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Protect Our Land

A free guide for Pacific families: before you lease, and how to grow income while keeping your land. Fiji, Samoa, Tonga, Tahiti / French Polynesia, Papua New Guinea and Vanuatu, with notes on American Samoa and the Cook Islands.

By Blake Soifua · Projects Possible

General information only, not legal advice. Before you sign anything, know your country's rules and talk it through with your family, your elders, and your land trust board or land ministry, or a lawyer.

Download the full guide (PDF, 50 pages)

Download your country's guide

Historical photos, public domain or no known copyright restrictions (Tonga: Flickr Commons), via Wikimedia Commons: Fiji (1913, NYPL); Samoa (circa 1890, Te Papa); Tonga (1900, Australian National Maritime Museum); Hawaiʻi (circa 1883, Bishop Museum); Papua New Guinea (1885, J. W. Lindt, State Library Victoria); Cook Islands (circa 1900, George R. Crummer, Alexander Turnbull Library); Palau (before 1935, National Diet Library, Japan); Solomon Islands (1908, George Brown, 1908); American Samoa (between 1890 and 1910, Thomas Andrew, Te Papa); Niue (circa 1900, from Basil Thomson, Savage Island, 1902); Vanuatu (1901, lantern slide by Molteni, Radiguet & Massiot, Bibliothèque nationale de France); Aotearoa (1890s photochrom, Photoglob Co., Library of Congress); Tokelau (engraving, from James D. Dana, Corals and Coral Islands, 1890); Tuvalu (1900–01, A. B. Alexander, US Fish Commission Albatross expedition); Guam (1917, H. W. Elliott, from L. M. Cox, The Island of Guam).

Before you begin

Talofa lava, Bula vinaka, Mālō e lelei, ʻIa ora na

Our land holds our names, our graves, our gardens and our stories. It came to us from those before, and it is meant to go to those who come after.

This guide is for families who have been offered a lease, or who might be one day. It explains, in plain words, what to check before signing, how land and leasing work in six Pacific countries, and the many ways families earn from their land while keeping it.

Leases are not bad. Many families earn good, steady income from fair leases. But a long lease, like 50, 75 or 99 years, will outlive the people who sign it. That is why it deserves time, care and the whole family's voice.

How to use this guide

Short on time? Read “Someone offered us a lease” and use the one-page Lease Check.
Need help? Each country has a “Where to go for help” section. Every website was checked to load in October 2026.
Print it, share it, read it aloud at your family or village meeting.

Fiji

Vanua

land

Samoa

Fanua

land

Tonga

Fonua

land

Tahiti

Fenua

land

Please note: General information, not legal advice. Talk to your land board or a lawyer before signing. Laws, fees and contacts change. Always check with the official office.

Why it matters

A 99-year lease is about four generations

If a lease is signed today for 99 years, the people who get the land back may be your great-great-grandchildren. Most of the people in the room when it is signed will never see it end.

Money today, land tomorrow

Some offers pay a large sum now. Ask what the land will be worth to your family in 20, 50 and 99 years, not only this year.

The land may come back changed

Buildings, cleared forest, fill, or pollution can stay after a lease ends. The lease should say who fixes what.

The investor can change

Unless the lease stops it, the lease can be sold or passed on to people you have never met.

Families grow

A family of 20 today may be 200 later. Think about where your children will live, farm and be buried.

This is not about fear. A fair lease can be a blessing. The goal is to understand the deal fully, decide together, and get it in writing.

The checklist

Eight things to check before you sign

Who gets the land back, and in what state?

The lease should say the land returns to your family, and in what condition: cleared of rubbish, chemicals and dangerous buildings.

Buildings and improvements at the end

Who owns houses, hotels, roads or crops when the lease ends? Do you have to pay for them? Can the investor remove them, or must they leave them?

Selling or subletting without you

Can the investor assign (sell) the lease or sublease it to someone else? Ask for a clause that needs your written consent first.

Rent reviews and inflation

Fixed rent loses value every year. Ask for rent reviews every few years, linked to market value or the cost of living.

