Fiji – COVID-19 Update

Introduction 1. On 21 June 2020, the Hon. Prime Minister announced a range of new COVID19 related measures. These included the easing of restrictions and introduced “Phase 2” of Fiji’s COVID Safe Economic Recovery Framework. Fiji’s COVID Safe Economic Recovery Framework 2. This framework can be found at the Ministry of Commerce, Trade, Tourism and… Read more »

Fiji – Contracts and The Coronavirus

Introduction COVID-19 has hit hard and unexpectedly, drastically reducing our mobility and economic activity. Many of our businesses are built on key contracts with customers and suppliers. Some of these contracts cross national borders. What happens to contracts in a pandemic? Fiji’s economic response to this crisis is likely to be slower and weaker than… Read more »

Corona and Fiji Employers – Get the Law Right

Introduction Few employment laws, including Fiji’s Employment Relations Act 2007 (ERA), could foresee the COVID-19 crisis. Fiji employers, beginning with the flattened tourism industry, have had to move fast to conserve cash, including pay cuts and temporary layoffs. Now comes the paperwork. What’s legal? And how should these urgent arrangements be kept within the law?… Read more »

Change to Exchange Control Limits

Introduction 1. The Reserve Bank of Fiji (RBF) regulates external currency movements under the Exchange Control Act 1950. Thus RBF consent is needed for all external remittances over trading bank delegated limits, including capital and dividend repatriation. 2. As of 2 April 2020, due to the continuing adverse impact of COVID19 on the Fiji economy,… Read more »

Your friendly February Solvency Resolution Reminder

Attention company directors and secretaries: Under the Companies Act 2015 every Fiji company must pass an annual solvency resolution (or a different form of resolution if you do not consider the company to be solvent on the usual tests). This must be done within two months of a company’s financial year-end. For those companies who… Read more »

Companies and business name re-registration – ready, steady, go!

Time-frame for re-registrations 1. In our 15 July 2019 alert we advised of pending company and business name re-registration requirements. Re-registration starts on Wednesday, 15 January 2020 and: companies (including foreign companies) must be re-registered by 15 July 2020 business names must be re-registered by 15 October 2020. New companies and businesses can relax 2…. Read more »

PPSA – the transition period ends soon!

Introduction Earlier this year, we issued a legal alert on the Personal Property Securities Act 2017 (PPSA) available at Under the PPSA, 180 days was provided to secured parties to register “prior transactions” on the Personal Properties Securities Registry (PPSR). Prior transactions mean those concluded before 31 May 2019 (the date that the Act… Read more »

Companies and business name owners – re-registration is coming

Introduction 1. Most companies and business name owners will soon be required to re-register at the Companies Office[1]. Official sources expect this measure to be announced in the fourth quarter of this year. Companies and businesses which do not re-register will apparently be de-registered altogether. 2. These requirements, part of the Companies (Budget Amendment) Act… Read more »

The PPSA is here

Introduction A new law comes into effect on 31 May 2019 that will affect nearly everybody who lends borrows leases vehicles and equipment supplies goods on credit. The Personal Property Securities Act 2017 (PPSA) was passed by Parliament two years ago. In a Gazette dated 30 April, Government announced that it would become effective on… Read more »

The Companies Act 2015 – Solvency Resolution Reminder

Introduction The Companies Act 2015 requires directors of companies to pass an annual solvency resolution[1]. A solvency resolution is defined in the Act[2] as a resolution by the directors of the company as to whether or not, in their opinion, there are reasonable grounds to believe the company will be able to pay its debts… Read more »

16 Days of Activism Report

Welcome to our 1st 16 Days of Activism Against Violence Against Women Campaign Community Education Programme Summary Report, which you can access through this link here. In the Summary our Public Issues Lawyer (PIL), Liliwaimanu Vuiyasawa gives you a snapshot of her journey through the 16 Days of Activism period. Thank you very much for… Read more »

FRCS grows more teeth

New changes to penalty provisions are now even more challenging Introduction 1. National Budgets come and go. Most of us focus on changes in taxation or duty rates, new taxes or new tax breaks. But Budget changes also include administrative changes in laws. Those changes may have serious consequences for taxpayers. The most recent Budget… Read more »

