgent need for a speedy, inexpensive and simple but effective redress system to address consumers’ variety of concerns and problems.

9 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

4.0 Overview of Consumer Protection

4.1 Scope of reforms There are several pieces of legislation which directly or indirectly seek to protect consumer interest. However this report deals with review and reforms in the following ten pieces of legislation.

4.2 Existing legislations under reform Reforms have been proposed for the following.

Legislation Category Objective 1 Consumer Council of Fiji Act [Cap. 235] Consumer Interest To promote consumer interest. 2 Consumer Credit Act 1999 (+ Credit/ Hire purchase. Protection of consumers availing credit from Amendments 2006) credit providers. 3 Commerce Commission Decree 2010 1 Price control To control and regulate prices of goods and Fair Trading services. Restrictive Trade Practices Promoting competition in market Protecting Consumers against unfair and restrictive trade practices. 4 Fair Rents Act [Cap 269] Tenancy Protecting tenants from unfair practices of landlords 5 Distress for Rents Act [Cap. 36] Tenancy Protecting Land lords against defaults by tenants. 6 Real Estate Agent Act 2006 Real estate Regulating activities of Real Estate Agents and thereby protecting tenants’ interest. 7 Moneylenders Act [Cap 234] Money lending Protecting borrowers /debtors from private money lenders unfair practice. 8 Sale of Goods Act [Cap 230] Sales of goods and services. Regulating sale of goods and services, lay-by sales, unsolicited goods and misrepresentation. 9 Second-Hand Dealers Act [Cap 238] Sale/purchase of second hand Protecting consumers in purchase of second goods. hand goods 10 Small Claims Tribunal Decree 1991 Small claims Speedy and cheap redressal of claims upto $ 5000

(Footnotes) 1 Almost at the end of the Desktop Study, the Commerce Commission Decree 2010 was promulgated. This Decree has repealed the following Acts and Decrees. a) Fair Trading Decree 1992 b) Fair Trading Amendment Act 1998 c) Fair Trading Amendment Act 2005 d) Commerce Act 1998 e) Commerce Amendment Promulgation 2008 f) Counter Inflation Act [Cap 73]

10 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

4.0 Overview of Consumer Protection

4.3 Consumer Policy Framework There is no formal Consumer Protection Policy framework in place in Fiji and in fact many countries do not have formal or well-defined consumer policies as such. However, it is critically important for the consumer policy framework to ensure compliance to the Act through a range of strategies including court actions, administrative settlements, education and liaison programs, the media and by working with business on specific programs to bring about a change in conduct. In the modern economy just as consumers are facing the challenge of exercising choice wisely in the market place, the enforcement agencies also face the challenge of exercising powers wisely to ensure vigorous enforcement of the Act. To promote compliance in a modern economy, it is critical that the regulator: • be well informed of the latest trends in market developments and consumer issues; and • uses the most effective mix of litigation, administrative settlements, persuasion and education that will lead to compliance with the law in a growing number of areas. However, taking into consideration various consumer protection laws in Fiji, it can be said that they are meant for, directly or indirectly, promoting and protecting universally accepted consumer rights -- as can be seen from existing legislation and the consumer rights they aim to protect. The Consumer Protection Policy Framework needs to take into consideration the UN Guidelines which talk about rights and responsibilities. The Government must develop the policy with the three key pillars from the UN Guidelines which are: legislation, education/awareness and redress. There are number of consumer protection legislations that uphold consumer rights as stipulated in the UN Guidelines. Right to Safety: i) Sale of Goods Act [Cap 230], ii) Trade Standard & Quality Control Decree 1991 iii) Food Safety Act 2003/Food Safety Regulations 2009. Right to be Informed: i) Commerce Commission Decree 2010, ii) Food Safety Act 2003/Food Safety Regulations 2009 iii) National & Trade Measurement Decree 1989 iv) Trade Standards & Quality Control Decree 1992 Right to Choose: i) Commerce Commission Decree 2010, Sale of Goods Act [Cap 230] Right to be Heard/Represented: i) Consumer Council of Fiji Act [Cap 235], Commerce Commission De- cree 2010 Right to Redress: i) Consumer Council of Fiji Act [Cap 235], ii) Small Claims Tribunal Decree 1991 iii) Legal Practitioners Decree 2009 iv) Medical & Dental Practice Decree 2009 v) Consumer Credit Act 1999 vi) Commerce Commission Decree 2010 Right to Consumer Education: Consumer Council of Fiji Act [Cap 235] Right to Basic Needs: Commerce Commission Decree 2010 Right to Healthy Environment: i) Environment Management Act 2005, ii) Ozone Depletion Substance Act 1997, iii) Public Health Act [Cap 111] However, notwithstanding the legislation listed above meant for protecting consumer interest, there is an absence of a clear and express policy statement which can reflect Government’s commitment to protect consumer rights and interests. Any action of trade, industry and business can then be faulted or supported (as the case may be) on the ground of such a well defined and well articulated consumer protection policy. It is therefore highly desirable to have a precise and well-defined consumer protection policy based on the UN Guidelines for Consumer Protection. The proposed Consumer Protection Decree, Landlord & Tenancy Decree and amendments to other consumer protection legislation automatically build the policy framework for consumer protection by addressing the problems faced by consumers in an informal, speedy and cost effective manner.

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5.0 Consumer Protection Laws under Review

5.1 Small Claims Tribunal Decree 1991 Objective: The Small Claims Tribunal Decree 1991 has the objective of providing prompt and inexpensive relief to claimants of small claims. The Decree provides for the Small Claims Tribunal to deal with claims up to $5000. The primary function of the Tribunal is to bring the parties to a dispute to an agreed settlement. The function of the Tribunal is quasi-judicial in nature. The Tribunal proceeds on the basis of principles of natural justice. The proceedings before the Tribunal are informal and simple. The presence of lawyers is generally prohibited and only allowed in certain circumstances. The fees payable by the claimant are also nominal and the relief provided is also relatively speedier compared to conventional matters. The ‘Claimant’ under the SCT Decree is not necessarily or exclusively a “consumer”. He/she can be and often is, a trader, businessman or a landlord trying to recover claims or debts from a consumer. The Tribunal is headed by a referee, who is not necessarily a lawyer or a magistrate. The Fiji Institute of Applied Science (FIAS) studied the effectiveness of the Small Claims Tribunal in 2009 at the behest of Consumer Council of Fiji. The report titled The Small Claims Tribunal: an Effectiveness Study is the outcome of considerable research and it throws light on the functioning of the SCT in Fiji since 1996, when the first Tribunal was established. The experience of the claimants who approach SCT is summed up in the report as follows:

Yes No Were any lawyers involved in your dispute before SCT? 15 % 85 % Did your opponent take the SCT seriously? 91 % 9 % Were proceedings easily understandable? 96 % 4 % Any need to follow up on payment? 19 % 81 %

From the information, it appears that the parties can approach the SCT without assistance of lawyers. It further shows that the proceedings before the SCT are conducted in a simple manner and are easily understandable to an overwhelmingly large majority (96%). It also shows that good majority (81%) did not have to follow up on payment ordered by SCT. However, this particular statistical finding is some what inconsistent with another finding in the same report where 29% claimants have stated that they did not receive the payment ordered by the SCT. It is somewhat baffling that when 29% of the claimants have not received payments ordered by the SCT, how is it that only 19% claimants state that there was a need to follow up on payment? Does it mean remaining 10 % simply did not bother to follow up? The said survey also shows that 27% of the claimants received the payment within 2 weeks of the decision and another 28% received payment between 2 weeks and one month. Thus, 55% of the claimants surveyed received the payment in less than one month. 13 % claimants received payment between one month and one year and 3% claimants receive payment over one year. However, 29% claimants claiming that they have not received payment is quite alarming and raises questions about efficacy of SCT orders and underscores a need for some corrections in the prevailing system.

5.1.1 Advantages of SCT Decree • SCT is easily accessible and inexpensive • SCT proceedings are simple and easily understandable • SCT proceedings are informal, non-adversarial • SCT proceedings are speedy • Absence of lawyers makes the proceedings non-intimidating

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5.0 Consumer Protection Laws under Review

5.1.2 Inadequacies in the Decree In spite of these advantages the SCT is not without certain disadvantages as reported in the FIAS survey. • Section 5 of the SCT Decree empowers the Minister to de-establish the SCT at any time. • No specific qualifications are prescribed for a person to be a Referee on the SCT. Although the Ref- eree is required to deal with contracts and is empowered to set aside harsh or unconscionable terms of contract, no legal qualifcations are prescribed for the Referee. • That Referees are not properly and adequately trained is reflected in the quality of the orders of the SCTs. • Vacancies on SCTs are not filled in a timely way, resulting in delays • Delays in serving documents to respondents • Half of all claims filed in Suva SCT were claims by business while claims against business comprised only 12 % of all claims. Thus the speedy and inexpensive remedy provided by the Government for the benefit of ordinary people is being exploited by business for commercial gain • A substantial number of claims before SCT pertain to debt recovery. • SCT orders are not complied in many cases and claimants tend to give up their efforts and also give up their claims considering time and money involved in the process. A first hand experience of the functioning of the SCT in October 2010 is summarized here: a) The SCT Decree is a very good piece of social legislation which provides for speedy and inexpensive settlements of small claims up to $5000 b) The administration cost for SCT is low c) SCT provides easy access to justice with a simple, informal and non-intimidating procedure d) SCT, as a system, has a tremendous potential to be an effective instrument of dispensation of justice e) The hearings before SCT are truly simple, non-legalistic and informal f) There were hardly any lawyers seen on the premises of SCT g) The proposed Consumer Protection legislation can be ideally modeled on the SCT Decree with necessary modifications. h) In many cases, consumers are seen on the receiving end when money-lenders and traders in hire purchase schemes approach SCT for recovery of their outstanding dues or default in payment of instalments by consumers.

5.1.3 Stakeholders’ Comments & Responses Various suggestions emerged from stakeholders after two workshops held in Nadi and Suva in October 2010 and March 2011 and after the draft report with recommendations was circulated in April 2011. Some of the important suggestions/statements of the stakeholders are discussed below with comments: a) Pecuniary Jurisdiction: As per section 8 of SCT Decree 1991 the Pecuniary Jurisdiction in respect of any claim shall not exceed $5000. It was suggested by some stakeholders to increase this limit to $10,000. However, this suggestion was opposed by many stakeholders. Considering this is a “Small Claims Tribunal”, the present limit of $5000 should remain as it is for some time. b) Minimum qualifications for the Referees:- Although section 6 of the SCT Decree requires the Chief Justice, after consultation with the Minister, to appoint qualified persons as Referees, no such qualifications are stipulated anywhere in the Decree. The Consultant’s recommendations to prescribe certain minimum qualifications have been welcomed by most of the stakeholders. It is recommended that a Law Degree/ Diploma should be considered as a minimum qualification for any person to be appointed as a Referee.

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Considering the legal duties that the Referee is required to perform under the Decree, adequate knowledge of law is essential for this post. c) Fees for Filing the Claim: There were suggestions to increase the fees payable in the SCT at least by the claimants having “commercial purpose”. However, this suggestion, if accepted, would lead to discrimination amongst the different claimants and hence the suggestion is that the present fee structure should continue uniformly for all claimants. d) Service to the Respondents: Considering that the present system of serving the documents/notices on respondents causes avoidable delays, the suggestion that claimants be encouraged to serve the documents/ notice on respondents directly either personally or through the postal service and file an affidavit for having served the respondent is supported. In such cases, it is further suggested that the claimants should be reim- bursed the cost for such serving. e) E Filing: - It was suggested to amend the claim procedure to accept claims from the claimants by emails or by fax after proper authentication. After discussions with the various stakeholders it is suggested this system may be introduced in due course after the SCT infrastructure is geared up to handle it. f) Appearance of Lawyers: -- Although normally lawyers are not permitted to appear in the proceedings before the SCT as per Sec.24 (5), this prohibition does not apply where the employee who is representing a corporation or an unincorporated body happens to be a barrister or a solicitor. On the other hand if an employee/representative of CCF happens to be a barrister or solicitor, he/she is not allowed to appear as per Section 25 (6) of the SCT Decree. This leads to an uneven playing field. Although some stakeholders opposed the proposal to allow a CCF employee who is also a barrister or solicitor, to appear before SCT, it is strongly recommended that when solicitors of corporations or unincorporated bodies are allowed, then equity demands that the employees of CCF who happen to be barristers and solicitors must also be allowed. g) The Solicitor General’s Office has suggested having at least two SCTs in the Central Division. This is a matter of administration and can be decided depending on the work load.

5.1.4 Recommendations a) Pecuniary Jurisdiction: The Consultant is of the opinion that the pecuniary jurisdiction of SCT should remain up to $5,000 for time being, but the system needs to be strengthened further. b) De-establishing SCTs: Section 3 (5) of the SCT Decree needs to be amended to prevent dises- tablishing of SCTs by the Minister at any time and to provide for their continued existence. c) Minimum Qualifications for Referees: Minimum qualifications for the post of Referee should be a Law Degree/Diploma from any recognized University or tertiary institution. d) Training: Adequate training and regular continuing education programmes for the Referees should continue to ensure effective, efficient and qualitative discharge of functions by the Referees. e) Service of Documents/Notices: An effective system of serving documents on respondents needs to be worked out in order to avoid delays. This is an administrative matter and does not call for any amendment in the existing SCT Decree. The claimants are to be encouraged to ensure service is effected. The cost of service incurred by the claimants should be recovered from the respondents if the claim is accepted by the SCT. f) Time Line: A time frame of 45 days is recommended for disposal of complaints. g) Claims by Fax/Emails: The claims procedure may be amended to accept claims by emails and fax, but only after proper authentication. This may be incorporated into the court system in due course.

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h) CCF Representation: The anomaly in Section 24 (5) and (6) of the SCT Decree needs to be removed in order to ensure a level playing field. Since the representative of corporation or an unincorporated body who happens to be a barrister or a solicitor is allowed to represent the party before the SCT, by same logic the representative of CCF if he/she happens to be a barrister or a solicitor must be allowed to represent the claimant. i) SCT Infra-Structure for Consumer Tribunals: Taking into consideration suggestions from various stakeholders, it is proposed to make use of the SCT infrastructure and even the Referees of the SCT for the first stage of the proposed Consumer Tribunal. Hence, there will be a Consumer Complaints Tribunal (CCT) which will exclusively handle “ Complaints “ (and not claims) under the proposed Consumer Protection Decree. (Further discussed under the proposed Consumer Protection Decree chapter.)

5.2 Commerce Commission Decree 2010 As stated earlier in this report, the Fair Trading Decree 1992 + Amendments, Commerce Act 1998 + Amend- ments and Counter Inflation Act-1978 have been repealed and replaced by the Commerce Commission De- cree 2010. Hence no useful purpose will be served to discuss the shortcomings or inadequacies in those Acts or Decrees which stand repealed. The decision to merge the above three Acts/Decrees into Commerce Commission Decree was prudent and it has taken care of certain overlaps and duplications that prevailed among the previous legislation. The Commerce Commission Decree 2010 was promulgated with the following objectives: a) To promote interests of consumers b) To promote effective and efficient development of industry, trade and commerce c) To promote effective competition in industry, trade and commerce d) To ensure equitable returns for business with fair and reasonable prices charged to consumers. The Commerce Commission Decree 2010, having 12 Parts and in all 163 sections, deals with:- a) Establishment of the Fiji Commerce Commission (FCC) b) Access Agreements c) Arbitration of disputes d) Control of prices e) Telecom services f) Fixing and declaring prices g) Provisions relating to prices for goods and services h) Restrictive Trade Practices i) Consumer Protection and Unfair Trade Practices j) Conditions and Warranties k) Enforcement and Remedies. Out of the 14 functions of the Fiji Commerce Commission (FCC) listed under section 15 of the Commerce Commission Decree 2010, at least five functions expressly emphasize “consumer interest” and one more function for fixing and declaring maximum prices also takes care of consumer interest without saying it in so many words. It is thus clear that the Fiji Commerce Commission has a heavy responsibility in protecting consumer interests. With this background, it needs to be seen how far the Commission is empowered under the Decree to discharge the function of protecting consumer interest.

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5.2.1 Fixing and Declaring Prices The Commission is vested with the power to fix and declare maximum prices or charges by any persons in the course of the business of sale of goods or services, with the approval of Minister, under Part 5B of the Decree. The Commission is also vested with the power to restrict increases in rent in respect of tenancy. The Com- mission is empowered to impose “on-spot penalties” against the offenders (S59) to ensure strict compliance of provisions of Price Control under Part 5B & C of the Decree. Notwithstanding such effective provision under section 59, the provision under Sec 53 (1) of the Decree is not properly worded. This sub-section, in effect, stipulates that no person carrying on business can refuse to sell goods or services at the maximum price fixed and declared under Sec 44 (1). In order to convey the real intent of the law-makers, it can be better worded as: “No person carrying on the business of the sale of goods and having…………shall, except with reasonable cause, the onus of proving which shall be upon him, sell goods or supply any services to any person………at a price higher than the maximum price fixed.” Considering the price fixed is a maximum cap, the consumer has a right to get these goods and services at prices lower than the maximum price fixed by law. The original wording under section 53(1) gives the impression that goods/services cannot be sold at a price lower than the maximum price or it could also mean that goods/services must be sold at maximum price only, and hence this suggestion for re-wording.

5.2.2 Restrictive & Unfair Trade Practices Part 6 of the Decree elaborately enumerates Restrictive Trade Practices (RTPs) and Part 7 elaborately enumerates Unfair Trade Practices (UTPs). Both these practices have been listed ’exhaustively’. It is, therefore, always possible for any business or trade to come up with any new RTPs or UTPs not specifically covered under the Decree. It is therefore necessary to make both the RTPs and UTPs under the Decree ’inclusive’ in nature instead of exhaustive in nature. An appropriate amendment to this effect is recommended in Part 6 and 7 of the Decree. In this connection, some stakeholders have expressed their reservations about making the said definitions inclusive. However, considering that markets and market practices are always dynamic and statutory provisions static, it is necessary to cover the possible innovations and ingenuity of traders and manufacturers in introducing practices which are not listed in the definitions of RTPs and UTPs. Hence it is highly desirable to have inclusive definitions of RTPs and UTPs. It is pertinent to note that under the Indian Consumer Protection Act, although the definition of Unfair Trade Practice runs into three pages, this definition is still made inclusive, with a view to cover any possible unfair conduct not covered under the definition. Efforts are made in the Decree to protect the interests of consumers by declaring that if a provision in any contract, arrangement or understanding has an effect of lessening competition or if it is restrictive in nature, then it is unenforceable. Part 6 of the Decree elaborately defines various types of Restrictive Trade Practices. However, by merely declaring that they are not enforceable is not going to protect consumers in the market place. The De- cree does not empower the Commission to impose on the spot penalties in the cases where RTPs are adopted by business and trade, as provided under section 59 of the Decree. This may be because the breaches covered under section 53 are of minor nature, as pointed out by the Fiji Commerce Commission. The Decree also enumerates at length various Unfair Trade Practices in Part 7 and further declares that adoption of such UTPs is an offence. However, the Decree does not empower the Commission to impose on-spot penalties in this case either. In the second round of interaction with the stake-holders, a learned Resident Magistrate not only welcomed the suggestion of imposing on-spot penalties but further suggested that like Traffic Infringement Notices, traders may be issued “Consumer Laws Infringement Notices” (CLINs) and such penalties and the collection be credited to a Consumer Welfare Fund. The learned Magistrate has also given an opinion that failure to pay CLIN should lead to doubling the penalty. He suggested the methodology under Section 56 of the Sentencing & Penalty Decree 2009 could be implemented in this regard. Whilst in agreement with this suggestion, the collection by CCF as suggested by the Magistrate appears to be impractical. Perhaps the FCC machinery could be fruitfully used for this system.