Premium or yearly rent?

A premium is a one-off payment at the start. Annual rent keeps coming. Know how much of each, and who receives them.

The whole family agrees

Has the whole mataqali / ʻāiga / clan / co-owner group had a real say, including women, young people and members overseas? Record it in writing.

Independent advice

Get advice from someone who works only for your family: your land board, the public solicitor or legal aid, or your own lawyer. Not the investor's lawyer.

Everything in writing, copies kept

Promises made out loud are not in the lease. Get the full lease in writing and signed, with a copy for the family. Keep copies in more than one safe place.

Our way

Deciding together

Land decisions belong to the family, not to one person. Our customs of talking together (talanoa, fono, soalaupule, bose) are a strength here.

Who must agree?

Each country has its own rules about who must consent: all owners, a majority, or chiefs with the family. Ask your land office exactly who must sign.

Include everyone

Women, young people, people with disabilities and family overseas are owners too. Make sure they can speak and be heard.

Write it down

Keep minutes: the date, who was there, what was offered, what was decided, and who will act. Have them signed.

Share the benefits fairly

Agree how rent will be shared or used (school fees, a church, a family fund) before the money comes.

Use an interpreter

If the offer is in English or French, ask for the lease to be read and explained in your language.

It's okay to say no

“No”, “not yet” or “only for a shorter time” are all respectful answers.

Step by step

Someone offered us a lease: what now?

Don't sign on the spotA fair offer will still be there next week. Say: “Thank you. Our family needs time to talk and get advice.”
Gather the familyCall a proper meeting of all owners or their representatives. Include elders, women, youth and family overseas (a video call works). Write down who came and what was agreed.
Get a copy to keepAsk for the full draft lease, maps and plans, in writing. Ask for a translation into your language if you need one.
Check with your land boardAsk the official land office whether this lease is allowed, what the usual rent is, and what steps are required (see Section 4).
Get free legal helpContact legal aid or the public solicitor, or a lawyer who works only for your family.
Compare offersAsk what similar land earns. Look at other options too: farming, a homestay, a shorter lease or a joint venture.
NegotiateEvery clause can be discussed: the term, rent reviews, jobs for family, return of the land. Ask for changes in writing.
Sign only when you are sureEveryone who must sign has read it or had it explained. Keep a signed copy in your family land folder.

Watch out

Red flags

If you see one of these, stop and get advice before you go any further.

Pressure to sign fast

“Sign today or the deal is gone.” Real partners give you time to get advice.

Cash upfront to one person

Money or gifts given to one chief, one relative or one ‘representative’ before the family has agreed.

Papers only in English

Or only in a language some owners can't read well. Everyone signing should understand every page.

No copy left with you

If they take the papers away after you sign, you have no proof of what you agreed. Always keep a copy.

Middlemen and ‘fixers’

Someone says they represent the family but is paid by the investor. Ask who pays them.

Promises not in the lease

“Of course we'll hire your sons.” If a promise matters, it must be written into the lease.

If you feel pressured, you can simply say: “We will not sign anything until our family and our land office have checked it.” That is your right.

Be ready

Questions to ask the investor

Write down the answers, the date, and who answered. A good partner will answer clearly.

Who exactly are you? Can we see your company registration?
What will you build or grow, and on how much of the land?
Why do you need this many years?
How much is the rent, how often is it paid, and when will it go up?
Is there a premium? Who receives it?
Who can you sell or sublease the lease to? Will you need our written consent?
What happens to the buildings when the lease ends?
How will you protect water, reefs, forest, graves and sacred places?
How many jobs and training places for our family, in writing?
What happens if you stop paying or leave?
Will you pay for our independent legal advice?
Can we see a lease you made with another family, and speak to them?

An illustration, not a prediction

How a fixed rent shrinks over 99 years

Imagine a lease with rent fixed at 1,000 a year (in any currency) that never goes up, while prices rise 3% a year. The bars show what that same 1,000 can buy, in today's money.