Employment Relations (Budget Amendment) Act 2018

Introduction 1. In the 2018-2019 National Budget, the Government announced new leave entitlements which affect all employers and workers in Fiji. The new entitlements have been approved by Parliament in the Employment Relations (Budget Amendment) Act 2018 (“2018 Act”). 2. The 2018 Act amends the Employment Relations Act 2007 (“Act”) and introduces: (a) 5 days’… Read more »


In our 22 July 2016 alert we referred to the intention of the Government of Fiji to enact Regulations to govern offences, penalties and extensions of time on the construction deadline of 31 December 2016. These Regulations have now been issued (including, at the back of the Regulations, the six-page application form to be used… Read more »

Changes to Land Sales Act allow non-residents to apply to extend December deadline for building on residential land

Introduction 1. Earlier this month the Fiji Parliament enacted the Land Sales (Budget Amendment) Act 2016 (“Amendment Act”). The Amendment Act is aimed at non-resident owners of Fiji land caught by the 2014 law changes. They will now be able to apply for additional time beyond the existing December 2016 deadline to complete building on… Read more »

Employment taxation incentives

1. Introduction The Minister of Finance presented the 2016-17 National Budget to Parliament on Wednesday 23 June 2016 and introduced a number of budget amendment bills to the House. These bills were debated and enacted by Parliament on Friday 8 July 2016. 2. Employment The 2016-17 Budget is designed to focus on rehabilitation of public… Read more »

The Companies Act – Annual Registration Fees

Introduction The Companies Act 2015 requires a company to pay prescribed annual registration fees to the Registrar of Companies within 28 days of the anniversary of its registration date. This means, for example, that if a company (including a company formed before 2016) was registered on 1 April, registration fees must be paid not later… Read more »

Fair Reporting of Credit Act 2016

The Fair Reporting of Credit Bill, No 27 of 2016 was passed under urgency by the Fiji Parliament on Wednesday 27 April 2016. The Bill is expected to be enacted shortly and published in the Fiji Government Gazette. On commencement of the Fair Reporting of Credit Act, (on a date to be appointed by the… Read more »

Law firm offers a helping hand

       SUVA law firm Munro Leys decided to help the families of its workers who had been affected by Severe Tropical Cyclone Winston by providing stationery and food packs to villages on Ovalau. Read more.      

Changes to the law for employees of “essential industries” Employment Relations Promulgation (Amendment) Act 2015

Introduction 1. A new Employment Relations Promulgation (Amendment) Act 2015 has been passed by the Fiji Parliament and published in the Gazette. It came into effect on 11 September 2015. 2. The Amendment Act makes a few changes to the Employment Relations Promulgation 2007 (“ERP”) which apply generally, but its main purpose is to repeal… Read more »

Income Tax Bill – No 22 of 2015

The Income Tax Bill is now in circulation, intended to repeal Fiji’s 41-year old Income Tax Act. It is understood that it will be debated in the November 2015 Parliamentary session with a view to it taking effect on 1 January 2016. That is less than four months away for those persons with year-ends which… Read more »

Workmen’s Compensation Amendments

Attached is a copy of the Workmen’s Compensation (Amendment) Act 2015 which was tabled, debated and passed by Parliament all on the same day – 8 July 2015. It came into force on 17 July 2015, the date it was officially published in the Gazette. Under the Workmen’s Compensation Act, an employer is liable to pay… Read more »

The New Government Regulations on Wages

Introduction 1. A number of Regulations governing wages (including the new National Minimum Wage) have just been published in the Gazette and were stated to come into effect, on 1 July 2015. We have some doubt about their validity. The uncertainty arising from these issues has the potential to be bad for everybody – employers,… Read more »

New Employment Relations Regulations 2015

LN 51 of 2015 – Employment Relations (National Minimum Wage) Regulations 2015 LN 52 of 2015 – Wages (Building and Civil and Electrical Engineering Trades) Regulations 2015 LN 53 of 2015 – Wages (Hotel and Catering Trades) Regulations 2015 LN 54 of 2015 – Wages (Manufacturing Industry) Regulations 2015 LN 55 of 2015 – Wages… Read more »

Fiji Immigration policy changes – short-term work permits

Introduction 1. People intending to work in Fiji have previously been able to apply for and obtain a Short Term (Work) Permit (STP) (enabling them to work for up to six months) while in Fiji on a four-month tourist visa.  As of 15 December 2014, the Fiji Immigration Department has advised us that this policy no… Read more »