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The learned Magistrate further expressed the view that such penalties and punishment will not ensure justice to consumers and has suggested immediate restitution procedure. While it is true that such penalties and punish- ments do not really bring the restitution to consumers, they have their own place and importance as a deterrent. As far as restitution is concerned, a separate provision for compensating consumers who will be victims of UTP/ RTP is being provided. On the other hand, the Fiji Commerce Commission has opposed such on-spot penalties in cases of UTPs and RTPs on the ground that RTPs and UTPs are not simple issues of facts but require substantial analysis and hence it would not be desirable to levy on-spot penalties. The Commission has also given the opinion that in such cases, power to impose fines and prosecution in line with the power of the Australian Competition and Consumer Commission (ACCC) would be more appropriate. There is substantial merit in this comment of the Commerce Commission. The Commission has also observed that with the commencement of the Commerce Commission Decree 2010, the three pillars are covered, i.e. legislators for making laws, CCF for education and awareness and FCC for redressal. With respect, this observation is disagreed with as far as the role of FCC is concerned. A careful reading of the Commerce Commission Decree 2010 would show that the role of the FCC is mainly as a regulator and not as an redressal agency of redress. Had it been the intention of the lawmakers to assign the role of redressal agency to the FCC, then it would have been amply empowered to discharge those functions. In fact, as per Sections 137 and 145, the powers of granting compensation and granting injunctions are vested in the Courts and not in the FCC. Considering this legal position, the view is that the proposed Consumer Tribunals under the proposed Consumer Protection Decree may be vested with the powers to deal with UTPs. In such circumstances, consumers affected by such UTPs will have option to approach either the FCC or the proposed Consumer Tribunal. However, any trader or business entity affected by such UTPs will have to approach only the FCC for relief, since they cannot approach the Consumer Tribunal which is meant for consumers only. The learned Magistrate also made a number of other suggestions as follows: a) Protection must be extended to e-commerce (internet). This should be in separate legislation which can be governed by the institution governing the Consumer Credit Act b) Hidden clauses such as ‘conditions apply’ should be cancelled or minimized c) Consumers should be entitled to full disclosure at the time of buying or at the time of entering into a contract. The above suggestions (b) and (c) are worth considering during the drafting stage.

5.2.3 Unfair Contract Terms Although the Commerce Commission Decree 2010 covers RTPs and UTPs, it does not cover Unfair Contract Terms (UCT) which is also a vast area where a common consumer is subjected to harassment and disadvantage. Oftentimes a consumer finds himself/herself helpless with such Unfair Contract Terms in a contract which he/she is forced to sign much against his/her wish. Unfair contract terms reduce competition by making contracts difficult to understand, and by limiting a customer’s choices and ability to seek out alternative options. They are used by some businesses to transfer all of the risk in a transaction away from themselves and onto the customer. There is no justification for their use in an effective and efficient market. With markets becoming more complex, there is a growing tendency to impose unfair, unconscionable, arbitrary and inequitable terms and conditions in agreements and contracts by the dominant party to the contract. In In- dia, under the Indian Contract Act, such unfair and unconscionable terms of the contract are not enforceable in law. Internationally, many countries such as the UK and the EU have provided specific protection to consumers who are often left with no option but to sign such unfair and unconscionable contract terms much against their wishes. Unfair contract terms regulation has existed in the United Kingdom since 1977 and was adopted by the European Union in 1993. The practice of inserting such unfair and one-sided terms is so rampant that recently Australia (July 2010) introduced Unfair Contract Terms legislation to prevent such mischief. It will therefore be

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advisable to include Unfair Contract Terms in the proposed Consumer Protection Legislation. A UCT is one which is significantly weighed against the consumer or puts him/her in a disadvantaged situation. It may cause a significant imbalance in the party’s rights and obligations arising under the contract. The UCT will apply only to standard forms of contract which are not individually negotiable. It will apply to contracts for the supply of goods and services to an individual whose acquisition is wholly or predominantly for the personal, domestic or household use. UCTs violate principles of good faith. These can be terms which give the suppliers of goods and service the right to change terms of contract unilaterally or terms that limit the liability of the suppliers arising out of and acts of commission or omission by the suppliers. For example: (1) a courier company limiting its liability to a paltry sum of say $5 in case of loss of document or (2) a meager liability in case of personal injury or death or (3) terms that put unfair burden on the consumer such as no compensation in case of delayed delivery of goods by the transporters or (4) inserting important terms in fine print or small print which is not easily readable It is apparent that the FCC is not given a power to restrain any person from adopting any RTP or UTP or to discontinue such RTP or UTP. This is a very serious omission which makes the FCC powerless and a consumer helpless. As such the FCC is left with no option but to approach the civil court to restrain such persons from continuing with the RTPs and UTPs. During this period, a considerable time is bound to pass and the losses suffered by the consumers during such period could be huge and even unascertainable if they have to be compensated in future. Since the Commerce Commission Decree 2010 came into effect recently, at the first possible review of the Decree, the suggestion to empower the Commission to injunct/restrain such continuance of the RTPs and UTPs and to further empower the Commission to impose fines to prevent recurrence of the same, should be seriously considered. The Decree also does not provide a simple, speedy and efficacious remedy for claiming compensation if the consumer suffers losses due to adoption of any RTP or UTP. Sec. 146 of the Decree does provide for damages. However, the process for claiming such compensation or damages goes through civil court which is quite complicated, costly and may take years before the consumer gets his/her compensation. The Decree provides for compensation to consumers under Part 8 of the Decree which deals with Conditions & Warranties in Consumer Transactions. However, here too, the Decree requires the consumer to approach the court of competent jurisdiction. Such complicated, time–consuming and expensive civil process for compensation is bound to deter and discourage consumers from claiming rightful compensation, while on the other hand encourages offenders to resort to such RTPs, UTPs and breaches of Conditions & Warranties time and again in the absence of effective, speedy and inexpensive legal mechanism.

5.2.4 Recommendations • Make Definitions of RTPs and UTPs in Part 6 and 7 ‘inclusive’ in nature, by prefacing the definitions by saying “RTP/UTP means a trade practice which, for the purpose of promoting the sale, supply of goods or for provision of service, adopts any restrictive / unfair method or unfair or deceptive practice, including but not restricted to any of the following………” • Amend Section 53 (1) to read as follows: “No person carrying on the business of the sale of goods and having goods available and no person engaged in supplying or carrying on any service shall, except with reasonable cause, the onus of proving which shall be upon him, sell goods or supply any services to any person tendering immediate payment, at a price higher than the maximum price fixed.” • Consider empowering the FCC to grant temporary and permanent injunctions to restrain any person from continuing with any RTP or UTP during first review of the Commerce Commission Decree as and when it is undertaken. Considering the seriousness and impact of RTPs and UTPs it is highly recommended to empower the Commission with powers to grant temporary and permanent injunction to restrain any persons from adopting or continuing with RTPs or UTPs in the interest of consumers.

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• The FCC has opined that in cases of RTPs and UTPs, power to impose fines similar to the powers given to the Australian Competition and Consumer Commission (ACCC) would be more appropriate. The Consultant finds substantial merit in this comment of the Commission. Specific fines that can be imposed by can be finalized in consultation with the Commerce Commission. • For claiming compensation for losses suffered by the consumers, a ‘court of competent jurisdiction’ will be the Consumer Tribunal and a suitable amendment to this effect may be made in the Com- merce Commission Decree 2010, after enactment of the proposed Consumer Protection Decree/ Act.

5.3 Fair Rents Act (Cap 269); Distress for Rents Act (Cap 36) & Real Estate Agents Act 2006 Housing is one of the basic needs of consumers. But not all can afford to have a minimum decent accommodation of their own. Population growth coupled with an ever-increasing trend of urbanization puts pressure on availability of housing in urban areas. People are therefore forced to look for rented accommodation. Due to an adverse demand-supply ratio i.e. increasing demand and limited supply of housing stocks, consumers looking for decent housing are always on the receiving end and suppliers are often in a position to exploit the situation for their benefits. Fiji has the Distress for Rents Act [Cap 36] and Fair Rents Act [Cap 269]. The Distress for Rents Act aims to protect the landlords against the default of the tenants in payment of their rents. On the other hand the Fair Rents Act aims to protect the tenants against malpractices and exploitation at the hands of landlords. The Real Estate Agents Act 2006 aims to regulate Real Estate Agents’ activities including their registration.

5.3.1 The Fair Rents Act The Fair Rents Act enacted way back in 1966 remains un-amended since 1975. The Act provides for the determination of fair rent of tenanted dwelling houses and other premises. It also provides for possession of such dwelling houses from landlords. The Act provides for machinery for the determination of fair rent. The lesser or lessee (i.e. the landlord or the tenant) can approach the Fair Rent Officer ( FRO) under Secion 4 of the Act for determination of fair rent of the dwelling house. The FRO requests the Valuer of the area to make a valuation and determine the fair rent of the dwelling house. The Valuer makes the valuation and determines the fair rent based on the criteria given in Section 5 of the Act. The FRO communicates the determined rent to both the lessor and lessee. Such determination shall over ride and substitute the rent payable under the written or unwritten lease agreement. Such determination remains in force for one year but may be varied in accordance with this Act. Either party which is dissatisfied with the Valuer’s determination can within one month approach the Divisional Fair Rents Appeal Tribunal. This Tribunal consists of the Commissioner of the Division, who is the Chairman of the Tribunal and two persons appointed by the Minister who are not public officers and who are normally resident in the Division. The Tribunal, after due enquiry, determines the fair rent of such dwelling house and communicates the decision to the FRO, who in turn informs both parties of the decision. Such decision of the Tribunal is final and binding on both lessor and lessee. The Act also recognizes certain rights of the lessee and puts certain obligations on the lessor (the landlord).

5.3.2 Distress for Rents Act Distress for Rents Act is aimed at protecting landlords against failure of the tenants to make payment of their rents in time. The Act provides for the machinery to recover the outstanding rents of the lessee (tenant) by levying distress against the defaulting lessee. The process of levying distress is implemented through bailiffs who are required to apply for a certificate (general or special). Such certificate is granted by a Magistrate of the Court. No distress can be levied by any bailiff without a certificate (general or special) issued by a Magistrate.

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Although the Distress for Rents Act provides for levying distress and recovering rent from the defaulting lessee, the Act does not specify anywhere as to when the distress can be invoked. The Act does not specify the duration of the outstanding rent which will entitle the landlord to invoke the distress. On the whole, the Distress for Rents Act provides a simple and inexpensive remedy to the landlords against the defaulting tenants for recovery of outstanding rents. As such, both the laws i.e. Fair Rents Act and Distress for Rents Act appear to be simple and easy for implementation, at least on paper. However, this review revealed that both these legislations have failed to meet the needs and expectations of tenants and landlords for a variety of reasons. A report prepared by the Consumer Council of Fiji reveals on the ground realities in regard to implementation and effectiveness of these two Acts in Fiji. There appears to be overlaps and duplication of authority in determining the rent. Under the Fair Rents Act, the FRO with the help of the valuer is empowered to determine the fair rent and the Fair Rents Appeal Tribunal is the final authority in this respect. On the other hand, the Commerce Commission Decree 2010 also empowers the FCC to prohibit increases in rents in certain circumstances. The moot question that arises is when the order of Commission is operative prohibiting any increase in rent, can the FRO or the Appeal Tribunal consider any applications for fair rent? This appears to be an anomalous situation, which needs to be corrected. The report prepared by the Consumer Council of Fiji also highlights that both these Acts are unclear on which regulatory authorities are responsible for their enforcement. The report notes that in some cases the prescribed authorities do not even exist. It is significant to note that amongst the complaints received by the Council, the number of complaints by residential tenants is significantly high. From 2006 to 2010, the highest number of complaints lodged with the Council has been complaints against landlords. This is an indicator that both these Acts and the systems of redress have failed to be effective. Some of the inadequacies observed under these two Acts are as follows: • The Contract of Lease can be made orally or in writing. In order to avoid exploitation and further problems, such contract must necessarily be in writing. • The lessor or lessee cannot directly approach the Divisional Fair Rent Appeal Tribunal and present their case. Though the legislation establishes the Divisional Rent Appeal Tribunal, there is no such tribunal or physical office discharging the tribunal’s work established in Fiji since the implementation of the Act. • The other offences mentioned in this Act are tried or decided by some other court. • The lessee can be compelled to vacate the premises for non-payment of rent. But the period of ac- cumulation of rent is not mentioned. • Instead of specifying the amount of fine, it should be expressed as a percentage of the rent. • In case of the Distress for Rent Act, specific redressal machinery is not mentioned. • Certain offences and the penalties are also mentioned but the Act is silent about the recovery mechanism.

5.3.3 The Real Estate Agents Act 2006 The Act creates Real Estate Agents Licensing Board (Section 4). The Board comprises of a Chairperson and four other persons to be appointed by the Minister. Out of four members, two are supposed to be Licensed Real Estate Agents and of whom one is appointed as a Deputy Chairperson by the Minister. The term of office for each member is three years and can be renewed from time to time. As per the Act, no person can carry on business of Real Estate Agents unless the person is a holder of the license. Any person carrying on business as Real Estate Agent without the license is guilty of an offense and besides a fine, all the monies received by way of commission, profit or remuneration for the work performed by him is liable to be forfeited to the State. The Act also provides for eligibility for license. Every application for license has to be

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published in the Gazette on at least on two occasions and at an interval of not more than 14 days. The Board considers the application for license along with objections received, if any, and gives opportunity to the applicant and to the objectors to place before the Board their viewpoints. If the Board is satisfied, it issues the license for the duration of one year and in any case for not more than 5 years. The said license can be renewed for a further period which shall be equivalent to the period of original license. The Act provides for issue of permits by the Board. The permit, unlike the license, is for a specified transaction or series of transactions. The Act also provides for duties of Real Estates Agents which are aimed at protecting gullible consumers. It is important to note that the Act does not provide for any specific machinery in case of any complaints against a registered Real Estates Agent. This appears to be a major inadequacy or a shortcoming of this Act. There should be an effective remedy available to consumers who suffer at the hands of unscrupulous Real Estate Agents. Although all the above three pieces of legislations have some positive provisions, they have all miserably failed in meeting the expectations of landlords and tenants. The real estate is a common factor in all these three legislations and therefore it would be prudent to merge the two legislations (Fair Rents Act and Distress for Rent Act) into one single legislation with necessary changes and modifications to have more effective protection of all affected parties and also economize the operational and infrastructural cost to be incurred.

5.3.4 Stakeholders’ Comments & Response During the project consultant’s visit to Fiji, it was brought to his notice that the Fiji Commerce Commission had submitted a note to the Government on the Fair Rents Act and made certain recommendations. A copy of this note was made available to the consultant. According to the Commerce Commission, “properties valued under $12,000 were covered under the Fair Rents Act, Cap 269. The Act was administered by the Fair Rent Board which has over the years become somewhat dormant or non-existent due to its non-applicability under existing property market valuation.” The Commission further observed that “properties valued above $12,000 were subject to Rent Control under the Counter-inflation Act [Cap 73] and as a result, most rent related disputes were transferred to the Prices & Income Board (PIB). But the redress under the Counter-Inflation Act was confined only to illegal increasing of rent and failure to keep records of receipts and /or tenancy agreements. Increases of rent were dealt by PIB under a standard rent guideline derived initially from the Fair Rents Act. The guideline with its own formula came into use in 1978 but has subsequent amendments made to it. Concerns have surfaced both from landlords and tenants that has now appropriated an overall review of the current rent guideline to make it compatible with existing market realities.” It is pertinent to note that the Commission has also observed that “in the absence of one-stop-shop for rental matters, there is compelling evidence of exploitation happening around our major urban centers and vulnerable consumers often being on the receiving end.” The Commission has further found itself helpless in dealing with majority of such issues since the issues fall outside its jurisdiction. The Commission has recommended to the Government to conduct the review process and prepare draft legislation for Cabinet’s endorsement, and review the existing Fair Rents Act [Cap 269]. The Commission’s observations in general and its recommendation in particular, have come not a day too soon. The recommendations in this report are in a way underscored by the Commerce Commission. There was also discussion with stakeholders about how far it was sensible to decide fair rents and whether such right to decide fair rent will discourage landlords from offering their properties on lease. Although there is some force in this argument, considering the number of complaints emerging from tenants it would be dangerous to leave the tenants entirely to the mercy of the landlords and some state intervention over the fairness of rental is desirable. There is therefore reluctance to recommend a hands–off policy on fair rent. There is another important issue which comes up in the context of rental. With merging of the Counter-inflation Act under the Commerce Commission Decree 2010, the power to control and regulate increases in the rentals is now under the jurisdiction of the Fiji Commerce Commission. Notwithstanding the promulgation of the Com- merce Commission Decree, the rental issue continues to be handled by two different authorities viz. Fair Rents

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Officers (FROs) & the Divisional Fair Rents Appeal Tribunal on one hand and the FCC on the other hand. It is advisable that the power of controlling increases in rental be exercised by the Real Estate Board (REALB) instead of the FCC to achieve the one stop shop concept for the tenants and landlords. Since the FCC has already made representation to Government, this issue of a multiplicity of authorities can be avoided after discussion with all stakeholders. However, while awaiting the elaborate consultations desired by the FCC on this important issue, the recommendation is for new legislation for Landlord and Tenancy without disturbing, for the time being, the FCC’s present powers to control increases in rent. These powers of the Commission should be eventually transferred to the Real Estate Board in due course. The REALB in its comments has opposed the idea of having the Real Estate and Tenancy Decree by repealing the existing three legislations. Instead, the REALB suggested that there should be a Residential Tenancy Act which will evolve standard lease agreements and resolve a lot of landlord-tenancy disputes. The REALB is also of the opinion that the Real Estate Agents Act should not be changed, although it is agreeable to replacing the Fair Rents Act [Cap 269] and Distress for Rent Act [Cap 36] by a Residential Tenancy Act. The REALB suggested that having three Divisional Offices does not seem to be economically sound and hence further suggested that the REALB should handle all enquiries and disputes. Concerning REALB’s suggestions to have a Residential Tenancy Act instead of the proposed Real Estate and Ten- ancy Decree, the Consumer Council has grave disquiet over commercial tenants facing problems and suggests it is advisable to cover not only Residential Tenancy but also Commercial Tenancy within the proposed Landlord and Tenancy Decree. Having considered various reports and the responses from the stakeholders, the opinion is that repealing the existing two legislations viz. Fair Rents Act [Cap 269] and Distress for Rents Act [Cap 36] is highly desirable. Whilst the Fair Rents Act deals with determination of Fair Rent for the lessors and lessees, the Distress for Rents Act provides relief to the lessors (landlords) to ensure speedier recovery of outstanding rents. These are two sides of the same coin and hence a merger of these two Acts is vitally necessary. The Real Estate Agents Act also deals with the agents dealing in Real Estate and attempts to regulate their activities/conduct. It is therefore strongly recommended to repeal the existing two legislations and promulgate a Landlord and Tenancy Decree. This should ensure operational economy, administrative efficiency and a one stop shop for all concerned. It is hoped that such single piece of legislation will also ensure speedy and efficient collection of bond money. The FCC has observed that rent real estate issues involve various dimensions of property law and is therefore of the opinion that it is better to deal with such issues separately. It also suggested letting REALB be the body to look into all such issues. The proposed Landlord and Tenancy Decree are not going to cover all property related issues. It will deal only with residential and commercial tenancy issues involving the landlords and tenants. It is, no doubt, true that real estate issues involve various dimensions of property law including sale/transfer of real estate property. However, such activities are not intended to be covered under the proposed legislation since these aspects of real estate are covered by the Land Transfer Act, Transfer of Property Act, and NLTB Act etc. Further, the REALB is going to be the body to look into all issues covered by the proposed Landlord and Tenancy Decree, as suggested by the Commerce Commission. The Ministry of Industry and Trade has suggested to repeal three existing legislations and the new legislation should have the following objectives: a) To regulate transactions in real estate by providing effective machinery for protecting the interests of persons acquiring premises on lease as well as those persons letting their premises on lease. b) To provide for effective machinery for determination of fair rent on dwelling houses and other premises. c) To provide for simple and effective machinery to redress various problems faced by the Lessors and Lessees. d) To provide for registration and suspension/cancellation of Real Estate Agents licenses and their obligations towards their customers. e) To simplify and rationalise the procedures for obtaining licenses for Real Estate Agents.

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The Ministry of Industry and Trade is also suggesting the scope of the proposed legislation, which should be as follows: a) The proposed Decree will replace the existing Fair Rents Act [Cap 269], Distress for Rents Act [Cap 36] and Real Estate Agents Act 2006. b) Considering that both lessors and lessees have complaints/ grievances against each other, the proposed Decree will recognize the rights and obligations of Lessors as well as Lessees. c) The Decree will make execution and registration of lease agreements between Lessor and Lessee for any residential and commercial premises mandatory. A nominal registration fee would also be payable. d) The Decree will also provide for a model lease agreement covering certain mandatory provisions therein, which must be present in any lease agreement. (The model agreement developed by CCF can serve as a template.) This will avoid unfair and one-sided contracts. e) The Decree will create a Real Estate Board at Suva with Divisional Offices in Western and Northern divisions. f) The Decree will provide for determination of fair rent by the Real Estate Board. g) The REALB to become the agency responsible for enforcing Real Estate and Tenancy Decree.

5.3.5 Recommendations a) The two Acts dealing with landlord and tenancy have failed to meet the expectations of landlords and tenants alike. Hence it is recommended to repeal the two Acts. b) A new Decree may be promulgated which will cover all the issues covered by these two Acts and which may be called Landlord & Tenancy Decree. c) The proposed Decree will create a Landlord & Tenancy Board at Suva with Divisional offices in Suva, Western & Northern Divisions. d) The REALB will be responsible for enforcing the Landlord and Tenancy Decree. e) The proposed scheme for the Landlord & Tenancy Decree is given in later part of this Report.