744

after 10 years

228

after 50 years

54

after 99 years: about one-twentieth

What helps: rent reviews every 3 to 5 years, linked to the market value of the land or the cost of living; a share of income from the business; and a shorter term with an option to renew.

How we worked it out: 1,000 divided by 1.03 for each year. Real inflation goes up and down, and is sometimes higher than 3%. This simple example only shows the idea.

Words you will see

Glossary: lease words in plain English

Lease: A written agreement that lets someone use your land for a set time, in return for rent. The land stays yours.
Lessor / Lessee: Lessor: the side giving the lease (owners or the land board for them). Lessee: the side getting it (the tenant or investor).
Term: How long the lease lasts, for example 30 years.
Renewal / option to renew: A right to extend the lease when it ends. Check who has the choice, and on what rent.
Premium: A one-off sum paid at the start of a lease, separate from yearly rent.
Annual rent: Money paid every year for the use of the land.
Rent review: A set time when the rent is checked and changed, for example every 5 years.
Inflation: Prices rising over time, so the same money buys less each year.
Assignment: When the tenant sells or hands the whole lease to someone else.
Sublease: When the tenant rents out part or all of the land to another person.
Consent: Formal permission, best given in writing.
Covenant / clause: A promise or rule written into the lease, such as “keep the land clean”.

Words you will see

Glossary (continued)

Improvements: Things added to the land: houses, buildings, roads, fences, trees and crops.
Reversion / surrender: When the land goes back to the owners at the end, or early by agreement.
Default / breach: When one side breaks a promise in the lease, such as not paying rent.
Forfeiture / termination: Ending the lease early because of a serious breach, following the steps in the lease.
Customary land: Land held by families, clans or villages under custom, not bought and sold.
Freehold: Land owned outright that can be bought and sold.
Registration: Recording a lease at the official land registry, so it is legally recognised and protected.
Survey plan: An official map showing the exact borders and size of the land.
Mortgage: Using a lease or land as security for a loan. If the loan is not repaid, the bank may take the lease.
Joint venture: When owners and an investor run a business together and share the profits.
Independent advice: Advice from someone who works only for you, with no link to the investor.
Witness: A person who watches you sign and signs too. Ideally, someone the family trusts.

Don’t understand a word in your lease? Circle it and ask your land office or legal aid to explain it. There is no shame in asking. The people who wrote it should be able to explain it simply.

How land works

Fiji

Vanua

~91%

of land is iTaukei (native) land

99 yrs

maximum lease of iTaukei land

TLTB

manages leases for landowners

Most land in Fiji is iTaukei land, owned by mataqali and other landowning units. It cannot be sold to outsiders, but it can be leased. The iTaukei Land Trust Board (TLTB) manages and grants leases on behalf of landowners, collects rent and pays it out.

The iTaukei Land Trust (Leases and Licences) Regulations, reg 6, set the maximum lease at 99 years. Many leases are shorter. About 6% of land is freehold and the rest is State land.

Ask TLTB to explain any offer, the usual rent for your area, and the review dates.
Landowners’ consent is needed before TLTB grants a lease. Ask how it is recorded for your mataqali.
Under Fiji’s 2018 royalties law, minerals belong to the State, and landowners receive a share (80%) of the royalties. Check with TLTB or the Mineral Resources Department.

Check with: TLTB, 431 Victoria Parade, Suva · (679) 3312 733 · toll free 0800 3312 533 · info@tltb.com.fj · www.tltb.com.fj

Sources: TLTB (land statistics, 2026); iTaukei Land Trust (Leases and Licences) Regulations reg 6 via FAOLEX.

How land works

Samoa

Fanua

~80%

of land is customary land

Art 102

Constitution: no sale of customary land

30+30

max years for hotel or industry leases

Most land in Samoa is customary land, held by ʻāiga under their matai. Article 102 of the Constitution forbids selling or mortgaging it. It can be leased or licensed under the Leasing and Licensing of Customary Land Act 1965 (formerly the Alienation of Customary Land Act).