Land Sales (Amendment) Act 2014

Introduction  1. On 27 November 2014 we issued a Legal Alert on proposed amendments to the Land Sales Act in Bill No. 13 of 2014. This bill was withdrawn after a strong public reaction. However Bill No. 28 of 2014 (now Act No. 16 of 2014) was then enacted, with virtually no parliamentary debate and… Read more »

Employment Law Update

Introduction 1. On 11 December 2014, among other Bills, the following Acts were enacted to amend employment related legislation: (a)Fringe Benefit Tax (Budget Amendment) Act No. 6 of 2014. (b)Stamp Duties (Budget Amendment) Act No. 12 of 2014. (c)Fiji National Provident Fund (Amendment Act) Act No. 13 of 2014. Copies of the Acts which commence on 1 January 2015 are… Read more »

Amendments to stamp duty rates

Introduction 1. The 2013 National Budget Address on 22 November 2012 announced a review of stamp duty rates. These changes (and others not announced) have now been enacted in the Stamp Duty (Amendment) Decree 2012, No 84 of 2012. 2. Some of the changes arising from the amendment were not foreshadowed, are somewhat surprising and… Read more »

Notice of Wages Regulation Proposals

Introduction This Alert summarises the proposed Wages Regulation Orders (WROs) gazetted on 29 June 2012 (Proposals) pursuant to the Employment Relations Promulgation 2007 (ERP). The ERP requires the relevant wages councils to publish notice of the Proposals stating: (a)   the place where copies of the proposal may be obtained (b)   the period within which written representations on… Read more »

Industry Emblem Decree 2011 Alert

Introduction 1. The Government has issued a new Industry Emblem Decree 2011(Decree) to allow manufacturers and growers of Fiji goods to promote those goods under a branded “Fijian made” or “Fijian grown” emblem. Use of the emblem is not compulsory but those who wish to use it must meet certain requirements set by the Decree…. Read more »

Capital Gains Tax Decree 2011

Introduction 1. Capital Gains Tax (CGT) now applies in Fiji. The Capital Gains Tax Decree 2011(Decree) was published on 16 May 2011 and its effect is backdated to 1 May 2011. Those parts of the Land Sales Act taxing profits on land sales have been repealed. 2. The Decree imposes CGT at the rate of 10% on capital gains on… Read more »

Tax Administration (Amendment) Decree 2010

MORE TAX BUREAUCRACY (for banks and all of us) Introduction 1. The government has now issued the Tax Administration (Amendment) Decree 2010(Amendment Decree). 2. The Amendment Decree was issued in the Gazette of 26 October 2010. It has apparently been in force since 15 August meaning that some people may have been in breach of a law… Read more »

Proposed Health and Safety at Work (Plant) Regulations 2010

(new regulatory process for plant safety; new categories of plant included) Introduction 1. The government last month released draft Health and Safety at Work (Plant) Regulations (Regulations) to certain industry stakeholders for comment. The new draft law appears to have had only limited circulation with a short time for feedback, now (officially) expired. 2. The… Read more »

Commerce Commission Decree 2010

(Mostly the same, more confusing, less to challenge) Introduction 1. On 24 September 2010 the government published the Commerce Commission Decree 2010[1] (Decree). It is stated to have come into force on 1 July 2010. What the Decree does (?) 2. The Decree intends to replace and consolidate the Counter-Inflation Act (Cap. 73), Fair Trading Decree 1992… Read more »

New York Convention Local

Fiji has signed the 1958 Convention on the Recognition of Foreign Arbitral Awards. Arbitration awards in Fiji may now be directly enforced in Convention countries, and vice versa. Introduction 1. On 25 September 2010, Fiji signed the 1958 Convention on the Recognition of Foreign Arbitral Awards (New York Convention). The Convention has 142 State parties,… Read more »

New York Convention International

Fiji has ratified the 1958 Convention on the Recognition of Foreign Arbitral Awards. Arbitration awards in Convention countries may now be directly enforced in Fiji, and vice versa. Introduction 1. On 27 September 2010, Fiji ratified the 1958 Convention on the Recognition of Foreign Arbitral Awards (New York Convention). The Convention enters into force in… Read more »

Environment Management Non Compliance Inspections

Introduction 1. The Environment Management (Waste Disposal & Recycling) Regulations 2007 (“the Legislation”) require all industrial and commercial facilities to have a waste permit (unless exempted). [See previous legal alert on Munro Leys website] 2. The Department of Environment (“DOE”) is currently conducting a series of site visits to all commercial and industrial facilities in… Read more »