5.4 Sale of Goods Act Cap. 230 Objective: To re-enact and amend the law relating to the sale of goods and services, lay by sales, unsolicited goods, and misrepresentation. Although the Act is known as Sale of Goods Act, it also covers services. The Act is meant to protect the interest of consumers but interestingly the term “consumer’” is not defined in the Act. The law relates to sale of goods and services for trading as well as consuming purposes. The sections relating to implied conditions and warranties give protection to the buyer/consumer. The provisions on lay by sale, sale of unsolicited goods and misrepresentation relate mostly to the consumer’s transactions. Under lay by sale, in case of liquidation or insolvency of the seller, the buyer’s right to get delivery of goods, or the money, or the refund of installments is secured vis-à-vis the other creditors, which is a welcome provision. With the recent promulgation of the Commerce Commission Decree 2010, there appears to be a duplication of provisions of Conditions & Warranties, Lay by sales, misrepresentation etc. Though the Sale of Goods Act elaborately describes the provisions relating to conditions and warranties, the rights and duties of the buyer and the seller and also various types of sale (auction sale, lay by sale etc.), there is

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no separate machinery to get relief in case of breach of contract. The only remedy available is action for damages in a court of law. So even though the Act protects the rights of consumer to get the quality goods and services, it does not provide sufficient or effective redressal machinery even in case of lay by sale which is stated to be used mostly by common consumers. The remedy in case of breach of contract lies with the civil courts. Although there appears to be an over-lap between Sale of Goods Act and Commerce Commission Decree 2010, surprisingly neither law provide for any effective and efficacious remedy for redress of consumer grievances. It also does not provide for any effective mechanism for claiming compensation in the event of breach of warranties, conditions or obligations by the suppliers.

5.4.1 Inadequacies in the Act • Although the Act mentions number of services, public utility services like electricity, water, transport, communications, etc. are not mentioned. • The word ‘condition’ is not defined in the Act though the effect of breach of condition is mentioned in Section 13 (2) i.e. right to reject goods and treat the contract as repudiated. • The Act states many rights of consumer/buyers but there is no simple and effective forum to assert these rights. • Similarly, the consumer/buyer has a right to claim damages for non-delivery or wrongful delivery of goods, also specific performance of the contract, but no simple and easily accessible mechanism is provided under the Act. • The Act states the definition of ‘consumer sale’ but the definition of ‘consumer’ is not expressly provided for.

5.4.2 Stakeholders’ Comments & Response a) The Ministry of Industry and Trade agrees with a name change, that instead of Sale of Goods Act it should be re-named Sale of Goods and Services Act. b) The Solicitor General’s office had agreed with most of the recommendations in this report but suggested that the reference to the Tribunal should be a reference to the Court. However the very purpose of proposing new Consumer Protection Legislation is to provide a simple, speedy and inexpensive remedy to the affected consumers in an informal way and to do away with complicated traditional Court procedures which are often full of technicalities which ordinary people are unable to understand. Similarly, the proposed Consumer Tribunals are going to avoid the presence of professional lawyers, so if the reference is made to the Court instead of the Tribunal, it will defeat the purpose of providing simple, speedy and inexpensive remedies to consumers in an informal and non-intimidating atmosphere. c) The Ministry of Industry and Trade has suggested that the Fiji Commerce Commission, being the body looking at RTPs and UTPs, is the appropriate body to take over the Sale of Goods Act under the UTP umbrella. This report recommends merging the Sale of Goods Act with the Commerce Commission Decree under the UTP umbrella.

5.4.3 Recommendations a) There is a need to define the term “consumer” in the Act. The definition to be provided under proposed Consumer Protection Decree can be borrowed with necessary changes. b) The Act may be amended consequent to the promulgation of the Consumer Protection Decree to provide that in case of breach of any provisions of the Sale of Goods Act, the consumer may approach the Consumer Tribunal to redress his/her grievances.

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c) The Act needs to be re-named the “Sale of Goods & Services Act” in order to highlight the services component more prominently. Alternatively, the provisions of this Act can be merged, with necessary changes, into the Commerce Commission Decree.

5.5 Second-Hand Dealers Act Cap. 238 Objective: To control the sale and purchase of second hand goods It appears that there is a large market for second-hand goods in Fiji. In many cases, second-hand goods are brought into the market after repairs, rebuilding or modifications. In recent years there has been a marked increase in imported second-hand goods, in particular motor vehicles and clothes. There is also a growing market in refurbished electronic goods, both local and imported. Although it is true that consumers cannot expect the same quality as that of a new product, nevertheless a limited warranty or assurance for further repairs etc. is desirable to protect the consumers’ interests because, after all, he/she is paying some price for such secondhand product. There obviously cannot be the warranty/guarantee of the manufacturer but the Dealers’ Warranty can be provided. Otherwise it will amount to giving a licence to the second-hand dealers to misrepresent and mis- lead consumers in terms of the quality, price and performance of the products sold in the second-hand market. A way should be found as to how these consumers can be covered in the proposed Consumer Protection Decree.

5.5.1 Inadequacies in the Act a) Term “second-hand” goods is not defined b) Most commonly sold second-hand goods such as furniture, refrigerators and motor vehicles are excluded from the purview of this Act for unknown reasons c) The rights of the consumers of second-hand goods are not mentioned in the Act d) Obligations/duties of the second-hand dealers are not mentioned in the Act, except an obligation to issue a receipt to the purchaser of second-hand goods e) There is no provision in the Act for lodging complaints regarding second-hand goods purchased, let alone redress f) There is no mention of protection in the form of a guarantee/warranty for the goods purchased or price charged g) The Act does not authorize the licensing authority to cancel a license in cases of a breach by the Dealer h) Schedule 1 and 2 of the Act give some out-dated products such as gramophones and radiograms, tape-recorders and typewriters etc i) The Act does not require the pawn agreement to be executed between the parties.

5.5.2 Stakeholders’ Comments & Response a) The Ministry of Industry and Trade has agreed with most of the recommendations made except for the inclusion of second hand vehicles in the Act. The Ministry contended that second hand vehicle dealers are licensed by the Land Transport Authority under specific requirements of the Land Transport Act and its regulations. There is some merit in this contention, but at the same time it does not show any satisfactory explanation for omitting second hand vehicles from the purview of the Second Hand Dealers Act. Since the licensing of second hand vehicle dealers is governed by the Land Transport Act, an exception can be carved out in the Second-hand Dealers Act to that effect. The main recommendation is for including second hand vehicles in the Secondhand Dealers Act, notwithstanding a different licensing authority for secondhand vehicle dealers under LTA. In fact, the Land Transport Act and its regulations may need to be suitably amended, as suggested by the Ministry. 25 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

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b) The Solicitor General’s office is not in agreement with the alternative suggestion to incorporate provisions of the said Act with either the Sale of Goods Act or the Commerce Commission Decree. Instead, the Solicitor General’s office has suggested that there be a “Second Hand Goods Act”, which deals with second hand goods and dealers. This suggestion of the Solicitor General has its merits and is accepted. c) The Ministry of Industry and Trade and the Solicitor General’s office have agreed to rest of the recommendations.

5.5.3 Recommendations It is therefore recommended that: a) The Act should define the term “second hand goods” b) Furniture and Motor vehicles should be included in the Act and be deleted from Schedule I. c) Since second hand vehicle dealers are licensed by the Land Transport Authority under specific requirements of the Land Transport Act and its regulations, an exception to that effect may be made in the Second-hand Dealers Act. d) Rights of the consumers of second hand goods need to be included in the Act. (Right to know the quality, standard, price, durability/life and redress in case of complaints.). Pre- disclosure of information on the second hand goods must be provided to the consumer before he/she decides to buy the product. e) Obligations/duties of second hand dealers must be included in the Act to make them ac- countable for the goods they sell. This can be in the form of warranty, compulsory display of price and other key information which will also ensure that consumers are well informed before purchasing the products. f) The Act should provide for a redress mechanism for lodging complaints regarding second hand goods purchased. g) A limited guarantee/warranty may be considered for second hand goods. h) The Act should be renamed the “Second-hand Goods Act” which will deal with second hand goods as well as second hand dealers. i) The Act should be administered and enforced by the Ministry of Industry & Trade.

5.6 Consumer Credit Act 1999 Contracts for consumer credit are the most complex and potentially risky transactions for consumers, both because of informational disadvantages and the consequences faced by consumers if the transaction fails. Reform in consumer credit law has taken place recently in New Zealand, Australia, Canada, UK, USA and in some Asian countries. Consumer credit reform has been tagged as a priority in light of the global recession where the negative impacts have resulted in many consumers facing high debt or repossession of properties. Prior to the Consumer Credit Act 1999, credit transactions occurred mainly by contractual agreements prepared by credit providers. Consumers had no option but to accept the terms and conditions imposed by the credit providers. There was no legal safeguard for them. The Consumer Credit Act 1999, Consumer Credit Amend- ment Act 1 of 2006 and Regulations 2009 were enacted to remedy this imbalance in power of the two parties. Parts 2, 3, 5 -Division 1; Parts 6, 7, 8, 10, 11 - Division 2 of the Consumer Credit Act 1999 commenced on 1 October 2009 vide Legal Notice 40 of 2009. The Consumer Credit Amendment Act 2006 commenced on 1 October 2009 vide Legal Notice 39 of 2009. Moreover, the commencement dates of the Consumer Credit (Exemption) Regulations 1999 via Legal Notice 83 of 1999 are: Part 3 except s46 (2) – 1 September 1999; s46 (2) – 1 January 2000; Part 8 – 1 March 2000; Parts 2, 5 – Division 1 and Parts 6, 7, 8, 10, 11 – Division 2 – 1 July 2000. The commencement of the Consumer Credit Regulations is 1 October 2009 vide Legal Notice 41 of 2009.

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These legislations set down minimum compliance requirements when credit documents are drafted and executed as well as fully disclose and make the terms and conditions clearly known to the consumer at the time of signing and execution. Despite this legislation, the consumers continue to complain about unfair practices by credit providers. Of particular concern to the Consumer Council for many years has been hire purchase, which has consistently featured in the top ten most recurring complaints registered with the Council annually. Objective: -- The Consumer Credit Act 1999 provides the legal framework for the provision of credit and ensuring that consumers or debtors are protected and allowed to make informed decisions before entering into credit contracts such as mortgages, hire purchase, consumer lease and insurance contracts, to name a few. Definition of ‘Consumer’: The original definition of a consumer is amended by the Consumer Credit Amendment Act 2006 and it now reads as follows: “Consumer means a natural person who acquires goods or services for personal, domestic or household purposes”. Thus, the intention of the law makers is quite clear to confine the scope and benefit of this Act to ‘natural persons’ acquiring goods or services for personal, domestic or household purposes. It thus excludes from the definition artificial persons i.e. trade and industry. Nonetheless, the definition of consumer unwittingly does not include the ‘beneficiary’ or ‘user’ of such goods and services. The definition of ‘credit’ is also amended by the Amendment Act. As per the new amendment, credit means the right granted by one person (the creditor) to another person (the debtor) to defer payment of a debt and includes the right granted by one person to another to incur a debt and defer its payment. This definition can be flawed and misinterpreted to mean that the creditor grants a right to defer a payment of debt without any conditions. This definition therefore needs to be appropriately reworded to indicate that the right to defer payment is on certain conditions. The definition of ‘interest’ has also been amended by the said Act and it now appears to be more logical and appropriate. The definition of ‘service’” has remained unaltered and also calls for amendment. Although this definition appears to be inclusive in nature it does not appear to be adequate. The definition excludes services under the provision of credit or right to credit or services provided under a consumer lease. This exclusion appears to be contrary to the very objective of this Act, which aims to regulate the consumer leases. As per section 7 (1), this Act does not apply to the provision of credit limited by contract to a total period not exceeding 62 days. In a way it excludes from its purview typical and traditional money lending activities for which a separate Money Lenders Act is in operation. Since such short term money lending activity also amounts to consumer credit, it will be more advisable to merge the Money Lenders Act into a Consumer Credit Act with appropriate amendments. Section 14 of the Act makes it mandatory on the credit provider to make certain pre-contractual disclosures before entering into a credit contract. This is a welcome provision in order to protect the Consumer Interest. Section 72 empowers the ‘Court’ to annul or reduce the change in annual percentage rate or fees or charge if such change of fee or charge is found to be unconscionable on receiving complaint from the debtor or guarantor, which is a welcome provision and this provision can be enforced through the proposed Consumer Tribunal instead of the ‘Court’. The Act also provides civil penalties for default by credit providers and particularly for breach of key requirements of the contract. The Act also provides for compensation in favour of debtor or guarantor on account of loss arising from contravention of key requirements. (Section 107). The Director of Fair Trading and Consumer Affairs is given a locus to represent the consumer interest and interest of the debtor. However, there is no Director of Fair Trading and Consumer Affairs as the Department of Fair Trading and Consumer Affairs has since been merged with the Fiji Commerce Commission. The Consumer Credit Act is now administered by the Ministry of Industry and Trade. The Act states that trade measurement/standards officers/inspectors should be inspectors for the Consumer Credit Act. This arrangement should be reviewed because trade measurement and standard inspectors are technical staff who are not experts in the complex financial sector. This could be a reason for the Act’s ineffectiveness and poor enforcement. All over the world, the activities of consumer credit providers have caused serious problems to the debtors/consumers. That is why several countries including developed countries have started strengthening their consumer credit legislation. 27 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

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There is undoubtedly, a need to strengthen further the Consumer Credit Act in Fiji in spite of its amendment in 2006 which was commenced in 2009 as mentioned above. Although the Act of 1999, duly amended by the 2006 Act, aims to provide adequate protection to the debtors/consumers from credit providers, the remedy for seeking protection and compensation passes through civil court, which is cumbersome, time consuming and expensive. It would therefore be more appropriate to provide remedies for affected debtors/consumers by providing relief through a simple, inexpensive and speedy system of redress to be provided under the proposed Consumer Protection Decree.

5.6.1 Stakeholders’ Comments & Response a) Definition of ‘Consumer’: There is a considerable force in the contention of the Solicitor Gen- eral’s office that the Consumer is the person whose name is inserted in the (credit) transactions and not that of the user or beneficiary, and hence the definition of the Consumer in the Act can remain as it is. b) Definition of ‘Credit’:- In view of Solicitor General’s observation the definition of credit may remain as it is. c) Definition of ‘Service’:-- It is difficult to agree with the observation of the Solicitor General’s office that there are no services on credit. Mortgages, credit cards, hire purchase etc are the transactions where services are provided on credit. Hence it is desirable that a definition of service includes provision of credit or right to credit or services provided under a consumer lease. d) Unfair Contract Terms: - In consumer credit transactions, the creditor is often a dominant party and the terms and conditions of the credit contract are often one-sided, unfair and also at times unconscionable. In fact Section 72 of the Consumer Credit Act empowers the Court to annul or reduce the change in annual percentage rate or fees or charge if such change in rates or fees or charge is found to be unconscionable. Although the Solicitor General’s office has observed that the Unfair Contractual Terms are distinct from the purposes of the Consumer Credit Act, the Act must contain a provision on ‘Unfair Contractual Terms’. The Fiji Commerce Commission feels that it is better to have a provision to prohibit Unfair Contractual Terms in the Consumer Credit Act. The Consumer Council believes that Unfair Contractual Terms are practiced by service providers, credit providers, and traders and hence this has an impact on consumers whether they are buying mortgages, insurance policies, durable consumer products from traders, or renting residential dwellings etc. The CCF therefore feels that Unfair Contractual Terms could form a part of the proposed Consumer Protection Decree. The Ministry of Industry and Trade has suggested that the Unfair Contractual Terms provision needs to be with Commerce Commission Decree as contractual terms should not be bound with the credit contracts only. Although there is some merit in this observation by the Ministry, to include a provision simultaneously in the Consumer Credit Act and also in the proposed Consumer Protection Decree, besides providing the same in the Commerce Commission Decree is not going to cause any harm and in fact will ensure that such Unfair Contractual Terms in any transactions do not escape the legal remedy. e) To include credit not exceeding 62 days: - Although the Ministry of Industry and Trade agrees with this suggestion, the Solicitor General’s office disagrees on the ground that the Act specifically applies to credit after 62 days and that there is no proper analysis on this. However, firstly, there is no explanation in the Act as to why it applies to credit after 62 days. Secondly, there is ample of evidence by way of various reports how consumers or debtors are exploited in credit transactions of less than 62 days. It is therefore vitally necessary to amend the Act to include credit limited by contract to a total period of not exceeding 62 days. f) Merger of the Money Lenders Act into the Consumer Credit Act: - Whilst the Ministry of Industry and Trade has agreed to this suggestion, the Solicitor General’s office differs. It is difficult to agree with the observations of the Solicitor General’s office that Money Lending and Consumer Credits have two different purposes. Both these transactions deal mainly with credit being made available to consumers on certain terms and conditions. It is only logical and rational to include a

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separate chapter on Money Lending in the Consumer Credit Act. Recent reform to Australia’s Na- tional Consumer Credit Protection Act 2009 (National Credit Act) has brought money lending within the National Credit Act (Australia). All short term credit (defined as credit provided for a period of less than 62 days) in Australia is now under the country’s National Credit Act. g) Remedy under the Act to be before the Consumer Tribunals: - The Ministry of Industry and Trade has agreed to this suggestion. The Solicitor General’s office has also agreed with the pro- viso that it should be referred to the ‘Consumer Court’ and not Tribunal. This suggestion of referring to the Consumer Tribunal as a Consumer Court has already been dealt with. h) Responsibility of enforcing /implementing the Act: - The Ministry of Industry and Trade is of the opinion that nonfinancial provisions of the Consumer Credit Act i.e. hire purchase should be transferred to the Commerce Commission and the financial provision of the Act should go to the Reserve Bank of Fiji (RBF). The Solicitor General’s office is of the view that this may be shifted to the Commerce Commission eventually as this was previously the role and function of the Director of Fair Trading. The Solicitor General’s office also feels that the Commerce Commission now has the resources to handle this legislation. The Consumer Council of Fiji is of the opinion that there is a need to have a separate, independent Financial Commission to monitor the banks and consumer credit. The CCF also agrees with the Solicitor General’s suggestion that the RBF should not regulate consumer credit and consumer credit be regulated by an independent Financial Commission, and that complaints against financial institutions and agencies should be looked after by the Financial Com- mission. i) To regulate and control Financial Institutions: The Consumer Council is of the view that there should be a separate and independent Financial Commission to regulate financial institutions. The need for a Financial Commission arises for the following reasons: • The Reserve Bank of Fiji currently has a Complaints Management Unit which receives complaints; however, the forum does not provide any redress to the consumers. The RBF does not have any specific powers to impose penalties/conditions against the financial institutions licensed by RBF. Whist RBF does investigate complaints it is from the perspective of assessing whether a regulatory breach has occurred rather than for redress. In many cases the complaints lodged by consumers against financial institutions remain unresolved • By establishing an independent Financial Commission, all the financial institutions (non-banks) such as Dominion Finance Co. Ltd, Finance Pacific Corporation Ltd etc, and Carpenters Finance, which are not currently licensed by the RBF, will come under the Commission’s umbrella and will be regulated by the same. Through monitoring by the Commission, currently unlicensed financial institutions will be under strict scrutiny and this will avoid consumers being unfairly treated • An Independent Financial Commission will register and deregister financial companies, financial advi- sors and intermediaries such as insurance agents • It will oversee the operation of the Data Bureau • Will enforce Consumer Credit Act. In Australia, the National Credit Act is administered by Australian Securities and Investments Commission (ASIC). j) Sec 84 (2) (a) and (b) under ‘Acceleration Clauses’: The CCF is of the opinion that Section 84 (2) (a) and (b) create an imbalance in power where a mortgage lender has legal right to ‘acceler- ate’ the date (bring forward) on which the entire loan becomes due and payable, and if the debt is not repaid in full, the lender may initiate steps to foreclose the mortgage. Increase and decrease of annual interest rate is an inherent feature of a home loan. It is expected that a borrower’s ability to meet repayment obligation is likely to change from time to time. The law should recognise this and ensure relief during hardship is provided in good faith. The CCF recommends mortgage lenders to seek court or tribunal orders to initiate foreclosure. In the Court/Tribunal the lender has to convince with facts and evidence that all opportunities were given to the mortgagor and foreclosure is the last resort.