The Minister responsible for lands grants leases as trustee for the beneficial owners. Under section 4 of the Act, leases are limited to:

Hotel or industrial purposes: up to 30 years, plus up to 30 more on renewal.
Other purposes: up to 20 years, plus up to 20 more.

Leases are registered at the Land Registry in the Ministry of Natural Resources and Environment (MNRE). Disputes over customary land and titles go to the Land and Titles Court.

Check with: MNRE, TATTE Building, Apia · +685 67200 · info@mnre.gov.ws · www.mnre.gov.ws

Sources: Leasing and Licensing of Customary Land Act 1965 via Office of the Attorney General (PDF); Constitution of Samoa Art 102; customary share figure reported by RNZ, citing the Samoa Law Reform Commission.

How land works

Tonga

Fonua

No sale

Constitution: land cannot be sold

≤ 99 yrs

leases need Cabinet consent

every lease with the Minister of Lands

In Tonga, all land belongs to the Crown and is held as estates by nobles and as allotments (ʻapi) by Tongan men under the Land Act. Clause 104 of the Constitution says land cannot be sold. It can only be leased or mortgaged.

Leases need the consent of Cabinet for terms of up to 99 years, and the Privy Council for longer terms (Constitution clauses 105 and 114). Under clause 110, every lease must be registered with the Minister of Lands. Under section 19 of the Land Act, the Minister grants leases with Cabinet consent.

Before anything is signed, ask the Ministry of Lands whether a lease over your ʻapi or estate is allowed, and what rent is usual.
Disputes over land go to the Land Court.
Women’s and heirs’ rights under the Land Act are complex. Get advice on your family’s situation.

Check with: Ministry of Lands and Natural Resources, Vuna Road, Nukuʻalofa · +676 740 1301 · enquire@lands.gov.to · www.lands.gov.to

Sources: Constitution of Tonga cl 104, 105, 110, 114; Land Act s 19 via SPC PAFPNet.

How land works

French Polynesia

Fenua

Indivision

many families co-own land undivided

2017

specialist land court (tribunal foncier) opened

⅔ rule

heirs can start a sharing-out

In French Polynesia, most family land is private property that is often held in indivision: many heirs own it together, sometimes across many generations. This makes leasing, building and borrowing difficult, and can lead to disputes.

A tribunal foncier (land court) within the Tribunal de première instance de Papeete has handled these cases since 2017. It has one judge and two lay assessors who know local custom, with sessions in Raiatea and Nuku Hiva.

A 2019 law (loi n° 2019-786, art. 4) lets heirs holding at least two-thirds of an estate open for over 10 years ask a notary to prepare a sharing-out (partage). Others can object to the tribunal foncier. It applies to plans notified before 31 December 2028.

Check with: Direction des affaires foncières (DAF), Papeete · (689) 40 47 18 18 · free land consultations · service-public.pf/daf

Sources: Légifrance, loi 2019-786; justice.gouv.fr (TPI Papeete); DAF, service-public.pf.

How land works

Papua New Guinea

Land for our children

~97%

of land has been customary land

SABL

lease-leaseback, up to 99 years

ILG

incorporated land groups

Most land in PNG is customary land, held by clans under custom. It is commonly reported as about 97% of the country. The Department of Lands and Physical Planning (DLPP) handles State leases and registration.

Special Agriculture and Business Leases (SABLs): under the Land Act 1996 (ss 11 and 102), the State can lease customary land from owners and lease it back, for up to 99 years. Customary rights are suspended during the lease. A 2013 Commission of Inquiry looked at 75 SABLs covering about 5.2 million hectares, and found many were granted without proper landowner consent.

Clans can form an Incorporated Land Group (ILG) under the Land Groups Incorporation Act to hold and deal with land as a group. Check the current rules with DLPP.

Check with: DLPP, Eda Tano Haus, Waigani Drive · (+675) 301 3246 · dlpp.gov.pg. Free legal help: Public Solicitor · www.publicsolicitor.gov.pg

Sources: Land Act 1996; DLPP; SABL Commission of Inquiry Report 2013; ANU Press (customary land share).

