A costly mistake by Tonga’s Ministry of Lands has been resolved after the Land Court ruled on January 21 that Kiva Kaufusi, a New Zealand-based vehicle inspector, was wrongfully deprived of part of his town allotment in ‘Utungake, Vava’u.
The dispute centered on a 2-pole section of land mistakenly included in a lease granted to Kaufusi’s neighbor, Andrew Clarke, by the Minister of Lands. Justice Tupou found the error stemmed from the ministry’s oversight of Kaufusi’s original application to extend his allotment, submitted as early as 2003.
“The mistake giving rise to this proceeding was the Minister’s alone,” the judge stated in the ruling, highlighting a failure to consider critical sketch maps and documents that supported Kaufusi’s claim.
Despite Kaufusi diligently following procedures and obtaining consent from estate holder Lord Tuita, the ministry’s record-keeping and communication errors resulted in years of delays.
Evidence presented in court showed that staff had assisted Kaufusi but later misplaced his application.
The court ordered the Minister to issue Kaufusi a new Deed of Grant reflecting his rightful ownership, adjust Clarke’s lease, and cover Kaufusi’s legal costs.
The case highlights the consequences of administrative mismanagement, with Justice Tupou noting, “A simple application can create extreme consequences for all involved.”