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k) Printing mistake in Section 167 (1) (b): The CCF has also brought to the notice a mistake in S167 (1) (b) where it should be read Part 2 Division 4 instead of Part 1 Division 4. A suitable correc- tion of what appears to be a printing mistake in the statute is recommended. 5.6.2 Insurance Although a consumer pays for credit insurance, the credit provider receives commission on insurance paid. The insurance protects the interest of the credit provider at the consumer’s expense and the credit provider earns commission revenue from insurance paid by the consumers. This practice is unfair to consumers. If any commission is received, it must be passed on to the consumers either as cash payments or as credits to their accounts to reduce their debt. Further, if insurance is intended to protect the interests of the credit provider then it should be paid by the credit provider and not the consumer. Credit insurance can appear to protect the interests of the consumer but can be very deceptive. If the goods covered by insurance are damaged or destroyed by incidents such as fire or flood, the credit provider claims the un- paid balance from the insurance company. The consumer who pays the insurance gets nothing other than being relieved from paying the balance of the debt. Laws relating to credit insurance must be reviewed and amended to get a better balance between the interest of credit providers and consumers. If there is credit-related insurance, the credit contract must clearly state who pays the insurance premiums and whose interests the insurance cover will protect. If the credit insurance protects the interest of credit providers, the cost of credit insurance must be borne by the credit providers for fairness. If, for some reason, the cost of insurance is to be borne by a consumer, then the credit provider must be required to provide a copy of the insurance policy to the consumer.

5.6.3 Section 106 If a credit provider breaches a requirement under this Act, other than one for which a civil penalty is provided by Division 1 or by any other provision of this Act, a court may order the credit provider to make restitution or pay compensation to any person affected by the contravention and, in that event, may make any consequential order it considers appropriate in the circumstances. All these can constitute a very effective method of protecting the interest of average consumers and public interest generally. However, all these cannot prevent any proceedings for the enforcement of the obligations of the consumer or guarantor from being taken or any rights over property that is the subject of a mortgage from being exercised. Moreover, the whole process will require a legal battle and whether a consumer who is already in financial strife can find money to pay for legal costs is hard to imagine. One way to assist consumers to exercise their legal rights in the event of disputes is through legal aid provided to the debtor from a fund established for this purpose as mentioned in Section 106. This section provides that an amount of civil penalty ordered by a court to be paid under Section 105 must be paid by the credit provider into a fund established and operated under the regulations for the purposes of this section

5.6.4 Credit Documents – Credit Fees and Charges While all these have the appearance of providing a fair disclosure of fees and charges to consumers, in practice a credit provider can legally refuse to disclose these on the grounds that they are not ascertainable at the time of making the contract. The credit provider can impose unreasonable fees and charges justified on various grounds. In the event of a default in repayments, for example, some credit providers allegedly not only charge $2 per reminder phone call, but they also call them as frequently as possible. It is therefore important that the credit provider must provide all credit fees and charges associated with the product they provide. This is an important factor in understanding the cost of borrowing.

5.6.5 Schedule 1 – Fees and Charges To protect consumers from possible unconscionable practices, the law needs to be amended to specify in the contents of contract documents shown in Schedule 1 the types of fees and charges and maximum amounts that can be imposed by the credit providers.

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5.6.6 Statements of account The frequency with which statements of account are to be provided to the debtor and multiple borrowers needs to be considered, except in the case of a credit contract for which the annual percentage rate is fixed for the whole term of the contract and under which there is no provision for varying the rate. The exemption from providing periodic statements of account is apparently based on the assumption that where the interest rate does not change, the statements of account will not contain new information that the consumer needs to know. Statements of account, however, typically contain not only interest charges, but also include fees and charges including new fees and charges as well as unusual charges such as penalty for dishonoured cheques and charges for phone calls and letters written to defaulting borrowers. To keep the consumers informed about activities on their accounts, periodic (e.g. monthly) statements of accounts must therefore be mandatory.

5.6.7 Warranties/Extended Warranties Selling extended warranties is a lucrative business for retailers. CCF research has found these warranties are heavily promoted, frequently with confusing or misleading information about the protection they offer. In many cases consumers are sold cover they already have under Sales of Goods Act. The extended warranty plague isn’t unique to Fiji. The UK regulated these warranties in 2005 and Australia has recently followed suit. From 2012, Australian retailers who sell extended warranties will be required to give clear information about consumers’ legal rights to replacement, repair or refund if a product fails and to clearly explain what additional benefit the extended warranty provides. Selling of extended warranties is one example where employees of credit providers are known to attempt to convince consumers to pay additional $100 or so for a 2 to 3 year extended warranty just because they get 10% - 15% of this amount as commission in addition to their normal pay. Extended warranties have their own terms and conditions which are not properly disclosed to the consumers. The law (Schedule 1) must require retailers to disclose to consumers full details of which parts are covered and which parts are not covered under extended warranties.

5.6.8 Responsible Lending It is important to include responsible lending in the Consumer Credit Act. All business engaged in credit business except authorised deposit-taking institutions and registered finance corporations must be registered. In the hire purchase sector the rate of repossession is extremely high, which indicates improper assessment of a persons’ capacity to repay the amount borrowed. The provision on responsible lending will assist consumers to more confidently borrow money while limiting the risk of being saddled with unmanageable debts. All forms of consumer credit should be captured and it will become an offence to supply credit irresponsibly. There will be two elements for assessing whether credit is being extended responsibly. These are: assessing the unsuitability of a credit product for an individual and assessing a persons’ capacity to repay the proposed credit debt.

5.6.9 Multiple Borrowers The Consumer Credit Act currently does not provide for rights and obligations of the credit provider and consumers in the case of multiple borrowers. It is very common in Fiji to have multiple borrowers in a credit transaction such as three or four members of a family. When one or more members leave home e.g. migrate to other countries, the remaining members are left with the entire debt burden and often cannot repay. This causes a lot of hardship to the remaining members. To address the problem of rights and responsibilities in the case of multiple borrowers, the law needs to make provision for fractional assignment of the debt to individuals and their rights and obligations in the event of any member leaving the syndicate. Regular statements should be provided to multiple borrowers and in a case where, due to one member the property goes on mortgagee sale or repossession, then this must be done through a court order. The legislation must clearly state the rights and responsibilities of the credit provider in the case of multiple borrowers.

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5.0 Consumer Protection Laws under Review

5.6.10 Financial Hardship Most borrowers receive very little information on relief available during financial hardship. Lender should ensure that information about options and assistance in the event of financial hardship is accessible and available to all borrowers.

5.6.11 Recommendations a) Definition of ‘service’ should include services under the provision of credit or right to credit or services provided under a consumer lease. b) A provision on ‘Unfair Contractual Terms’ needs to be included in the Consumer Credit Act. c) The Act may be amended to include credit limited by contract to a total period not exceeding 62 days. In effect such amendment will bring under its purview traditional money lending activities for which separate Moneylenders Act exists. d) Since the Money Lenders Act and the Consumer Credit Act both deal mainly with credit being made available to consumers, the Money Lenders Act may be merged into the Consumer Credit Act by providing a separate chapter to regulate and control private moneylenders’ activities. e) The Consumer Credit Act may be suitably amended to provide that the remedy and relief under this Act can be obtained from the proposed Consumer Tribunals under the proposed Consumer Protection Decree. f) An independent Financial Commission needs to be established which will be responsible for enforcing and implementing this legislation and regulating the financial institution currently not under RBF radar. Currently under the CCA, an application for breach of the act has to be instituted in the normal courts which are expensive and time consuming. g) Laws relating to credit insurance (Regulations Clause 10) must be reviewed and amended. Providing a copy of the credit insurance policy to the consumers must be mandatory. h) One way to assist consumers to exercise their legal rights in the event of disputes is through legal aid provided to the consumer from a fund established for this purpose as mentioned in Section 106. i) It is important to include responsible lending in the Consumer Credit Act. All businesses engaged in credit business except authorised deposit-taking institutions and registered finance corporations must be registered. The provision on responsible lending will assist consumers to more confidently borrow money while limiting the risk of being saddled with unmanageable debts. j) To protect consumers from possible unconscionable practices the law needs to be amended to specify in the contents of contract documents shown in Schedule 1, the types of fees and charges and maximum amounts or the bases for determining maximum amounts that can be imposed by the credit providers. k) To keep the consumers informed about the activities on their accounts, periodic (e.g. monthly) statements of account must be mandatory. l) Default notice sent to borrowers must include clear information on options and assistance available in the event of financial hardship. m) Act to be amended to ensure home owner is present during the opening and awarding of tender called for mortgagee sale. n) The provisions of an acceleration clause in the event of default on mortgage repayments currently does not place any limits on what the credit provider can repossess and sell to re-

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5.0 Consumer Protection Laws under Review

cover his/her debt. In this respect the consumers are completely unprotected. The legislation should also be amended accordingly to require banks to seek court order to repossess homes for mortgagee sale. o) Law on multiple borrowers needs to make provisions for fractional assignment of the debt to individuals and their rights and obligations in the event of any member leaving the group, as well as the rights and responsibilities of the credit provider who provides credit to multiple borrowers. p) The mistake in Sec. 167 (1) (b) be corrected and instead of Part 1 Division 4 it may be corrected as Part 2 Division 4.

5.7 Money Lenders Act Cap. 234 Objective: To make provision for the control of money lending. Consumer Protection: The Act regulates a small portion of the total credit market in Fiji. Detailed rules and regulations governing moneylender’s business have been laid down. So it is expected that the borrower (consumer) should be automatically protected especially as the level of literacy is very high in Fiji. However, a report on household borrowing by the Fiji Institute of Applied Studies (prepared by Dr Ganesh Chand) states that few borrowers are aware of their rights under the Act. Secondly, breaches of law are numerous, particularly regarding interest rates, record keeping and illegal money lending. Surprisingly not a single case of breach of the act was filed by the Registrar General during the past three decades. This speaks of laxity in implementing the Act. In fact the agency(s) responsible for this legislation are not expressly stated/clarified in the Act. Thus no one agency takes responsibility. The Registrar General’s office only registers moneylenders or approves/disapproves applications. According to the study a very large number (82%) of the borrowers did not have any signed document relating to the money borrowed and 73% borrowers were not given any document to sign and take away with them. It is also observed from the report of Dr Ganesh Chand that 28.6 % loans were given where interest charged was as high as 250% to 500 %. This is alarming by any standard. Though registration and license is mandatory to carry on money lending activity, there is evidence of an over- whelming number of unauthorized money lenders. Enforcement (and monitoring) aspects are not clearly provided for in the Act, nor are the necessary penalties. This causes gross failure to monitor and check the evasion of the legal requirements. Unauthorized moneylenders’ clients include civil servants, amongst them doctors, nurses, teachers, policemen, administrative and clerical staff. In spite of a regular income, borrowing is essential to tide over cash flow problems. Urbanization, the spread of commercial banking and the rise of consumer credit institution has contributed to a decline in the money lending business. Currently it is worth $2million per year. In view of the foregoing statistical data, it is advisable to merge the Moneylenders Act into Consumer Credit Act with necessary changes.

5.7.1 Stakeholders’ Comments & Response The Solicitor General’s office has not agreed with the suggestion to merge Money Lending Act with Consumer Credit Act. However, the Ministry of Industry and Trade has agreed. The suggestion for merging this Act with the Consumer Credit Act was prompted by the fact that both the Acts deal basically with Consumer Credit though referred to by the different nomenclatures. The report by Dr Ganesh Chand has also been taken into account and also that not a single case of a breach of the Money Lenders Act was filed by the Registrar during

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5.0 Consumer Protection Laws under Review

past three decades, although the violation of this Act has been rampant. It is therefore also proposed to cover money lending activities as a ‘service’ under Consumer Protection Decree so that the aggrieved borrowers can have access to the Consumer Tribunals for resolution of their disputes.

5.7.2 Recommendations a) A Money Lending Act should be merged with the Consumer Credit Act. b) There should be strict implementation of the provisions for protecting the interests of borrowers. c) The menace of unauthorized moneylenders must be curbed through an appropriate vigi- lance mechanism. d) Money Lending may be included in the proposed Consumer Protection Decree as a ‘service’, so that complaints against registered and unregistered money lenders but also unregistered money lenders can also be handled by the Consumer Tribunal.

5.8 Consumer Council of Fiji Act Cap. 235 Objective: To provide for the establishment of the Consumer Council of Fiji This is a unique piece of legislation which has, by statute, created a specific body with an express intention to promote and protect the interests of consumers of goods and services way back in 1976, when words like ‘consumer interest’ and ‘consumer protection’ were little heard of. Section 6 of the Act enumerates the functions of the Council, which were wide enough. However, by an amendment in 1992, the following important functions under section 6 (2) (d), (e) and (h) of the Act were taken away from the Council: • Research & investigations into matters affecting consumer interest, • Examination & testing of goods & services and publicizing their reports, • Considering complaints from consumers and taking appropriate action. The above functions were transferred to a new agency, the Department of Fair Trading and Consumer Affairs established under the Fair Trading Decree 1992. The department is now merged with the Fiji Commerce Commission. Generally, a consumer watchdog in any country in the world conducts research, tests goods and services and also handles consumer complaints to better protect consumer interests. Interestingly, broad powers conferred on the Council under Section 10 of the Act have not been correspondingly taken away. As such the Council still enjoys the power to hold inquiries, either in public or in camera, to summon any person as a witness and examine him/her under oath. Even advocates and solicitors are allowed to appear before the Council to represent the parties. Further, willful neglect to appear before the Council is an offence. It all shows that the Council still enjoys the quasi-judicial powers vested in it. The Council is also permitted to solicit and accept any money from any person by way of grant, subsidy, dona- tion, gift or otherwise [Sec 6 (2) (l)]. It is also noted that no Regulations have been framed as required under section 17 of the Act.

5.8.1 Stakeholders’ Comments & Response a) Restoration of powers that were withdrawn: The Solicitor General’s office is not agreeable to the suggestion of restoring important functions conferred on the CCF u/s 6(2) (d), (e) and (h) of the Consumer Council of Fiji Act. The Solicitor General’s office is of the view that CCF is not an enforcement agency but awareness and consumer based organization. Whilst there is no denial of this fact, it is equally true that as per Section 10 of the Act the CCF still continues to be a quasi-judicial statutory body which is doing a commend-

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5.0 Consumer Protection Laws under Review

able job of consumer guidance and consumer grievance redressal. No convincing justification for withdrawal of the powers once vested in CCF are found, so they must be so the CCF can be an effective watchdog b) The Quasi-judicial nature of CCF: - The Solicitor General’s office is in agreement with the observation that CCF continues to be a quasi-judicial body. c) CCF to have the function of ADR: - The Solicitor General’s office and the Ministry of Industry and Trade are in agreement with this suggestion. To be an effective mediator, the Council should have the powers to investigate and recieve complaints. d) A legally qualified person and at least one female member to be on the Board of CCF: - This suggestion is also acceptable to the Ministry of Industry and Trade and the Solicitor General’s office. e) Donations/grants from Business: - Although the Solicitor General’s office has observed that CCF be allowed to obtain grants and project assistance to supplement the budget from the Government, there is no comment on the specific suggestion that the CCF be prohibited from soliciting or accepting donations/ grants/gifts under Section 6 (l) from business, trade and commerce. In view of this, the suggestion should be acceptable to all. f) Locus-standi to CCF in Consumer Tribunal: - The Solicitor General’s office is opposed to this proposal and has suggested that CCF may only appear as an “Amicus curie” in the Consumer Tribunal. It is the common experience that in many cases consumers, because of their lack of knowledge, gullibility or diffidence, are unable to represent themselves in person before Consumer Tribunals. Similarly, there are cases where numerous consumers are affected by the single action of a trader or a manufacturer and in such cases it is always advisable that registered consumer organizations file a complaint before a Consumer Tribunal on behalf all such consumers. Keeping in view this situation, the proposal is to confer a locus-standi on CCF to be the complainant.

5.8.2 Recommendations a) Keeping in mind the spirit of the Consumer Council of Fiji Act, it is strongly recommended that functions taken away by an amendment in 1998 under Section 6 (2) (d), (e) and (h) be immediately restored to the Council. b) Considering the quasi-judicial powers vested in the Council under Sec. 10 of the Act and considering that the Council is a statutory body created by the Parliament of Fiji, its decisions and directions in the matters of complaints from the consumers must have a force of law, albeit after the Council hears all parties to the complaint by following principles of natural justice. c) The Council, having regard to its present activities, may be formally assigned function of Al- ternate Dispute Resolution (ADR) mechanism. This should be in line with the Employment Mediation Centre at the Labour Department. d) Considering the quasi-judicial nature of the Council, it is also suggested that the Act be amended to mandatorily provide at least one person on the Board of the Council with legal background and at least one woman member. e) The Government must make sufficient budgetary provisions for allowing the Council to discharge its statutory functions effectively and prohibit the Council from soliciting or accepting donations, grants, gifts etc as provided under section 6 (l), from business, trade and commerce. f) The Council may be given a formal locus standi as a complainant to represent the consumers before the proposed Consumer Tribunals. The Council may also be appointed as ‘amicus curiae’ to assist the Consumer Tribunals wherever necessary. g) Regulations may be framed by the Minister as required under section 17 of the Act.

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6.0 Consumer Empowerment and Redress

In the modern market place, it is absolutely necessary to empower consumers adequately so that he/she is not taken for granted or for a ride by business, industry and trade. With advent of modern technology every day new methods and techniques find their way in the market to hoodwink or fleece consumers. Increasing competition always targets the ‘consumer’. Under the pressure of competition, when producers, traders and service providers are faced with survival in the market, they often try to push their products and services by resorting to various unfair and unethical trade practices which give rise to consumer grievances and eventually the disputes. It is therefore a primary duty of any government to empower consumers against powerful business, trade and industry and provide a very speedy, inexpensive and simple redressal mechanism. Such redress traditionally passes through civil courts, which is often costly, complex and time consuming. Inordinate delays coupled with high costs discourage consumers from taking up their grievances. Unfortunately, the biggest beneficiaries of a complex and costly legal system are always those who flout the laws and cause distress to consumers. Failure to bring the guilty to book only helps in perpetuating malpractices in the market place. It is therefore felt highly desirable world-over to have simple, speedy and inexpensive solutions to consumer disputes.

6.1 Mediation by the Consumer Council of Fiji After reviewing existing consumer protection legislations in Fiji, a comprehensive Consumer Protection Decree is being proposed for redressal of consumer complaints in a simple, speedy and cost-effective manner. However, notwithstanding this proposal, it is also advisable to promote and encourage mediatory efforts between the aggrieved consumers and the other side through the Consumer Council of Fiji. There are some distinct advantages to mediation and mediatory efforts which are now popularly known throughout the world as the Alternate Dispute Resolution (ADR) process. The mediation process is friendlier, informal and is held in a congenial atmosphere. It is also inexpensive and speedy. Since the outcome of mediation could lead to a mutual settlement, it gives finality to the dispute. Besides, it leads to win-win situation and avoids trail of bitterness. However, it is equally true that the mediator must inspire confidence from both sides. Mediation is an art in itself and calls for special skills and even some formal training. It is therefore highly recommended, as stated earlier, that powers to mediate be formally vested in CCF by specifically amending the Consumer Council of Fiji Act. Recourse to mediation process will also reduce the avoidable burden on SCT and the proposed Consumer Tribunals. In this connection, the CCF may be well advised to undertake study of mediatory processes available in Singapore, which is currently used by the Ministry of Labour.

6.2 Small Claims Tribunals Fiji has Small Claims Tribunals (SCTs) which deal with claims up to $5000. The over all performance of these Small Claims Tribunals appear to be reasonably satisfactory, although there is adequate room for further improve- ments in the working of SCTs as observed in earlier part of this report. The SCT does provide inexpensive and speedy redress for consumers. However, it must be remembered that the SCT is being also used by businessmen and traders and money lenders to recover their outstanding dues from consumers. The referees appointed to SCT do not have proper consumer orientation and hence it will not be advisable to refer the aggrieved consumers to the SCT as a first step towards dispute redress. A separate and exclusive consumer outfit in the form of the Consumer Tribunal will have such requisite consumer orientation which can effectively handle a large variety of consumer disputes.

6.3 Court System Like any other country, Fiji’s Court System is also fraught with traditional delays, complexities of laws and procedures and high costs for those seeking justice. Little wonder that a common consumer rarely knocks at the door of civil court for justice and courts are always looked at as a matter of last resort. So long as the judicial systems prefer to be couched in conventional Civil & Criminal Procedure Codes and Evidence Act, justice for litigants will always be illusory, like a mirage. For small and petty issues, no one feels able to take recourse to the conventional judicial system. It is precisely this helplessness of citizens and consumers that drives people to explore other ways and means and seek other avenues to get speedy and inexpensive justice. The recommendations made in this paper, after extensive review of the existing consumer protection legislation of Fiji are against this background.