How land works

Vanuatu

Our custom land

Art 73

land belongs to custom owners

75 yrs

maximum lease term

Consent

all custom owners must agree

Article 73 of the Constitution says: “All land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants.” Land cannot be sold, permanently, to non-citizens (Art 74 and 79), but it can be leased.

Under the Land Leases Act (Cap 163) s 32, the maximum lease term is 75 years. Since the 2013 land reforms (Land Reform (Amendment) Act No. 31 of 2013, ss 6F and 6J), a lease of custom land needs the consent of all custom owners, and negotiators need a certificate.

The Customary Land Management Office (CLMO) supports this process. Under the Custom Land Management Act 2013, owners are identified by their nakamal and custom area land tribunals.

Check with: CLMO, Pacific Business Centre, Nambatu, Port Vila · +678 27297 · clmo.gov.vu · and the Ministry of Lands · mol.gov.vu

Sources: Constitution of Vanuatu; Land Leases Act s 32 via FAOLEX; Land Reform (Amendment) Act 2013; Custom Land Management Act 2013 (CLMO).

Short notes

American Samoa & the Cook Islands

American Samoa

Native land is protected

Most land is communal native land under matai. Selling native land to people who are not of at least one-half Samoan blood is restricted (A.S.C.A. 37.0204). Leases of native land need the Governor's approval and are capped at 55 years, except for mining and timber (A.S.C.A. 37.0221).

Check with the Territorial Registrar and the Land and Titles Division of the High Court. Source: asbar.org.

Cook Islands

Leases up to 60 years

Native freehold land cannot be sold, but it can be leased for up to 60 years. Leases are agreed at a Meeting of Assembled Owners, approved by the Leases Approval Tribunal and confirmed by the High Court. Leases of 5 years or less don't need tribunal approval (Leases Restrictions Act 1976).

Check with the Ministry of Justice, Land Division: justice.gov.ck/lease.

For both places, we could not confirm current phone numbers for land offices, so we have not listed any. Please contact the offices through the websites above.

What grows here · 1 of 2

Crops and products with good demand

Many families already grow these. Better quality, processing and steady buyers can turn them into reliable income, with no lease needed.

Fiji, Vanuatu, Samoa, Tonga

Kava (yaqona, ʻava)

High value. Quality and drying matter, and buyers ask about variety and age. Kava export rules differ by country.

Tonga, PNG, Vanuatu, Tahiti

Vanilla

Needs hand pollination and careful curing. Small plots can earn well.

Everywhere

Coconut

Virgin coconut oil, copra, coir, sugar and water. Old palms can be replanted in stages.

PNG, Samoa, Vanuatu, Fiji

Cocoa

Fine-flavour cocoa sells for more. Fermenting and drying well is the key.

Samoa, Fiji, Tonga

Taro & root crops

Strong demand from families overseas. Frozen and processed taro can be exported.

Tahiti, Samoa, Cook Islands

Noni

Juice and powder. Buyers often ask for organic certification.

What grows here · 2 of 2

More crops and products

Everywhere

Breadfruit

Flour and chips are gluten free. A tree crop that keeps giving for decades.

PNG highlands

Coffee

Smallholder coffee is PNG’s heart. Talk to the Coffee Industry Corporation about quality and buyers.

French Polynesia

Black pearls

Pearl farming needs a licence and skills. Contact the marine resources office.

French Polynesia

Monoi

Monoi de Tahiti has a protected appellation of origin (since 1992). It is made from tiare flowers and coconut oil.

Before you plant: ask your agriculture office which crops suit your soil, island and climate, and which buyers are active. Planting a mix of crops spreads the risk from cyclones, pests and price drops.

Tree crops are a long game. Cocoa, coffee, breadfruit and coconut can take years to bear, but then they produce for decades, on land your family still owns.

Add value

Make it, brand it, sell it

Selling raw crops earns the least. Each step you add (drying, pressing, packing, a label with your village story) keeps more money in the family.