36 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

7.0 Need to Strengthen Existing Institutions

It is not sufficient, however just to have the right laws in place, it is also necessary to have regulators with the capability of ensuring these laws are complied with. This requires changes to institutional arrangements for better enforcement of the laws and to reduce regulatory burdens on business. Designing the institutional form of a consumer protection agency is not straight forward however, there are commonly prescribed characteristics of regulators. These are: • Accountability- regulators must be able to justify decisions and be subject to public scrutiny. • Transparency- regulators should be open, and regulations kept simple and ‘user-friendly’ to promote public trust in the integrity of processes. • Targeted- regulators should focus on the object of the regulation and adapt guidance and support to the different needs of client groups. • Effectiveness- regulators should achieve intended policy objectives with minimal side-effects and encourage innovation and complement the efficiency of markets. • Flexibility- regulators should pursue a culture of continuous improvement and regularly review regulatory restrictions. • Cooperation- regulators should seek to build a cooperative compliance culture, with the regulation developed with the participation of the community and business and in co-ordination with other jurisdictions. • Subject to appeal- a transparent and robust mechanism should exist to provide for appeals against decisions made by the regulator. The proposed reforms in the existing Consumer Protection Legislations do not provide creation of new institutions but also expect strengthening of most of the existing institutions. Small Claims Tribunals, Commerce Commission and Consumer Council of Fiji are three main institutions which need to be strengthened with a view to ensuring meaningful and effective consumer protection in Fiji. Adequate and on-going training, sufficient funding and adequate powers to discharge their statutory functions are sine-qua- none for ensuring success of these proposed reforms. Funding and other resources granted to these institutions must be guaranteed by the Government. This must be an important part of Fiji’s consumer protection policy due to being a small island economy in which consumer protection agencies have to contend with the economic power of businesses, many of which are part of or sub- sidiaries of powerful multinational corporations. Also where monetary penalties are provided for in the consumer protection laws, these funds should be directed to these agencies or a consumer welfare fund.

7.1 Institutional Arrangements Existing Presently, consumers have access to Small Claims Tribunals if they have any grievance against the producers of goods, and providers of service, for claims not exceeding $5000 .However, the SCTs are not empowered to handle consumer complaints about various unfair and restrictive trade practices. Even claims exceeding $5000 cannot be handled by the SCT. The existing SCT mechanism is therefore woefully inadequate to meet the needs of the consumers. Fiji Commerce Commission is yet another institution which is not adequately empowered by law to deal with consumer disputes effectively. The FCC, even under the Commerce Commission Decree 2010, is not empowered to restrain RTPs & UTPs on its own and is required to approach the competent court against any RTPs or UTPs. The same situation is faced by the Consumer Council of Fiji. Some of the functions given by the statute have, in fact, been taken away by the Consumer Council of Fiji Act (Amendment) Decree 1992.

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7.0 Need to Strengthen Existing Institutions

Proposed a) Strengthening of SCTs, Fiji Commerce Commission and Consumer Council of Fiji. The ground realities of this small nation such as the lack of effective competition in the marketplace need to be taken into account where people are poor and are not able to afford a private lawyer. Fiji is a developing country and there needs to be a mechanism which is adequate to meet the daily needs of the consumers. b) Creation of Consumer Tribunals under the proposed Consumer Protection Decree for simple, speedy and inexpensive redress for consumer disputes. c) Creation of a Consumer Protection Board for promoting and protecting consumer rights and to oversee the functioning of Consumer Tribunals. d) Creation of Landlord and Tenancy Board with Divisions under a Landlord & Tenancy Decree. e) Creation of independent Financial Commission to ensure Fiji’s financial markets are fair and transparent.

38 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

8.1 Stakeholders’ Comments & Response The proposed scheme for a Consumer Protection Decree was wholeheartedly welcomed by the consumer representatives and government officials during the second round of consultation with the stakeholders. How- ever, some of the representatives of the trade and industry sector appeared to be apprehensive about certain provisions of the proposed Decree. Some industry representatives expressed their concerns that the Decree was biased towards consumers and hence will be discriminatory in nature. Some trade stakeholders also expressed fears that justice would be denied to them when complaints were launched by consumers. Fears were also expressed by trade & industry sector that the provisions of inexpensive, speedy and simple remedies may be abused/misused by the consumers. Some businessmen also raised their concerns over the denial of their rights to be represented by professional advocates. One of the stakeholders feared that such legislation for protection of consumers may even scare overseas investors. All these concerns and fears expressed at the second round of consultations and at one-to-one meetings with the stakeholders were duly noted. By its very nature the proposed Consumer Protection Decree is a beneficial legislation meant for protecting the interest of consumers. However, that does not mean that traders and industry have to be worried about it or that they will be denied justice by the proposed Consumer Tribunals. The proposed Consumer Protection Decree cannot also be assailed on the ground of discrimination since the Gov- ernment of any state is always empowered -- indeed it is its primary duty -- to create special legislation to afford meaningful protection to any vulnerable, weaker or exploited class of the society. Progressive labour legislation all over the world is a case in point. Some stakeholders claimed that they were being denied their right to be represented by a professional advocate of their choice. However, it must be remembered that the proceedings before the Consumer Tribunal are not in the nature of a criminal trial. They are simple summary proceedings of civil nature based on principles of natural justice where both the parties will have the right to be heard. As regards the proposal to disallow advocates before the Consumer Tribunal, the experience of the Malaysian Consumer Tribunal is worth keeping in mind. The Malaysian Consumer Protection Act does not permit the advocates before the Consumer Tribunals and these Tribunals have been able to dispose of complaints in less than 60 days. Taking into consideration the concerns expressed by the Ministry of Industry & Trade and the Solicitor Gen- eral’s office, an earlier model was reconsidered and an attempt made to take advantage of the SCT’s existing infrastructure by proposing a Consumer Complaints Tribunal (CCT) comprising of a single Member to handle complaints not exceeding the value of $5000, like the SCT. An appeal before the National Consumer Claims Tribunal (NCCT) (Appellate) Bench is provided, thereby avoiding recourse to the court so as to ensure that even the appeals are disposed off speedily without going to High Court and without much cost or complicated procedures. More details of this are given in the next chapter. Since the suggestion of the Chief Justice to include acts of medical negligence of public hospitals under the proposed Consumer Protection Decree was accepted, the NCCT will also be empowered to appoint any medical expert as an amicus curiae, to assist the NCCT in understanding and appreciating the evidence of both the parties in cases of medical negligence by public hospitals. The concerns of some of the stakeholders in regards to misuse/abuse of the simple and inexpensive remedy to harass the traders/businessmen has been considered by providing a penalty against consumers in such cases, apart from dismissal of the complaints. The perceived fear of overseas investors being discouraged by such legislation is totally unfounded. In fact, such legislation which discourages Unfair Trade Practices will, on the contrary, encourage overseas investors because it will ensure a healthy market place in which to operate. There is also a worldwide trend and convergence towards standardization in goods and services, including trade practices. All in all, honest and scrupulous traders, businessmen, manufacturers and service providers have really nothing to fear about the proposed Consumer Protection legislation. It is only those who thrive and profit by adopting various dubious and unfair methods and exploit consumers’ ignorance and gullibility who fear this legislation.

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8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

In fact, many under developed and developing countries have similar legislation in place pursuant to the UN Guidelines for Consumer Protection and trends towards standardization. However, special care is being taken in this case, as in countries such as India, Malaysia etc. to make the procedure for redressing complaints as simple, speedy and inexpensive as possible. Further, care has been taken to ensure that if a consumer suffers any loss or injury due to any defective product or deficient or negligent service, he/she will get adequate compensation for such loss or injury without much ado about strict and complex legal procedure. It must be remembered that if the economy is to be healthy, then consumers must also be economically healthy and free of exploitation. The proposed Consumer Protection legislation aims to achieve this very objective.

8.2 Lessons from Indian Consumer Protection Act There is a lot to learn and also something to unlearn from India’s Consumer Protection Act and its implementation. The Indian Parliament passed a radical Consumer Protection Act in December 1986. This is widely known as a very good piece of legislation for better protection of consumers. It made a major departure from the conventional judicial practice and created a quasi-judicial complaint redressal mechanism, popularly known as Consumer Courts, at district, state and national level to decide complaints within a time frame of 3 to 5 months by adopting a simple, consumer-friendly procedure which is also inexpensive. However, it is also a fact that at least in major cities in India, the time frame of 3 to 5 months for disposal of complaints could not be achieved for a variety of reasons. One of the major reasons for delays in disposal of consumer complaints in the Consumer Courts in India is the presence of lawyers and their attempts to compli- cate proceedings and seek adjournments on frivolous grounds. It is this experience that has prompted a strong recommendation that lawyers should not be allowed to represent the parties before the proposed Consumer Tribunals. This recommendation gets further support from the experience of Malaysia. The Consumer Protec- tion Act (Malaysia) prohibits the appearance of lawyers and the complaints do get decided within a period of less than 60 days. Presence of lawyers in Indian Consumer Courts has over-legalised the proceedings contrary to the letter and spirit of the Indian Consumer Protection Act. By keeping an absence of lawyers in Fiji’s proposed Consumer Tribunals, there is confidence that this will ensure speedy justice through simple proceedings. Another major reason for delay in Indian Consumer Courts is the provision of one appeal and thereafter one revision application. This has often resulted into a case filed at District level, reaching National level taking several years, defeating the very objective of speedy redress for consumer grievances. Based on this experience, only one appeal and no more is provided for to ensure finality of the consumer dispute within a prescribed time frame. By avoiding such pit falls as experienced in India in the proposed Consumer Protection Decree for Fiji, there is strong optimism that the proposed Decree will be able to achieve its objective -- provided the Government of Fiji also takes keen interest in supporting adequate infrastructure and institutions for the efficient and effective working of the Consumer Tribunals.

8.3 Consumer Protection Decree (Proposed) The following is only a proposed Scheme of the CPA and the actual legal text of the Decree will be submitted after acceptance of this Scheme. 1. Objective: To recognize certain consumer rights and responsibilities and to provide for simple, speedy and inexpensive machinery for better protection of consumers’ interests, and to empower consumers to effectively participate in the marketplace by removing any imbalance between the consumers and business, trade and commerce. 2. Consumer Rights: The Decree will recognize certain rights of consumers such as: • Right to uninterrupted access to basic goods and services at affordable rates • Right to safety

40 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

• Right to information • Right to choice • Right to speedy and inexpensive redress of grievances • Right to fair & just compensation • Right to consumer education • Right to be heard • Right to a healthy environment 3. Consumer Responsibilities: The Decree will also provide for responsibilities on the part of the consumer. 4. Consumer Protection Board: There will be a Consumer Protection Board (CPB) to be headed by the concerned Minister and comprising representatives of consumers/consumer bodies/NGOs, business, trade and commerce and relevant Government Agencies. The function of the CPB will be to meet at regular intervals and to make recommendations to the Government: a) To introduce policies to promote and protect the consumer rights and consumer interest, b) To oversee and ensure effective the functioning of the Consumer Tribunals and efficient implementation of the Consumer Protection Decree, c) To create widespread consumer awareness about consumer rights and responsibilities, d) To promote a healthy consumer movement in Fiji. 5. Composition & Pecuniary Jurisdiction of Consumer Complaints Redressal Tribunals: The De- cree will provide Consumer Complaints Tribunals (CCT) for redressing consumer complaints at Suva, Lau- toka and Labasa and any other places that the Government may find it necessary. In addition, there shall be a National Consumer Complaints Tribunal (NCCT – Original and Appellate) located at Suva. a) Consumer Complaints Tribunal (CCT): This will be a single-member Bench on the lines of the Small Claims Tribunal (SCT) in the premises of the SCT itself, using the same infrastructure and having the pecuniary jurisdiction of up to $5000. However, the CCT will deal exclusively with complaints of consumers and not claims from any person as under the SCT decree. CCTs will be set up at Suva, Lautoka, Labasa and any other places the Government may decide from time to time. The Members to be appointed on CCTs will necessarily have a legal qualification (Diploma/Degree in Law) b) National Consumer Complaints Tribunal (NCCT): This will be located in Suva and will comprise of a Original Bench and an Appellate Bench as follows: I. Original Bench: Comprised of a Chairman and two Members. The Chairman will be a retired or a sitting Magistrate and the other two members shall be persons of good standing/reputation and with experience in the field of law, administration, business/trade or social work, one of which will be a woman. This Bench will have pecuniary jurisdiction of more than $5000 with no higher limit. The quorum for this Bench shall be the Chairman and one member. This Bench of the NCCT may also hold sittings at Lautoka, Labasa or any other place as may be decided by the Chairman of the NCCT (Original). II. Appellate Bench: It will comprise a President and two members. The President will be a retired or a sitting High Court Judge and the other two members shall be persons of good standing/reputation and with experience in the field of law, administration, business/trade or social work, one of which will be a woman. The Appellate Bench will deal only with appeals arising from the orders of the CCT and NCCT (original jurisdiction). The quorum for this Bench shall be President and one member. 6. Types of Complaints: Complaints of the following nature will be adjudicated by the Tribunals: a. Defects in the goods b. Deficiency in service

41 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

c. Unfair Trade Practices or tied sales d. Over-charging or wrong billing e. Manufacturing & selling hazardous, harmful or unsafe products f. Unconscionable & unfair contract terms g. Misleading or deceptive advertisements h. Causing any damage or loss to the consumers 7. The following complaints will not be handled by the Tribunal: a. Complaints against Professionals such as Doctors/Dentists and Advocates will not be handled by Consumer Tribunal since there are separate legislations providing remedy against them. However, as suggested by the Hon. Chief Justice, the Tribunals will be empowered to entertain complaints of medical negligence in public hospitals notwithstanding the fact that such services are obtained free of charge. b. Complaints of goods purchased or services availed for “commercial purpose” will not be handled by the Consumer Tribunals. However, if they are purchased or availed for earning a livelihood, the Tribunal can entertain such complaints. 8. Who Can File Complaints: a) Any natural person who has purchased or agrees to purchase any goods for personal, domestic or household purpose or any beneficiary thereof b) Any natural person who has hired/availed or agrees to hire/avail services of any nature for personal, domestic or household purpose for consideration or any beneficiary thereof c) Registered consumer organizations in Fiji including CCF on behalf of a consumer or a class of consumers d) Government of Fiji e) Any single consumer on behalf of a class of consumers f) In case of death of a consumer, his/her legal appointed beneficiary 9. Procedure: The procedure to be followed by the Tribunals shall be: a. Simple, speedy, non-intimidating, and informal and will be summary proceedings b. Based on principles of natural justice instead of the Evidence Act c. The Tribunal will first make efforts to resolve dispute amicably through mediation d. Advocates shall not be allowed to represent any party e. Parties may appear in person or through an authorized representative or the employee of the party who is not a barrister or a solicitor f. If any party fails to appear despite notice, the Tribunal shall proceed ex-parte g. The rules to be made under this Decree will provide for, among other things, model formats of the Complaint, Reply etc h. Only one adjournment may be allowed to any party on genuine grounds i. The case will be closed only on the concerned party (judgement-debtor) producing proof of total compliance of the order j. The Tribunal will give special attention to the disposal of complaints of disabled, disadvantaged consumers and senior citizens and will handle such cases with due sympathy but without compromising

42 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

on merit. Special attention will also be given to tourists who are in the country for a short period. Complaints lodged by tourists will be handled in a timely manner to boost confidence in tourism in Fiji. 10. Time Line: The complaints shall be disposed, as far as possible, within 60 days from the date of serving the copy of the complaint on the respondent. For any delay in disposal, the Tribunal will give reasons. 11. Territorial Jurisdiction: Complaints of the value not exceeding $5000 can be filed within the territorial jurisdiction of the Tribunal where the consumer resides or where the cause of action arises. Complaints of the value exceeding $5000 will be filed before the Original Bench of the National Consumer Complaints Tribunal (NCCT – Original) to be located in Suva. 12. Limitation: Complaints to be filed within three years from the date when the cause of action arose. 13. Powers Of The Tribunal: The CCT & the NCCT (Original) will be vested with the following, among other, powers: a. To direct the party concerned to repair or replace defective goods or refund the price paid for it b. To direct removal of deficiency in service c. To refund the excess price charged d. To discontinue the UTPs e. To strike down unfair or unconscionable terms of contract or the entire contract f. To award fair and just compensation for losses suffered by consumers g. To direct the withdrawal of hazardous/harmful products from the market h. To direct withdrawal of misleading, deceptive advertisements and to order corrective advertisements to neutralize the effect of such misleading or deceptive advertising i. To grant interim relief by way of restraining order or injunction j. To award costs k. To dismiss frivolous or vexatious complaints with compensatory cost l. To grant relief to a class of consumers m. To grant relief which is not sought in the complaint but which is otherwise permissible n. To take suo motu cognizance of any UTP or misleading or deceptive advertisement and grant appropriate reliefs after proper hearing o. To impose fines and award sentences of imprisonment for non-compliance of the Tribunal’s order p. To attach property of the defaulting party for non-compliance of the Tribunal’s order and to order auction of the same for payment of the amount as ordered by the Tribunal 14. Review: Where there is an error apparent on the face of the order or where evidence on record has not been taken into consideration, the aggrieved party may file a Review Application before the same Tribunal within 15 days from the date of the Order, before the same Tribunal. 15. Appeals: • There shall be no Appeal permissible where the total decreetal amount does not exceed $2000 • Appeal against the final order of the CCT or of the NCCT – Original Bench, shall lie before the NCCT – Appellate Bench. • The Party filing the Appeal before the NCCT Appellate Bench will be required to deposit 100 % of the decreetal amount at the Registry at the time of filing the Appeal

43 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

• Appeal will be required to be filed within 30 days from the date of the Order. • The NCCT (Appellate) shall endeavour to dispose of such Appeals within 60 days from the date of filing • There shall not be an appeal against the order of the NCCT (Appellate). The order of the NCCT (Appellate) shall be final and binding on the parties 16. Fees: There shall be nominal fees payable on Complaints proportionate to the valuation of the claim. There shall also be fees payable on Review Applications and Appeals. Fees shall be as prescribed by the Chief Justice from time to time. 17. Non-Compliance: Non-compliance with the Tribunal’s orders will meet with severe penalty and imprisonment. For this purpose, the Tribunals will be vested with powers to sentence a defaulter with a fine and/or imprisonment up to three years. 18. Recovery of Decreetal Amount: The Tribunal will also be vested with necessary powers to recover decreetal amounts by auctioning the property of the judgment-debtor and pay it to the concerned complainant/consumer. 19. Class Action: The Consumer Tribunals will be vested with the power to handle class action complaints filed by any single consumer, group of consumers or a registered consumer organization, subject to following certain conditions/formalities. 20. Decree an Additional Remedy: This Decree will be in addition to and not in derogation of any other law for time being in force. However, no one will be allowed to have recourse to more than one remedy at a time. 21. Contracting Out: The provisions of this Decree shall have effect notwithstanding anything to the contrary in any agreement. Any person who attempts to contract out of any provisions of this Act commits an offence, besides which such contracting out will be void. 22. Dismissal/Penalty for Filing Frivolous or Vexatious Complaints: The Decree will also provide for not only dismissal but also penalties for filing frivolous or vexatious complaints by consumers or consumer bodies. 23. Consumer Welfare Fund: The Decree will create a statutory Consumer Welfare Fund in which all court fees paid, penalties levied by the Tribunal and any other refunds due to unascertainable consumers shall be credited. Such Fund shall be made available to registered consumer organizations and NGOs working for the benefit of consumers for any specific projects of consumer education or consumer protection. The Government may consider transferring unclaimed deposits of bank depositors after expiry of the statutory limitation period of 10 years and after expiry of the time limit given in the mandatory Public Notice. Government may also explore possibilities of transferring unclaimed VAT refunds of foreign tourists. (A preliminary meeting with FRCA officials revealed that there would be a substantial amount of such unclaimed VAT refunds.) 24. Rule Making Powers: The Government will frame necessary rules, consistent with the Decree, for effective functioning of both the Consumer Protection Board and the Consumer Tribunals.

44 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

8.0 New Consumer Protection Legislation: Proposed Scheme of Consumer Protection Decree for Fiji

25. Regulations: The Chief Justice shall frame Regulations, consistent with the Decree and the rules, laying down consumer- friendly procedures for proper working of the Consumer Tribunals. 26. Interpretation: Consumer Tribunals shall interpret the provisions of this statute in a manner which will further the objectives of this statute. 27. Implementation: The Consumer Protection Decree shall be governed by the Ministry of Industry and Trade.

45 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

9.0 Proposed Scheme of Landlord and Tenancy Decree for Fiji

(This is only a proposed Scheme of the Landlord and Tenancy Regulatory Decree and the actual Decree will be submitted after acceptance of the Scheme, with necessary changes. This proposed Decree will replace the existing Fair Rents Act and Distress of Rent Act.)

1. Objective The Decree is being enacted with following objectives: a) To regulate transactions in real estate by providing effective machinery for protecting the interests of persons acquiring premises on lease as well as of those persons letting their premises on lease b) To provide for effective machinery for determination of fair rent of dwelling houses and other premises c) To provide simple and effective machinery to redress various problems faced by the lessors and lessees

2. Scope of the Decree a) The proposed Decree will replace the existing Fair Rents Act [Cap 269] and Distress for Rent Act [Cap 36]. b) Considering the fact that both Lessors (Landlords) and Lessees (Tenants) have several complaints/ grievances against each other, the proposed Act will recognize the rights and obligations of Lessor as well as Lessee. c) The Decree will make execution and registration of Lease Agreements between the Lessor & Lessee for any residential and commercial premises mandatory under the Law. A nominal registration fee would also be payable. d) The Decree will also provide a model Lease Agreement covering certain mandatory provisions therein which must be present in any Lease Agreement. CCF has developed such model Agreement which can serve as the base template for the model. e) The Decree will create a Landlord and Tenancy Board at Suva with Divisional offices in Central (Suva), Western and the Northern Divisions. f) The Decree will provide for the determination of Fair Rent by the Landlord and Tenancy Board.

3. Composition of Landlord and Tenancy Board a) The Decree will create a Landlord and Tenancy Board at Suva with Divisions in the Central, Western and the Northern Division. The Board will be a body corporate with continuity and with a seal. b) The Landlord and Tenancy Board at Suva will be headed by a retired High Court Judge or a retired Chief Magistrate and will have two other Members (one of them preferably being a woman) with experience in the field of real estate, building construction, valuation of properties or law or commerce or engineering. The Board will also have a Registrar and such other staff to assist them in the discharge of their functions at Suva. c) The Divisions of Landlord and Tenancy Boards in Western and Northern Divisions will be headed by the Divisional Commissioners and will also have a Registrar and such other staff to assist them in the discharge of their functions at the above three places.

46 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

9.0 Proposed Scheme of Landlord and Tenancy Decree for Fiji

4. Functions of Landlord and Tenancy Board The Landlord and Tenancy Board will have following functions: a) To oversee and ensure smooth and efficient functioning of the Divisional Landlord and Tenancy Boards b) To hear appeals against the orders passed by the Divisional Boards in respect of forfeiture of the Deposit, or any complaint filed by the Lessee or a Lessor in respect of any real estate d) To hear appeals against any fair rent determined by the Divisional Board e) To frame regulations for efficient functioning of the Landlord and Tenancy Boards f) To prescribe a model Lease Agreement with certain mandatory and certain optional provisions therein (CCF’s model agreement may be relied upon as a starting point)

5. Functions of Divisions of the Landlord and Tenancy Board a) To prescribe terms & conditions for the licencing of Real Estate Agents, including giving a bank guarantee or refundable interest-free deposit for proper performance and forfeiture of the same in case of any complaints about any irregularities or any acts causing losses to the customers b) To determine the fair rent for the leased premises on the application by the Lessor or the Lessee by appointing a Valuer c) To hear and decide the complaints against the Lessor, Lessee or Real Estate Agents d) To revoke the licence already granted, in case of breach of terms & conditions e) To award compensation to the complainant for any losses suffered f) To register the lease agreements between the Lessor and the Lessee for any residential or commercial real estate premises within its territorial jurisdiction on payment of certain Registration fees to be prescribed by the Government and provided the same is in line with the Model Lease Agreement as prescribed under this Act g) To administer rental bonds and deposits.

6. Complaint Redressal Mechanism Divisional Landlord and Tenancy Board a) Any complaints of the lessor (landlord) or Lessee against the lessee, lessor or against the real estate agent arising within the Divisional territorial jurisdiction in respect of the real estate given or taken on lease, shall be heard by the Divisional Landlord and Tenancy Board and be disposed off within 45 days after giving notice to the other side and by giving both the parties opportunity to represent their views either in person or through an authorized agent who will not be an advocate or solicitor. b) The Divisional Board will have powers to summon the parties, receive evidence on affidavit or orally on oath, to call for documents required for adjudicating the complaint, to ensure compliance of its orders and take action and impose penalties and sentence for non-compliance or breach of its order.

Landlord and Tenancy Board at Suva a) Any appeal against any a final order passed by the Divisional Board will be made before the Landlord and Tenancy Board in Suva within 15 days from receipt of the Divisional Board’s order. b) The Board will, after giving notice to all parties concerned, hear the Appeal and decide the same within 30 days from the date of filing the Appeal.

47 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

9.0 Proposed Scheme of Landlord and Tenancy Decree for Fiji

c) The parties before the Board will either appear in person or through their authorized representative who will not be an advocate or a solicitor. The tenants will be classified in three categories 1) Residential tenant 2) Commercial tenant 3) Tenants as the employees of the landlords. The tenant who is also an employee of the lessor pays rent in kind. His complaints will have to be treated on different grounds as the relation of lessor and lessee has two sides. Since providing of quarters is part of the employment contract, these types of tenancies will be outside the purview of this Decree. The rights and responsibilities of lessee and lessor will be the same as provided in the Fair Rents Act [Cap 269]. It is proposed to retain section 19 of the Fair Rents Act [Cap 269]. It is proposed to totally repeal the Distress for Rent Act [Cap 36]. Landlords are being provided with simple and speedy redressal machinery for recovery of rent due from the tenants and hence there is no need for levying any distress for rent, the process which is far from being fair and decent. Rental Bond system similar to that practiced in NSW (Australia) is being recommended to protect the interest of both landlords and the tenants. The proposed Decree may be implemented by REALB. This proposed Decree will replace the existing Fair Rents Act [Cap 269] and Distress of Rent Act [Cap 36].

48 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

APPENDIX – I Stakeholders’ List at Western Div. Workshop, 7th March 2011

ACADEMICS / EDUCATION INSTITUTIONS NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 1 Dr. Premila Devi Acting Director, Private Mail Bag, Lautoka [email protected] 6651488 - No Attendance USP, Lautoka Campus 2 Mr.Rupeni TPAF Lautoka Private Mail Bag, Lautoka [email protected] 666700 6640437 No Attendance Lewetuitovu Campus Manager GOVERNMENT /PUBLIC SECTOR (CEO’s- Town Councils, Special Administrators, Chamber of Com- merce- President/ Secretary) NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 3 Mr. Viliame Roko- Tui- Nadroga/ P.O Box 267, Sigatoka [email protected] 6500004 6501393 No Attendance Burenivalu Navosa 4 Mr. Anand Pillay Acting CEO P.O Box 118, Sigatoka anandsamipillay@ 6520766 6520231 Represented Sigatoka Town Town Council yahoo.com by Abhay Council Kumar

5 Mr. Jay White President P. O Box 1473 jay@sigatokariver. 0800- 6501723 No Attendance Chamber of Sigatoka com 6501721 Commerce Sigatoka 6 Mr. Terrance CEO P.O Box 241 - 6700133 6701202 Represented O’Neil Nadi Town Council Nadi by Aisea Tuidraki and Maria Pillay

7 Dr. Ram Raju President P.O Box 871 rraju@connect. 6700240 6702406 Represented Chamber of Nadi com.fj by Prue Rose Commerce, Nadi 8 Mr. Rup Narayan PIB/Commerce P.O Box 594, niumaicolati@ 6661853 6661853 Attended Commission & Fair Lautoka yahoo.com Trading 9 Mr. Gyneshwar CEO, Lautoka City P.O Box 124, Lautoka [email protected] 6660433 6663288 Represented Rao Council by Shiva Rajan 10 Mr. Pravin Bala Special P.O Box 124, Lautoka [email protected] 6660433 6663288 Represented Administrator by Shiva Rajan Lautoka City 11 Mr. Joeli Cawaki Commissioner P.O Box 64, - 6640033/ 666077/ No Attendance Western Lautoka 6660760/ 6645045 Western Division 6664946 12 Mr. Harish Kant Trade P.O Box 438, Harish.kant@ 6661084 6669260 No Attendance Measurement& Lautoka govnet.gov.fj Standards Dept. of Weights & Measures-Western 13 Mr. Satish Lal Divisional Inspector P.O Box 438, 6661084 6669260 No Attendance Western, Lautoka Dept. of Weights & Measures-Western 14 Mr. Dip Chand Divisional Health P.O Box 45, Lautoka - 6660411 6652476 Attended with Inspector (Western ) Rameshwar Ministry of Health Prasad 15 Mr. Sugrim Principle Agricultural P.O Box 254, Lautoka sugrimchand@ 6661000 6666532 No Attendance Chand Officer Western yahoo.com Ministry of Agriculture

49 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

GOVERNMENT /PUBLIC SECTOR (CEO’s- Town Councils, Special Administrators, Chamber of Commerce- President/ Secretary) NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 16 Mrs. Jeremia Senior Welfare P.O Box 543, Lautoka ltibibou@govnet. 6660241/ 6668392 Represented Moce Officer, Western gov.fj 6661583 by Salote Division Biukoto Ministry of Social Welfare 17 Mrs. Anareta Divisional Women P.O Box 7105, Lautoka anareta.apole@ 6661615 - No Attendance Apole Interest Officer- govnet.gov.fj Western Ministry of Women 18 Mr. Patrick Acting Divisional P.O Box 5477, Lautoka pmorgam@youth. 6667811/ 6667422 No Attendance Morgam Youth Officer West govnet.gov.fj 6667831 19 Mr Hari Krishna Senior Education P.O Box 337, hari.krishna@ 6664033 6663847 Attended Officer-Western Lautoka govnet.gov.fj Ministry of Education

20 Mr. Tulsi Ram CEO, P. O Box 184 batowncouncil@ 6674277 6674684 Represented Ba Town Council Ba connect.com.fj by Makereta Naisau 21 Mr. Arun Prasad Special P.O Box 184, batowncouncil@ 6674277 6674684 No Attendance Administrator Ba connect.com.fj Ba/ Tavua 22 Mr. Dinesh Patel President- Ba (same as Secretary-Ba (same as Secretary- - - No Attendance Chamber of Chamber of Commerce) Ba Chamber of Commerce Commerce) 23 Ms. Jasuman CEO, Tavua Town P.O Box 532, Tavua - 6681010/ 6681051 No Attendance Khan Council 6680817 24 Mr. Pravin President/ Secretary- P.O Box 322, Tavua Pravinanand66@ 6680775 - No Attendance Anand Tavua Chamber of gmail.com (9997587) Commerce 25 Mrs. Seini Raiko Interim P.O Box 68, Rakiraki rakirakitowncouncil 6694966 6694966 No Attendance (9906112) Administrator @gmail.com Rakiraki Town Council NGO SECTOR NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 26 Mr. Sashi Kiran Foundation for P.O Box D623 Lautoka - 6663181 6669181 Represented Rural Integrated by Sumintra Enterprises and Devi, Zareen Development Nisha, Logendra Naidu, Kaleem Singh, Mohini Kumar & Mala Naidu BUSINESS REPRESENTATIVES/TRADERS/MANUFACTUERS/INDUSTRIES NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 27 Mr. Raj Gopal Neworld- P.O Box 68, Ba raj@newworld. 6674600 6676026 Represented Administrative com.fj by Parmesh Manager Chand & Anthony 28 Mr. Pravin General Manager, P.O Box 3959 - 9991785 6666169 No Attendance Chand Shop ‘N’ Save Lautoka West 29 Mr. Tota Ram Operating Manager, P.O Box 29, Nadi t.ram@carpenters. 6662999 6662390 No Attendance Morris Hedstrom com.fj Western Division 30 Mr Ashnil Chand Manager, Farmers P.O.Box 868, ril.superfoods@ 6661685 6668845 No Attendance Superfoods Lautoka gmail.com Supermarkets

50 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

FINANCIAL INSTITUTIONS 31 NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 32 Mrs. Ana Manger P.O Box 14, Nadi - 6700077 6702036 Attended Sharma Westpac- Nadi 33 Mrs Ann Manager P.O Box 884 Nadi APesamino@bsp. 6700988 6702355 No Attendance Pesamino BSP-Nadi com.fj 34 Mrs R.M Lal Manager Bank Of P.O Box 22, Nadi bobnadi@connect. 6700963 6702062 No Attendance Baroda- Nadi com.fj 35 Mrs. Ana Manager ANZ- Nadi Branch Manager ANZ Ana.Nagatalevu@ 6500466 6702355 No Attendance Nagatalevu Bank, P.O Box 179, Suva anz.com 36 Mr Aisake Radu Business Manager- P.O Box 1718 Aisake.Radu@fdb. 6701900 6703552 No Attendance FDB, Nadi Nadi com.fj 37 Mr. Saiyad Manager West, Merchant Finance saiyad.buksh@mfl. 6645822 6645929 No Attendance Buksh Merchant Finance Limited com.fj Limited Private Mail Bag Nadi Airport 38 Mr Suren Parad Manager- West P.O Box 427 suren.prasad@ 6652025 / 6652085 No Attendance Credit Corporation Lautoka creditcorp.fj 9997479 Ltd 39 Ms. Savitri Devi Legal Officer- P.O Box 5162 [email protected] 6650466 6650466 No Attendance Narayan Lautoka Lautoka Sugar Cane Growers Council Legal/ Judicial Department NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 40 Mr. Tabibiri Officer-In-Charge Private Mail Bag, New - 6650011 6651788 Represented Terere Legal Aid Court Complex, Lautoka by Priya Commission- Prasad Lautoka 41 Mr.Ropate State Solicitor P.O Box 440, [email protected]. 6662986 6668077 No Attendance Green Ministry of Justice Lautoka gov.fj Lautoka 42 Mr Pravin Officer-in-Charge P.O Box 6453, - 6661403 6667399 No Attendance Anand Small Claims Lautoka Tribunal Lautoka 43 39. Mr. Mosese Magistrates Court P.O Box 1275, - 6701322 6700918 No Attendance Naivalu Resident Nadi Mr. Nazeem Magistrate- Nadi Khan 44 Hon. Justice High Court P.O Box 388 sravasakula@ 6660256 6669699 No Attendance Mr. Sosefo Resident High Court agriculture.gov.fj Inoke Magistrate- Lautoka Lautoka

45 Mr. Usaia Magistrate Court P.O Box 430 bacourt@conncet. 6674096 6670400 No Attendance Ratuvili Resident Ba com.fj Magistrate- Ba 46 Mr. Siddiq Faizal Magistrate Court P.O Box 516 - 6681110 6694348 Attended Resident Tavua Magistrate- Tavua/ Rakiraki 47 Mr Samuel Ram Private lawyer P O Box 3318, Ba - 6671815 6671814 No Attendance 48 Mr.Eroni SCT Referee-Lautoka P.O Box 6453, - 6661403 6667399 No Attendance Antonio Lautoka 49 Mr.Sita Ram SCT Referee-Lautoka P.O Box 6453, - 6661403 6667399 No Attendance Lautoka 50 Mr Timoci SCT Referee-Lautoka P.O Box 6453, - 6661403 6667399 No Attendance Mucunabitu Lautoka 51 Mr. Panapasa SCT Referee-Lautoka P.O Box 6453, - 6661403 6667399 No Attendance Matailevu Lautoka

51 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Legal/ Judicial Department NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 52 Mr.Adish A K lawyers P.O Box 45, aknarayan@connect. 6675366 6670080 No Attendance Narayan Ba com.fj 53 Mr Iqbal Khan Iqbal Khan & P.O Box 870 khaniqbal@connect. 6666167 6666142 No Attendance Associates Lautoka com.fj Barister / Solicitor 54 Mr. Shailend Legal Practitioner/ P.O Box 881 info.krishnalaw@ 6662144 6661467 Attended Krishna Officer-in-Charge, Lautoka gmail.com Krishna & Co. Lautoka

55 Ms.Vasantika Legal Practitioner, P.O Box 11, vasantika@connect. 6700200 6702235 No Attendance Patel Patel Vasantika, Nadi com.fj Nadi 56 Mr. Vipul Mishra Legal Practitioner, P.O Box 13, mishraprakash@ 6674588 6670255 No Attendance Mishra Prakash & Ba connect.com.fj Associates Telecommunications Organisations NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 57 Ms. Akosita Team Leader P.O Box 603,Lautoka akosita.matatolu@ 6650019 6666600 No Attendance Matatolu Customer Care tfl.com.fj Center TFL_Lautoka 58 Mr Vijay Krishna Retail Shop P.O.Box 5601,Lautoka vijay.krishna@ 6668000 6668007 No Attendance Manager vodafone.com Vodafone-Lautoka 59 Ms Cynthia Corporate Manager- Private Mail Bag, cynthia.rasch@ - 6727536 Attended Rasch West Nadi Airport digicelgroup.com Digicel Nadi Utility Organisations NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 60 Ms Apikali Team Leader Private Bag Mail, Suva [email protected] 6664555 6660171 No Attendance Ravulo Revenue Services- West FEA 61 Mr. Sekove Billing Officer WAF - suluinayau@waf. 3346777 6651958 No Attendance Uluinayau WAF com Lautoka Credit/Hire Purchase Companies NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 62 Mr Salesh Regional Retail P.O Box 764, schand2@courts. 6661566 6663037 Represented Chand Manager, Lautoka com.fj 9990555 by Rohinel Courts Home Maharaj centres Lautoka 63 V Ramani Our consumer P O Box 270, Nadi vramani@connect. 6701704/ 6702051 No Attendance com.fj 6700509 64 Mr. Babu General Manager P.O Box 259, [email protected] 6700744 6702214 Represented Chawda for Business Nadi by Altaab Development, Khan Jacks of Fiji Nadi

52 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Airline Companies NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 65 Mr Jim Samson General Manager P.O Box 9270, Jimmy.Samson@ No Attendance 6735401 / Pacific Sun Nadi Airport pacificsun.com.fj 6720085 9906207 Fiji Airlines Ltd 66 Mr Dave MD/ CEO C/- Air Pacific Ltd, Doreen@airpacific. No Attendance Pflieger Air Pacific Ltd Private Mail Bag com.fj 6720777 6720510 Nadi Airport 67 Ms Jayshree Staff Attorney/ C/- Air Pacific Ltd, Doreen@airpacific. No Attendance Raniga Company Secretary Private Mail Bag com.fj 6720777 6720510 Air Pacific Ltd Nadi Airport

APPENDIX - II Stakeholders’ List at Suva Workshop, 10th March 2011

BOARD MEMBERS NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Mr. Narendra Padarath Ram Padarath P. O. Box 29 Ba [email protected] No attendance Chairman Holdings Ltd 6674 000 / 9994 420 2 Mr. Raman Dahia Dahia Footwear P. O. Box 264 Suva [email protected] No attendance Director 1 Lakeba Street 3383 283 / 9994 626 Samabula 1 Lakeba Street Samabula 3 Dr. Salesi Savou Retired Civil Servant P. O. Box 15340 Suva - Attended 364 Princess Road Tamavua 3580 616 / 7144 365

4 Mrs. Ilisapeci Bole Retired Former 34 Bureta Street [email protected] Attended Principal Education Samabula Officer 3370 968 / ACADEMICS / EDUCATION INSTITUTIONS NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Dr. Mahendra Reddy FIT/FNU P.O Box 7222 [email protected] No attendance Dean & Chairman of College of Business, NASINU Commerce Commission Hospitality & 3381044 xtn 409 Tourism Studies, 9236458 FIT/FNU 2 Dr. Ganesh Chand VC, FNU 3393129 or 3394000 [email protected] Represented by xtn 134 Prof. Ram Karan 3 Dr. Rohit Kishore Lecturer, Finance, Laucala Campus, [email protected] Attended USP Laucala Bay Road, 4 Professor Faculty of Business & Private Mail Bag [email protected] No attendance Biman Prasad Economics, USP C/- USP, SUVA Dean Laucala Campus, 5 Dr. Chandra Dulare Economics, USP Laucala Bay Road, [email protected] No attendance Assistant Professor Private Mail Bag C/- USP, SUVA 6 Dr. Arvind Patel Accounting & [email protected] No attendance Head of School Finance 7 Mr. Mesake Nawari Accounting [email protected] or No attendance Senior Fellow USP [email protected] 8 Mr. Nainendra Nand Head of Law School, No attendance USP 9 Mr. Joeli Baledrokadroka University of Fiji P.O. Box 10201, Nadi [email protected] Represented by Lecturer University of Fiji School Watesoni Nata Of Law & Ors 1 Kula Road Samabula Campus