Value-added ideas

Coconut oil and soap, vanilla extract, cocoa nibs and chocolate, breadfruit flour, dried fruit, kava powder, tapa, mats and carvings.

Tell your story

“Grown on our family land in Savaiʻi” sells. Use a simple logo, photos of the land (not of people without permission) and honest labels.

Sell to the diaspora

Families overseas want home products. Use Facebook, Instagram, WhatsApp or a simple website, and relatives abroad as agents.

Start small, keep records

Test one product. Write down costs and sales. Grow once people come back for more.

Export and biosecurity: food, plants, seeds, wood and animal products need permits, and some are not allowed at all. Ask your home biosecurity office for an export certificate (contacts in Section 4). Check the rules of the buying country too: New Zealand (mpi.govt.nz), the United States (aphis.usda.gov) and Australia (Department of Agriculture’s BICON import database). Kava rules in particular change, so always check first.

Welcome guests

Homestays and cultural tourism

Visitors want what money can’t build: real village life, food from the umu, lovo or ahima’a, stories, weaving, fishing and church on Sunday.

Homestays & fale stays

A few simple rooms or fale, clean bathrooms, safe water and good food. Families can share the work and the income.

Experiences

Cooking classes, weaving, reef walks, guided hikes, planting a tree, or a day on the farm. These can be sold without building anything.

Licences & standards

Most countries need a licence, registration or declaration to host paying guests. See “Tourism or homestay” in Section 4.

Protect what is sacred

Agree as a family which places, stories and days are not for visitors. Write your village rules down for guests.

Keep control: you can work with a tour company without leasing your land, through a booking or commission agreement for a year or two. Review it before renewing.

If you do lease

Ask for a fairer lease

Shorter terms

Say 20 to 30 years with an option to renew on new terms, instead of 99 years at once.

Regular rent reviews

Every 3 to 5 years, linked to market value or the cost of living.

A share of the income

A small percentage of turnover or profit, as well as the base rent.

Jobs and training, in writing

Set numbers of jobs, apprenticeships or supply contracts for the family.

Consent for any transfer

No assignment or sublease without the owners’ written consent.

Return the land well

A plan and a bond (money held back) to clean up and restore the land.

Protect sacred places

Graves, churches, springs, reefs and tapu sites stay out of the lease.

Joint ventures

Owners put in the land as their share of a business and receive a share of the profits and a say in decisions. Get expert advice.

Stronger together

Co-ops and certification

Co-operatives

Families pool crops to sell in bigger amounts, share a dryer or a truck, and bargain for better prices. Many countries have a co-operatives office (see Section 4).

Producer groups

Even an informal group of farmers can share training, buyers and transport.

Organic certification

Many Pacific farms already use no chemicals. The Pacific Organic Standard and participatory guarantee systems (PGS) help small farmers get recognised. See POETCom.

Fair trade

Fairtrade certification can earn a better price and a premium for community projects. Usually done through a co-op. See fairtradeanz.org.

Example: in Samoa, Women in Business Development Inc. (WIBDI) works with village families on organic farming and fair trade, linking them to buyers. See womeninbusiness.ws.

Money to start

Grants, loans and support

Help changes often, so ask what is open now. Have a simple plan ready: what you will grow or make, how much it costs and who will buy it.

Development banks

National development banks lend to farmers and small businesses, often for longer terms (see Section 4).

Microfinance

Small loans for women and families, often in groups, e.g. SPBD in Samoa, Tonga, Fiji and Vanuatu.

Agriculture ministries

May offer seedlings, planting material, tools, training and extension officers.

Small business offices

Business training, mentoring and sometimes grants for small enterprises.

Regional programmes

SPC, Pacific Islands Trade & Invest, IFAD and FAO run programmes for farmers and exporters.

Church & community

Church groups, NGOs and the diaspora often fund village projects. Ask, and report back on results.

Careful with loans secured on land. If a loan is secured on a lease and isn’t repaid, the lender may take the lease. Get advice first.

Where to go for help