53 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

GOVERNMENT /PUBLIC SECTOR NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Dr. Salanieta Saketa PS, Ministry of P. O. Box 2223, Govt [email protected] PA for Represented by Health Bldgs, SUVA or Dinem PSMOH Leseili Tuiwawa House, 88 Amy St, TOORAK 3221500/9079997 2 Ms. Saipora Mataikabara PS, Ministry of Trade P. O. Box 2118, Govt [email protected] No attendance Bldgs, SUVA or Naibati House, Goodenough St, SUVA 3212638/ 9905554 3 Mr. Christopher Pryde PS, Ministry of G. P. O Box 11869, SUVA [email protected] No attendance Justice/Solicitor- or Lvl 1-3 Suvavou House, General Victoria Pde, SUVA 3309 866 4 Mrs. Irani Wakshita-archchi Chief Registrar High Court of Fiji, P.O.Box [email protected] Represented by 2215, Govt Bldgs, SUVA P. Hetteirachchi 3211481 or 3211482 & Sumudu Premachandra 5 Chief Justice Mr. Anthony Chief Justice Old Wing [email protected] Represented by Gates Supreme Court Government Buildings P. Hetteirachchi of Fiji Suva & Sumudu 3211335 Premachandra 6 Mr. Lote Buinimasi SCT Tribunal/ FFA Building, Gladstone [email protected] No attendance 7 Mr. Sita Ram Referees Rd, SUVA No attendance 8 Mr. Joel Sahai 3211 305 No attendance 9 Mr. John Tevita No attendance 10 Mr. Ikbal Jannif G. P. O Box 8, SUVA or 1 [email protected] Attended Victoria Pde, c/- Caines Jannif Photo Studios SUVA – 3313211 11 Mr. Bobby Maharaj P. O. Box 5031, RAIWAQA [email protected] Represented by or Level 1 Garden City Nilesh Chand Complex, Carpenter St, RAIWAI 3372179/ 9000 771 12 Ms. Seema Sharma Trade Standards P. O. Box 2118, Govt [email protected] Attended Advisory Council Bldgs, SUVA or Naibati House, Goodenough St, SUVA 3212 626 13 Mr. Colin Vincent Sibary Real Estate Agents Suite 3 First floor [email protected] Attended Licensing Board Narsey Building 98-100 Renwick Road Suva 9929 147 / 3380 584 NGO SECTOR NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Mr. Paras Sukul Fiji Consumers G.P.O Box 12018, SUVA [email protected] Attended with President Association or Brewster St, SUVA Francis Waqa 9993 446 / 3371 919 25 Rifle Range Road Vatuwaqa 2 Mr. Joseph Camillo ECREA G. P. O. Box 15473, SUVA or 189 [email protected] Represented by Director Ratu Sukuna Rd, SUVA Savu 3307 588 / 9923 887 3 Mr. Serive Rokotuibau Fiji Disabled Person’s 3 Brown St, Toorak, SUVA [email protected] No attendance Acting President Association 4 Mr. Hassan Khan FCCOS 3312649 [email protected] No attendance 5 Father Kevin Barr Pacific Community 36 Koroi Street [email protected] No attendance Network Samabula [email protected] P. O. Box 5336 Raiwaqa 3373 223 6 Ms. Shamima Ali Fiji Women’s Crisis 88 Gordon Street Suva [email protected] No attendance Centre 3313300 7 Ms. Virisila Buadromo Fiji Women’s Rights 4 Gordon Street Suva [email protected] No attendance Movement 3313156

54 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

BUSINESS REPRESENTATIVES/TRADERS/MANUFACTUERS/INDUSTRIES NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Mr Himmat Lodhia Suva/Fiji Retailers House of Lords, 19 Cumming [email protected] No attendance President Association Street, SUVA 9928 888/ 3300 068 2 Mr Peter Masey Fiji Chamber of Garden City, RAIWAI swanimaha@connect. No attendance President Commerce com.fj

3 Mr. Kalpesh Solanki Fiji Textile Clothing & G.P.O.Box 1308, SUVA [email protected] No attendance Footwear Association 3385 088 4 Dr Nurbano Ali Women In Business P.O.Box 2475, Govt Bldgs, SUVA [email protected] No attendance President Level 4 Dominion House 5 Mr. Ajay Raniga Fiji Pharmaceutical P. O. Box 850, NADI ajaybudpharm@connect. No attendance President Society 6722 533 com.fj 6 Dr Ifereimi Waqainabete Fiji Medical P.O. Box 1116, SUVA or 304 [email protected] No attendance President Association Waimanu Rd, SUVA 9373545 / 3315 388 7 Dr. Vikash Singh Fiji Dental Association 10 Stewart Street [email protected] Represented by D. Mansoor Ali 8 Mr Rishi Ram, General Fiji Taxi Union Samabula Represented by Secreatary Vincent Singh 9 Mr. Rohit Lacthan, General Fiji Bus Operators Represented by secretary Association Ravi Chandra 10 Mr. David Chand, General Fiji Pesticide Wailada Lami [email protected] No attendance Secreatry Association 11 Mr. Suresh Singh, President Fiji Motor Association Nivis Motors Nabua Suva [email protected] No attendance 12 Mr. Ershan Jan Second Hand Car Opposite Courts Samabula Sakura Attended Dealers Association Cars 13 Mr. Baljeet Singh Fiji Service Station C/- Kundan Singhs Supermarket [email protected] No attendance Retailers Association Pricess Road Tamavua 14 Mr. Teddy Abdean National Electrical 6 Denison Road Domain No attendance Contractors Association of Fiji 15 Mr. Savendra Dayal Fiji Grocers Association 4 Bulei Street [email protected] Attended c/- Johnson & Johnson Laucala Beach 3391155 16 Mr. Humphrey Chang Fiji Manufacturers C/- Wing Lee Motors No attendance Association Samabula FINANCIAL INSTITUTIONS NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Mr. Rasiklal Joghia Association of Banks Unit 1 Ground Floor [email protected] No attendance CEO in Fiji 23 Gladstone Rd, SUVA 2 Mr. Nafitalai Cakacaka Fiji Development Bank 360 Victoria Parade [email protected] No attendance General Manager Business SUVA Risks 3 Mr. Lolesh Sharma, Insurance Council G.P.O Box 16976, SUVA lolesh.sharma@ Represented by Chairman suninsurance.com.fj Joshika Kiran & Raksha Chand 4 Mr. Barry Whiteside, RBF Private Mail Bag, SUVA [email protected] Represented Governor of RBF or Reserve Bank Bldg, Pratt St, [email protected] by James SUVA Baledrokadroka & Vereimi Levula 5 Mr. Uday Sen Merchant Finance P.O.Box 14213, SUVA or Lvl 1 91 [email protected] No attendance CEO Gordon St, SUVA 6 Mr. Ross McDonald Credit Corporation P.O.Box 14070, SUVA or Credit ross.mcdonald@creditcorp. No attendance Director House, 10 Gorrie St, SUVA com.fj

55 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

SECTOR-SPECIFIC NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED Electricity 1 Mr. Hasmukh Patel, CEO FEA 2 Marlow St, SUVA [email protected] Represented by 3313 333 Arieta Tawake & Karunesh Rao Telecommunications 2 Mr. Aslam Khan, CEO Vodafone Private Mail Bag, SUVA [email protected] No attendance

3 Mr. David Butler, CEO Digicel Private Mail Bag, Nadi Airport David.butler@digicelgroup. Represented by com Peter Paul De Goeij 4 Mr. Rohan Mail, CEO Telecom Private Mail Bag, SUVA [email protected] No attendance Water 5 Mr. Opetaia Ravai Water Authority of Fiji P.O.Box 1272 SUVA or Manohan [email protected] Represented by Acting CEO Bldg, Kings Rd Michelle Singh Hardware 6 Mr. Veeral Patel Vinod Patel P.O.Box 14416, SUVA Represented by GM Sales & Operations Ph 3393111 Divend Sharma 7 Mr. Arvind Kasabia Kasabia G.P.O Box 167, SUVA [email protected] No attendance Managing Director 8 Mr. Jiten Patel R C Manuhhai P.O.Box 9, BA [email protected] No attendance Managing Director – Suva 9 Mr. Harold Powell, M D Carpenters Hardware G.P.O.Box 48, SUVA r.chand.hw@carpenters. Represented by com.fj Deepika Prakash & Mohammed Saneem Supermarkets 10 Mr. Senaka Amerasinghe MH supermarket P.O.Box 295, SUVA [email protected] Attended [email protected] 11 Mr. Rattan Deo, M D Shop n Save P.O.Box 17823, SUVA [email protected] No attendance 12 Ms. Gita Prasad Rajendra Prasad Robertson Rd, SUVA [email protected] Attended 13 Mr. Anil Patel Newworld P.O.Box 68, BA [email protected] No attendance 14 Mr. Jayesh Patel, R B Centrepoint Box A 156 Centrepoint, Laucala [email protected] or No attendance Managing Director Beach Estate [email protected] Credit providers 15 Ms. Shalini Datt CourtsHomescenters 123 Ratu Mara Rd, SAMABULA [email protected] Attended with Maruf Khan & Charles Work 16 Ms. Meenu Sahai MH Homemaker P. O. Box 295, SUVA m.sahai.mh@carpenters. No attendance com.fj

56 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

APPENDIX - III One to One Stakeholders’ Meeting at Suva 7th - 11th March 2011

Date Name Organisation Time Venue Attended Not Attended 09/03 Ms. Seema Sharma – Acting Principal Ministry of Industry 9.00a.m Naibati House Attended Economics Planning Officer and Trade by All Mr. Sunia – Chief Economist Mr. Joel Abraham – Senior Research Commerce Fellow - CommComm Commission Mr. Colin Sibary – Chairman REALB Mr. Ravinesh Murti- REALB REALB 09/03 Hon. Aiyaz Saiyed Khaiyum Ministry of Justice 11.00a.m Level 7 Suvavou House, Victoria Attended Attorney-General Parade [email protected] 09/03 Mr Christopher Pryde Ministry of Justice 12.00p.m Level 7 Suvavou House, Victoria Attended Solicitor-General Parade [email protected] Mr Esala Masitabua- Chief Manager Reserve Bank of Fiji 2.00p.m Podium 4, RBF Building Attended Financial Institutions Group Pratt Street, Suva [email protected] Mr. Vereimi Levula – Manager Financial Systems Compliance [email protected] Mr. Bobby Maharaj – CEO Commerce 3.00p.m Commission Boardroom Garden Attended [email protected] Commission City Raiwai 11/03 Chief Justice Judiciary 9.00a.m Chief Justice’s Office Attended Magistrates Training Room Chief Registrar Government Buildings High Court Judges [email protected] [email protected] 11/03 Mr. Sunil Sharma - Director Legal Aid 10.00am 3rd Floor Old Wing Attended [email protected] Commission Government Buildings, Suva 11/03 Marlene Dutta, Vice-President Women in Business 11.00am Consumer Council Boardroom [email protected] Mr. Humphrey Chan, President Fiji Manufacturers Attended [email protected] Association Mr Joseph Camillo- Director ECREA [email protected] Mr Neil Maharaj- Project Officer FCOSS Attended [email protected] Ms. Virisila Buadromo- Executive Director FWRM [email protected] Father Kevin Barr- Consultant PCN [email protected] Mr. Paras Sukul- Secretary Fiji Consumers [email protected] Association Attended 11/03 Ms. Makareta Ledua FIRCA Vat Unit 12.00pm Executive Meeting Room 2 @ Attended [email protected] Building 3 Level 4 Ratu Sukuna Rd, Nasese 11/03 Mr. Savendra Dayal, President Fiji Grocers 1pm Consumer Council Boardroom Attended [email protected] Association Mr. Rudra Prasad – Food 4 Less Mr Frank Jackson – SCA Hygiene Australasia Mr. Deepak Rathod – R. B Patel Group Ltd Mr. Rakesh Patel- Motibhai Group of Companies Ms Ateca Silo – Nestle (Fiji) Ltd 11/03 Mr. Irshad Jan – President Fiji Motor Vehicle 2pm Consumer Council Boardroom Attended Mr. Ravin Lal – Autoworld Motors Dealers Association Mr. Sachida Sharma – Sharma Rental Cars

57 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

APPENDIX - IV One to One Stakeholders’ Meeting at Lautoka 7th -11th March 2011

Date Name Organisation Time Venue Attended Not Attended 8.3.11 Allen Lockington Fiji National 9:00 AM Lautoka Council Office Attended University

8.3.11 Hasmukh Lal Desai Secretary Lautoka 10.15 AM Lautoka Council Office Attended Retailors Association

8.3.11 Dr. Raju President 12.45 PM DSM Centre - Nadi Attended Chamber of Commerce, Nadi

APPENDIX - V Suva - List of Stakeholders’ Workshop 18th – 29th October 2010

BOARD MEMBERS NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED 1 Mr. Narendra Padarath Ram Padarath Holdings Ltd P. O. Box 29 Ba narendra.padarath@bahotel. Attended Chairman 6674 000 / 9994 420 com.fj 110 Bank Street Varadoli Ba 2 Mr. Raman Dahia Dahia Footwear P. O. Box 264 Suva [email protected] No attendance Director 1 Lakeba Street Samabula 3383 283 / 9994 626 1 Lakeba Street Samabula 3 Dr. Salesi Savou Retired Civil Servant P. O. Box 15340 Suva - Attended 364 Princess Road Tamavua 3580 616 / 7144 365 4 Mrs. Ilisapeci Bole Retired Former Principal 34 Bureta Street Samabula [email protected] Attended Education Officer 3370 968 / ACADEMICS / EDUCATION INSTITUTIONS NAME ORGANISATION POSTAL ADDRESS EMAIL 1 Dr. Mahendra Reddy FIT/FNU P.O Box 7222 [email protected] Represented by Dean & Chairman College of Business, NASINU Mr. B. Maharaj of Commerce Hospitality & Tourism 3381044 xtn 409 & Joel Abraham Commission Studies, FIT/FNU 9236458 2 Dr. Ganesh Chand VC, FNU 3393129 or 3394000 xtn 134 [email protected] No attendance [email protected] 3 Dr. Chandra Dulare Economics, FNU P.O.Box 7222 [email protected] No attendance Assistant Professor Namaka Campus NASINU [email protected] 4 Dr. Rohit Kishore Lecturer, Finance, USP Laucala Campus, [email protected] No attendance 5 Professor Biman Faculty of Business & Laucala Bay Road, [email protected] No attendance Prasad. Dean Economics, USP Private Mail Bag C/- USP 6 Dr. Arvind Patel Accounting & Finance SUVA [email protected] No attendance Head of School 7 Mr. Mesake Nawari Statham Campus, Vatuwaqa [email protected] or No attendance Senior Fellow ICT Park. USP [email protected] 8 Mr. Nainendra Nand Head of Law School, USP [email protected] No attendance 9 Mr. Joeli University of Fiji P.O. Box 10201, Nadi [email protected] Attended Baledrokadroka University of Fiji. School Of Lecturer Law 1 Kula Road Samabula Campus

58 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

BOARD MEMBERS GOVERNMENT /PUBLIC SECTOR NAME ORGANISATION POSTAL ADDRESS EMAIL 1 Dr. Salanieta Saketa PS, Ministry of Health P. O. Box 2223, Govt Bldgs, [email protected] No Attendance SUVA or Dinem House, 88 Amy St, TOORAK 3221500/9079997 2 Ms. Saipora PS, Ministry of Trade P. O. Box 2118, Govt Bldgs, saipora.mataikabara@govnet. Attended Mataikabara SUVA or Naibati House, gov.fj with Anjani, Goodenough St, SUVA [email protected] Mereoni, and 3212638/ 9905554 Deputy PS 3 Mr. Christopher Pryde PS, Ministry of Justice/ G. P. O Box 11869, SUVA [email protected] No attendance Solicitor-General or Level 7 Suvavou House, [email protected] Victoria Pde, SUVA 3309 866 4 Mrs. Irani Wakshita- Chief Registrar High Court of Fiji, P.O.Box [email protected] Represented by archchi 2215, Govt Bldgs, SUVA Ms. Makereta 3211481 or 3211482 Mua 5 Chief Justice Mr. Chief Justice Old Wing [email protected] Represented by Anthony Gates Supreme Court of Fiji Government Buildings Suva [email protected] Ms. Makereta 3211335 Mua 6 Mr. Lote Buinimasi SCT Tribunal/Referees FFA Building, Gladstone Rd, [email protected] No attendance 7 Mr. Suruj Pal SCT Tribunal/Referees SUVA No attendance 3211 305 8 Mr. Joel Sahai SCT Tribunal/Referees Attended 9 Mr. John Tevita SCT Tribunal/Referees No attendance 10 Mr. Ikbal Jannif Retired Referees G. P. O Box 8, SUVA or 1 [email protected] Attended Victoria Pde, c/- Caines Jannif Photo Studios SUVA 3313211 11 Mr. Bobby Maharaj Commerce Commission & P. O. Box 5031, RAIWAQA or b.maharaj@commcomm. Attended PIB & Fair Trading Level 1 Garden City Complex, gov.fj Carpenter St, RAIWAI 3372179/ 9000 771

12 Ms. Seema Sharma Trade Standards Advisory P. O. Box 2118, Govt Bldgs, [email protected] Attended Council SUVA or Naibati House, Goodenough St, SUVA 3212 626 13 Mr. Colin Vincent Real Estate Agents Licensing Suite 3 First floor [email protected] Attended with Sibary Board Narsey Building Ravinesh Murti 98-100 Renwick Road Suva 9929 147 / 3380 584 3300354/3300355 Office

59 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

BOARD MEMBERS NGO SECTOR NAME ORGANISATION POSTAL ADDRESS EMAIL 1 Mr. Baij Maharaj Fiji Consumers Association G.P.O Box 12018, SUVA [email protected] Attended Treasurer or Brewster St, SUVA 9974531 / 9368249 2 Mr. Joseph Camillo ECREA G. P. O. Box 15473, SUVA or [email protected] Attended Director 189 Ratu Sukuna Rd, SUVA 3307 588 / 9923 887 3 Mr. Serive Rokotuibau Fiji Disabled Person’s 3 Brown St, Toorak, SUVA [email protected] Represented by Acting President Association Ritesh 4 Mr. Hassan Khan FCOSS 256 Waimanu Road, Suva [email protected] Attended 3312649/ 3319015 5 Father Kevin Barr Pacific Community Network Koroi Street Samabula [email protected] Attended vide a P. O. Box 5336 Raiwaqa [email protected] representative 3373 223 6 Ms. Shamima Ali Fiji Women’s Crisis Centre 88 Gordon Street Suva [email protected] No attendance 3313300 7 Ms. Virisila Buadromo Fiji Women’s Rights 4 Gordon Street Suva [email protected] No attendance Movement 3313156 8 Mr. Arthur Simmons Divisional Service Centre Fiji Red Cross Society No attendance Coordinator North Siberia Road Labasa BUSINESS REPRESENTATIVES/TRADERS/MANUFACTUERS/INDUSTRIES NAME ORGANISATION POSTAL ADDRESS EMAIL 1 Mr Himmat Lodhia Suva/Fiji Retailers House of Lords [email protected] Attended President Association 19 Cumming Street, SUVA 9928 888/ 3300 068 2 Mr Peter Masey Fiji Chamber of Commerce Fiji Sports Council Old [email protected] Attended President Gymnasium Suva 3 Mr. Kalpesh Solanki Fiji Textile Clothing & G. P. O. Box 1308, SUVA [email protected] Attended Footwear Association 3385 088 [email protected] 4 Dr Nurbano Ali Women In Business P.O.Box 2475, Govt Bldgs, [email protected] No attendance President SUVA Level 4 Dominion House 5 Mr. Ajay Raniga Fiji Pharmaceutical Society P. O. Box 850, NADI ajaybudpharm@connect. No attendance President 6722 533 com.fj

6 Dr Ifereimi Fiji Medical Association P.O. Box 1116, SUVA or 304 [email protected] No attendance Waqainabete Waimanu Rd, SUVA [email protected] President 9373545 / 3315 388 7 Dr. Vikash Singh Fiji Dental Association 10 Stewart Street Suva [email protected] Represented by Mansoor Ali 8 Mr Rishi Ram, General Fiji Taxi Union Fiji Taxi Union Attended Secreatary 30 Ratu Mara Road Samabula 9 Mr. Rohit Lacthan, Fiji Bus Operators 355 Waimanu Road Suva [email protected] No Attendance General secretary Association [email protected] 10 Mr. David Chand, Fiji Pesticide Association Wailada Lami [email protected] Attended General Secreatry 11 Mr. Suresh Singh, Fiji Motor Association Nivis Motors Nabua Suva [email protected] No Attendance President 12 Mr. Dorsami Naidu Fiji Law Society No Attendance

60 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

BOARD MEMBERS BUSINESS REPRESENTATIVES/TRADERS/MANUFACTUERS/INDUSTRIES 13 Mr.Ershan Jan Motor Vehicle Dealers Opposite Courts Samabula motorpartsakura@connect. Attended with Association Sakura Cars com.fj Ajay Mishra and Sachida Sharma 14 Mr. Baljeet Singh Fiji Service Station Retailers C/- Kundan Singhs [email protected] No Attendance Association Supermarket Pricess Road Tamavua 15 Mr. Teddy Abdean National Electrical 6 Denison Road Domain [email protected] Attended Contractors Association of Fiji 16 Mr. Savendra Dayal Fiji Grocers Association c/- 4 Bulei Street [email protected] No Attendance Johnson & Johnson Laucala Beach 3391155 17 Mr. Parmod Chand Labasa Chamber of P.O. Box 2587 No Attendance Commerce Labasa Parmod Enterprise 18 Mr. Kalpesh Solanki Fiji Clothing Textiles & 7 Jai Hanuman Street [email protected] Attended Footwear Association Vatuwaqa 19 Mr. Humphrey Chang Fiji Manufacturers C/- Wing Lee Motors [email protected] Attended Association Samabula

FINANCIAL INSTITUTIONS NAME ORGANISATION POSTAL ADDRESS EMAIL 1 Mr. Rasiklal Joghia Association of Banks in Fiji Unit 1 Ground Floor [email protected] No attendance CEO 23 Gladstone Rd, SUVA 2 Mr. Nafitalai Cakacaka Fiji Development Bank 360 Victoria Parade [email protected] No Attendance General Manager SUVA Business Risks 3 Mr. Filimoni Waqabaca RBF Private Mail Bag, SUVA [email protected] No Attendance Chief Manager or Reserve Bank Bldg, Pratt Financial Systems St, SUVA Development & Compliance 4 Mr. Lolesh Sharma, Insurance Council G.P.O Box 16976, SUVA lolesh.sharma@ No Attendance Chairman suninsurance.com.fj joshika.kiran@suninsurance. com.fj 5 Mr. Sada Reddy, RBF Private Mail Bag, SUVA Represented Governor of RBF or Reserve Bank Bldg, Pratt by Vereimi St, SUVA Levula & James Baledrokadroka 6 Mr. Uday Sen Merchant Finance P.O.Box 14213, SUVA or Lvl 1 [email protected] No attendance CEO 91 Gordon St, SUVA 7 Mr. Ross McDonald Credit Corporation P.O.Box 14070, SUVA or Credit ross.mcdonald@creditcorp. No attendance Director House, 10 Gorrie St, SUVA com.fj

61 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

SECTOR-SPECIFIC NAME ORGANISATION POSTAL ADDRESS EMAIL ATTENDED NOT ATTENDED Electricity 1 Mr. Hasmukh Patel, CEO FEA 2 Marlow St, SUVA [email protected] No Attendance 3313 333 Telecommunications 2 Mr. Aslam Khan, CEO Vodafone Private Mail Bag, SUVA [email protected] No Attendance

3 Mr. David Butler, CEO Digicel Private Mail Bag, Nadi [email protected] No Attendance Airport [email protected] 4 Mr. Rohan Mail, CEO Telecom Private Mail Bag, SUVA [email protected] No Attendance Water 5 Mr. Tony Fullman Water Authority of Fiji P.O.Box 1272 SUVA or [email protected] Represented by Manohan Bldg, Kings Rd Mr. Opetaia Ravai 3346713/3346777 & Michelle Singh Hardware 6 Mr. Veeral Patel Vinod Patel P.O.Box 14416, SUVA No Attendance GM Sales & Operations Ph 3393111 [email protected] 7 Mr. Arvind Kasabia Kasabia G.P.O Box 167, SUVA [email protected] No Attendance Managing Director 8 Mr. Jiten Patel R C Manubhai P.O.Box 9, BA [email protected] No Attendance Managing Director – Suva 9 Mr. Harold Powell, M D Carpenters Hardware G.P.O.Box 48, SUVA [email protected] No Attendance Supermarkets 10 Mr. Freddie Keshwan MH supermarket P.O.Box 295, SUVA [email protected] Attended with Deepika Prakash 11 Mr. Rattan Deo, M D Shop n Save P.O.Box 17823, SUVA [email protected] No Attendance

12 Ms. Gitanjali Prasad Rajendra Prasad Robertson Rd, SUVA [email protected] Attended [email protected] 13 Mr. Anil Patel Newworld P.O.Box 68, BA [email protected] No Attendance 14 Mr. Jayesh Patel R B Centrepoint Box A 156 Centrepoint, [email protected] or rbpatels@ No Attendance Managing Director Laucala Beach Estate connect.com.fj [email protected] Credit providers 15 Ms. Shalini Datt CourtsHomescenters 123 Ratu Mara Rd, [email protected] SAMABULA Attended 16 Ms. Meenu Sahai MH Homemaker P. O. Box 295, SUVA [email protected] No Attendance

APPENDIX - VI Western - List of Stakeholders’ Workshop 18th to 29th October 2010

62 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

GOVERNMENT /PUBLIC SECTOR (CEO’s- Town Councils, Special Administrators, Chamber of Commerce- President/ Secretary) NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 3 Mr. Viliame Roko- Tui- Nadroga/ P.O Box 267, Sigatoka [email protected] 6500004 6501393 No attendance Burenivalu Navosa 4 Mr. Anand Pillay Acting CEO P.O Box 118, Sigatoka [email protected] 6520766 6520231 Represented by Sigatoka Town Council Town Council Abhay Kumar 5 Mr. Jay White President P. O Box 1473 [email protected] 0800- 6501723 No attendance Chamber of Commerce Sigatoka 6501721 Sigatoka. 6 Mr. Terrance CEO P.O Box 241 - 6700133 6701202 No attendance O’Neil Nadi Town Council Nadi 7 Dr. Ram Raju President, Chamber of P.O Box 871 [email protected] 6700240 6702406 Represented by Commerce, Nadi Nadi Prue Rose 8 Mr. Rup PIB/Commerce P.O Box 594, [email protected] 6661853 6661853 Attended Narayan Commission & Fair Trading Lautoka 9 Mr. Gyneshwar CEO, Lautoka City Council P.O Box 124, Lautoka [email protected] 6660433 6663288 Represented by Rao Rohit Singh 10 Mr. Pravin Bala Special Administrator P.O Box 124, Lautoka [email protected] 6660433 6663288 No attendance Lautoka City 11 Mr. Joeli Cawaki Commissioner Western P.O Box 64, - 6640033/ 666077/ No attendance Western Division Lautoka 6660760/ 6645045 6664946 12 Mr. Harish Kant Trade Measurement& P.O Box 438, [email protected] 6661084 6669260 No attendance Standards Lautoka Dept. of Weights & Measures-Western 13 Mr. Satish Lal Divisional Inspector P.O Box 438, 6661084 6669260 No attendance Western, Lautoka Dept. of Weights & Measures-Western 14 Mr. Dip Chand Divisional Health P.O Box 45, Lautoka - 6660411 6652476 No attendance Inspector (Western ) Ministry of Health 15 Mr. Sugrim Principle Agricultural P.O Box 254, Lautoka [email protected] 6661000 6666532 Represented by Chand Officer Western Inise Sakoro Ministry of Agriculture 16 Mrs. Jeremia Senior Welfare Officer, P.O Box 543, Lautoka [email protected] 6660241/ 6668392 Attended Moce Western Division 6661583 Ministry of Social Welfare 17 Mrs. Anareta Divisional Women Interest P.O Box 7105, Lautoka [email protected] 6661615 - No attendance Apole Officer- Western Ministry of Women 18 Mr. Patrick Acting Divisional Youth P.O Box 5477, Lautoka [email protected] 6667811/ 6667422 Attended Morgam Officer West 6667831 19 Mr Hari Krishna Senior Education Officer- P.O Box 337, [email protected] 6664033 6663847 Attended Western Lautoka Ministry of Education 20 Mr. Tulsi Ram CEO, P. O Box 184 [email protected] 6674277 6674684 Represented by Ba Town Council Ba Dip Narayan & Ramesh Kumar 21 Mr. Arun Prasad Special Administrator P.O Box 184, [email protected] 6674277 6674684 No attendance Ba/ Tavua Ba 22 Mr. Dinesh President- Ba Chamber of (same as Secretary- (same as Secretary-Ba Chamber - - No attendance Patel Commerce Ba Chamber of of Commerce) Commerce) 23 Ms. Jasuman CEO, Tavua Town Council P.O Box 532, Tavua - 6681010/ 6681051 No attendance Khan 6680817 24 Mr. Pravin President/ Secretary- Tavua P.O Box 322, Tavua [email protected] 6680775 - Attended Anand Chamber of Commerce (9997587) 25 Mrs. Seini Raiko Interim Administrator P.O Box 68, Rakiraki [email protected] 6694966 6694966 No attendance (9906112) Rakiraki Town Council

63 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

NGO SECTOR NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 26 Mr. Sashi Kiran Foundation for Rural Integrated P.O Box D623 Lautoka - 6663181 6669181 No attendance Enterprises and Development BUSINESS REPRESENTATIVES/TRADERS/MANUFACTUERS/INDUSTRIES NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 27 Mr. Raj Gopal Neworld- Administrative P.O Box 68, Ba [email protected] 6674600 6676026 Represented by Manager Harjeet Singh & Parmesh Chand 28 Mr. Pravin General Manager, Shop ‘N’ Save P.O Box 3959 - 9991785 6666169 Chand West Lautoka No attendance 29 Mr. Tota Ram Operating Manager, Morris P.O Box 29, Nadi [email protected] 6662999 6662390 Represented by Hedstrom Western Division Roshni Nand 30 Mr Ashnil Manager, Farmers Superfoods P.O.Box 868, [email protected] 6661685 6668845 No attendance Chand Supermarkets Lautoka FINANCIAL INSTITUTIONS 31 NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 32 Mrs. Ana Manger P.O Box 14, Nadi - 6700077 6702036 Attended with Sharma Westpac- Nadi Robert Tivalavou 33 Mrs Ann Manager P.O Box 884 Nadi [email protected] 6700988 6702355 No attendance Pesamino BSP-Nadi 34 Mrs R.M Lal Manager Bank Of Baroda- P.O Box 22, Nadi [email protected] 6700963 6702062 No attendance Nadi 35 Mrs. Ana Manager ANZ- Nadi Branch Manager ANZ [email protected] 6500466 6702355 No attendance Nagatalevu Bank, P.O Box 179, Suva 36 Mr Aisake Business Manager-FDB, Nadi P.O Box 1718 [email protected] 6701900 6703552 Represented Radu Nadi by Douglas Ratabakau 37 Mr. Saiyad Manager West, Merchant Finance [email protected] 6645822 6645929 No attendance Buksh Merchant Finance Limited Limited Private Mail Bag Nadi Airport 38 Mr Suren Manager- West P.O Box 427 [email protected] 6652025 / 6652085 No attendance Parad Credit Corporation Ltd Lautoka 9997479 39 Ms. Savitri Legal Officer-Lautoka P.O Box 5162 [email protected] 6650466 6650466 No attendance Devi Narayan Sugar Cane Growers Council Lautoka

64 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Legal/ Judicial Department NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 40 Mr. Tabibiri Officer-In-Charge Private Mail Bag, - 6650011 6651788 No attendance Terere Legal Aid Commission- New Court Complex, Lautoka Lautoka 41 Mr.Ropate State Solicitor P.O Box 440, [email protected] 6662986 6668077 No attendance Green Ministry of Justice Lautoka Lautoka 42 Mr Pravin Officer-in-Charge P.O Box 6453, - 6661403 6667399 Attended Anand Small Claims Tribunal Lautoka Lautoka 43 Mr. Nazeem Magistrates Court P.O Box 1275, - 6701322 6700918 No attendance Khan Resident Magistrate- Nadi Nadi 44 Hon. Justice High Court P.O Box 388 [email protected] 6660256 6669699 Represented by Mr. Sosefo Resident Magistrate- High Court Madam Justice Inoke Lautoka Lautoka Dilrukshi Dias Wickramasinthe 45 Mr. Usaia Magistrate Court P.O Box 430 [email protected] 6674096 6670400 No attendance Ratuvili Resident Magistrate- Ba Ba 46 Mr. Siddiq Magistrate Court P.O Box 516 - 6681110 6694348 Attended Faizal Resident Magistrate- Tavua Tavua/ Rakiraki 47 Mr Samuel Private lawyer P O Box 3318, Ba - 6671815 6671814 Attended Ram 48 Mr.Eroni No attendance SCT Referee-Lautoka P.O Box 6453, Antonio - 6661403 6667399 Lautoka

49 Mr.Sita Ram SCT Referee-Lautoka P.O Box 6453, No attendance - 6661403 6667399 Lautoka 50 Mr Timoci SCT Referee-Lautoka P.O Box 6453, No attendance - 6661403 6667399 Mucunabitu Lautoka 51 Mr. Panapasa SCT Referee-Lautoka P.O Box 6453, No attendance - 6661403 6667399 Matailevu Lautoka 52 Mr.Adish A K lawyers P.O Box 45, [email protected] 6675366 6670080 No attendance Narayan Ba 53 Mr Iqbal Khan Iqbal Khan & Associates P.O Box 870 [email protected] 6666167 6666142 No attendance Barister / Solicitor Lautoka 54 Mr. Shailend Legal Practitioner/ Officer- P.O Box 881 [email protected] 6662144 6661467 No attendance Krishna in-Charge, Krishna & Co. Lautoka Lautoka 55 Ms.Vasantika Legal Practitioner, P.O Box 11, [email protected] 6700200 6702235 No attendance Patel Patel Vasantika, Nadi Nadi 56 Mr. Vipul Legal Practitioner, Mishra P.O Box 13, [email protected] 6674588 6670255 No attendance Mishra Prakash & Associates Ba Telecommunications Organisations NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 57 Ms. Akosita Team Leader P.O Box [email protected] 6650019 6666600 Represented by Matatolu Customer Care Center 603,Lautoka Bale Naidrodro TFL_Lautoka 58 Mr Vijay Retail Shop Manager P.O.Box [email protected] 6668000 6668007 No attendance Krishna Vodafone-Lautoka 5601,Lautoka 59 Ms Cynthia Corporate Manager-West Private Mail Bag, cynthia.rasch@digicelgroup. - 6727536 Attended Rasch Digicel Nadi Airport com Nadi

65 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Telecommunications Organisations NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 57 Ms. Akosita Team Leader P.O Box [email protected] 6650019 6666600 Represented by Matatolu Customer Care Center 603,Lautoka Bale Naidrodro TFL_Lautoka 58 Mr Vijay Retail Shop Manager P.O.Box [email protected] 6668000 6668007 No attendance Krishna Vodafone-Lautoka 5601,Lautoka 59 Ms Cynthia Corporate Manager-West Private Mail Bag, cynthia.rasch@digicelgroup. - 6727536 Attended Rasch Digicel Nadi Airport com Nadi Utility Organisations NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 60 Ms Apikali Team Leader Revenue Private Bag Mail, [email protected] 6664555 6660171 No attendance Ravulo Services-West Suva FEA 61 Mr. Sekove Billing Officer WAF - [email protected] 3346777 6651958 No attendance Uluinayau WAF Lautoka Credit/Hire Purchase Companies NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 62 Mr Salesh Regional Retail Manager, P.O Box 764, [email protected] 6661566 6663037 Attended Chand Courts Home centres Lautoka 9990555 Lautoka 63 V Ramani Our consumer P O Box 270, Nadi [email protected] 6701704/ 6702051 No attendance 6700509 64 Mr. Babu General Manager for P.O Box 259, [email protected] 6700744 6702214 Represented by Chawda Business Development, Nadi Suresh, Ranjini Jacks of Fiji Wati, Clifford Nadi Martin & Sanjay Airline Companies NAME ORGANISATION POSTAL ADDRESS EMAIL PHONE FAX ATTENDED NOT ATTENDED 65 Mr Jim General Manager P.O Box 9270, Jimmy.Samson@pacificsun. 6735401 No attendance Samson Pacific Sun Nadi Airport com.fj / 6720085 Fiji Airlines Ltd 9906207 66 Mr Dave MD/ CEO C/- Air Pacific Ltd, [email protected] No attendance Pflieger Air Pacific Ltd Private Mail Bag 6720777 6720510 Nadi Airport 67 Ms Jayshree Staff Attorney/ Company C/- Air Pacific Ltd, [email protected] No attendance Raniga Secretary Private Mail Bag 6720777 6720510 Air Pacific Ltd Nadi Airport

66 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

APPENDIX VII One to One Stakeholders’ Meeting at Suva 18th to 29th October 2010

Date Name Organisation Time Venue Attended Not Attended Thursday PS, Mrs. Saipora Maitkabara and staff including Ministry of Trade & 9-11am Naibati House Attended 21/10 a meeting with Board members and Chairman Industryz of Commerce Commission, PIB and Fair Trading, Standards & Weights & Measures & Trade Standards Advisory Council. Mr. Collin Sibary, Chairperson Real Estate Board 12pm-1pm 1st Floor Narseys Attended Building, Ellery street Mr. Sada Reddy, Governor Reserve Bank of Fiji 3pm-4pm Podium 4, RBF Attended Mr. Filimoni Waqabaca, Chief Manager – Financial building Pratt Street, Systems Development & Compliance Suva Vereimi Levula, Manager Financial Systems Compliance Pranesh Sharma, Analyst Kelera Kalokalo, Analyst

Friday Mr. Christopher Pryde, Solicitor General Ministry of Justice 9am-11am Level 7 Suvavou Attended 22/10 House Victoria Parade Chief Justice Judiciary 12pm-1pm Chief Justice’s Office Attended Magistrates Level 2 – High Court Chief Registrar of Fiji High Court Judges SCT Staff & Referees Small Claims Tribunal 2pm-3pm Ground Floor, Fiji FA Attended Building, Gladstone Rd Friday Mr. Joseph Camillo, Director ECREA 3pm-4:30pm Consumer Council Attended 22/10 Fiji Council of Social Boardroom Mr. Hassan Khan, Director Services Fiji Women’s Crisis Center Shamima Ali, Coordinator Fiji Women’s Rights Movement Virisila Buadromo, Executive Director People’s Community Network Father Kevin Barr, Consultant Fiji Consumers Association

Paras Sukul, Secretary 25/10 Mr. Lolesh Sharma, Chairman Fiji Insurance Council 7am-8am Sun Insurance Office Attended Flagstaff Marlene Dutta, Vice President Women in Business 8:30am- Consumer Council Attended 9:30am Boardroom Savendra Dayal, President Fiji Grocers Association

Humphrey Chang, President Fiji Manufacturers Association Dhansuklal Bhika, Vice-President Fiji Retailers Association 11am-12pm Consumer Council Attended Boardroom Sunil Sharma, Secretary Suva Chamber of Commerce Dr James Fong, Vice-President Fiji Medical Association 1pm-2pm Attended

Dr. Vikash Singh, President Fiji Dental Association

Mr. Ajay Raniga, President Fiji Pharmaceutical Association Dr. Neil Sharma, Minister 3pm – 4pm 88 Amy Street, Attended Dr. Salaneita Saketa, PS Ministry of Health & Toorak Waisale Delai, National Advisor Environmental Health Central Board of Health Jope Tamani – Senior House Inspector - Food 29/10 Mr. Rasiklal Jogia, CEO Association of Banks Fiji 9am – Unit 1, Ground Floor, 10.30am 23 Gladstone Road

67 REVIEW REPORT ON EXISTING CONSUMER PROTECTION LAWS OF FIJI: THE WAY FORWARD

Date Name Organisation Time Venue Attended Not Attended Dr. Neil Sharma, Minister 3pm – 4pm 88 Amy Street, Attended Dr. Salaneita Saketa, PS Ministry of Health & Toorak Waisale Delai, National Advisor Environmental Health Central Board of Health Jope Tamani – Senior House Inspector - Food 29/10 Mr. Rasiklal Jogia, CEO Association of Banks Fiji 9am – Unit 1, Ground Floor, 10.30am 23 Gladstone Road

APPENDIX VIII One to One Stakeholders’ Meeting at Lautoka 18th to 29th October 2010

Date Name Organization Time Venue Attended Not Attended 18/10 Gyaneshwar Rao Lautoka City Council 9:30AM P.O. Box 124 Lautoka Attended CEO 18/10 Swani Maharaj Ex-President of Fiji 11.00AM 6 Tagimoucia Street - Attended Former Chairman of CCoF Chamber of Commerce Lautoka

18/10 Dr. Ram Raju President 2.30PM DSM Centre - Nadi Attended Chamber of Commerce, Nadi 18/10 Terence O’ Neil Nadi Town Council 3.30PM Main Street - Nadi Attended CEO