Siwatibau & Sloan

Siwatibau and Sloan is a 4 partner law firm established in Suva, Fiji on 1 June 2005. The 4 Partners are:

• Atu Siwatibau - [email protected]
• Artika Prasad - [email protected]
• Aminiasi Vulaono - [email protected]
• James Sloan - [email protected]

The firm has a well balanced team of lawyers including:

Seini Tinaikoro, Senior Associate - [email protected]

Mary Muir, Senior Associate - [email protected]

Ana Tuiwawa, Associate - [email protected]

Emily Samuela, Associate - [email protected]

Together we are a leading commercial law firm involved in Fiji's legal and developmental landscape, with particular expertise in key areas crucial to the nation's sustainable future. Our work spans diverse sectors, contributing to significant projects, including telecommunications, but with a strong emphasis on the following practice areas:

• Renewable Energy: We regularly support the development of major renewable energy projects, encompassing hydro, solar, and wind power, supporting Fiji's transition to a sustainable energy future and have undertaken a review of Fiji's legislative framework to improve private sector investment in renewable energy projects for the International Renewable Energy Agency (IRENA)
• Intellectual Property: Our dedicated division, Pacific Island Intellectual Property Services (PIIPS), offers expert IP advice and services throughout the Pacific Islands and Asia-Pacific region, managing IP portfolios for major commercial entities and collaborating with international law firms to provide robust IP protection.
• Climate Change: We advise on projects related to climate change adaptation and mitigation, leveraging our understanding of international frameworks and local contexts to support effective climate action. This includes expertise in carbon credits and related market mechanisms.
• Oceans: Our work in ocean governance includes advising on marine spatial planning, fisheries, and sustainable resource use, recognizing the importance of healthy oceans for Fiji's economy and environment.
• Disaster Risk Management: We provide legal counsel on disaster risk management strategies, helping clients navigate the complex legal and regulatory landscape related to disaster preparedness and response.
• Maritime Security: We possess expertise in maritime security, advising on legal frameworks and international collaborations to enhance maritime safety and security.
• Central Banking: Our experience extends to advising on matters related to central banking and financial regulations, contributing to the stability and development of Fiji's financial sector.
• Carbon Credits: We advise on the development and implementation of carbon credit projects, that builds on our understanding of international carbon markets and local regulatory frameworks.
• Commercial Property Deals & Construction Law: We support infrastructure projects and large land and island sales, providing expert advice on commercial property transactions and construction law, ensuring smooth and legally sound project development.
• Environmental Law: Our expertise in environmental law is comprehensive, covering the Environment Management Act 2005 and its regulations. We advise major commercial clients on the World Bank Clean Development Mechanism process, EIA, environmental, and compliance issues, collaborating regularly with environmental consultants in Fiji.

We partner with prominent international organizations like the Asian Development Bank, the World Bank, UN agencies, and international governments. Our understanding of Fiji's dynamic governance, including international, regional, and national policy frameworks, allows us to provide timely and effective legal counsel. We proactively monitor policy updates and legislative changes, particularly in natural resource and environmental legislation.

We also undertake significant work in the region, particularly in relation to development projects across Pacific Island jurisdictions with a particular focus on: Vanuatu, PNG, Solomon Islands, Tonga, Niue, and Samoa.

What sets us apart:

We are committed to Fiji's national development and the empowerment of its people. Our lawyers possess in-depth knowledge of Fiji’s unique legal and governance context, including the interplay between common law and customary law and rights. This understanding, coupled with our knowledge of Fiji's governance systems, is crucial for successful project implementation. Our fluency in Fijian languages and cultural sensitivity enables us to provide invaluable advice at all levels—regional, national, and sub-national, including within traditional contexts.

We prioritize aligning common law with customary practices and knowledge, alongside formal government structures. We seek partners who prioritize context-specific implementation and sound local decision-making processes that respect and integrate traditional law and governance, empowering local communities.

We understand Fiji's unique challenges, including disasters, resource limitations, and overlapping government agency jurisdictions, tailoring our advice accordingly. Our experience spans diverse sectors, promoting equitable outcomes for Fiji's resource owners while ensuring good governance.

Our national-level advisory experience encompasses various areas, including those mentioned above. We are committed to capacity building, consultation, and collaborative approaches.

Our firm offers specialized expertise in land and resource ownership, provided by Ms. Artika Prasad and Ms. Seini Tinaikoro. We are proficient in Fiji's environmental and natural resource legal framework, advising major commercial clients on various environmental matters. Mr. James Sloan and Ms. Emily Samuela contribute significantly to environmental law and ocean governance.

Our dispute resolution expertise covers various disputes, focusing on culturally sensitive conflict resolution. Our litigation and dispute resolution team is led by Mr. Aminiasi Vulaono.

Our legal drafting expertise includes crafting clear, legally robust, and culturally appropriate documents. Our experience drafting and implementing legislation provides a comprehensive understanding of legislative processes.

We effectively navigate Fiji's regulatory processes, advising clients on a wide range of matters.

Our team members regularly provide pro bono advice and serve on non-profit boards. We have experience teaching law at USP (Seini Tinaikoro - land law; James Sloan - Law of the Sea and Oceans governance)

Siwatibau and Sloan is an active member of the global Advoc network of independent law firms - https://www.advoc.com/members/

Examples of recent renewable energy projects

• Review of electricity generation laws and policies and report on recommendations to enable the accelerated transition to renewable energy generation and private sector investment in this space - for International Renewable Energy Agency (IRENA)
• 42 MW Hydro electricity project on the main island in Fiji
• 2MW Hydro electricity project with a mini grid on one of the outer islands in Fiji
• 10 MW wind farm project on the main island in Fiji
• Weir raising project to increase catchment for the main hydro electricity dam in Fiji
• Agro Solar project on one of the outer islands in Fiji
• Review legislation and advise on establishment of EV Charging Stations in Fiji

Further information on our Pacific Islands Intellectual Property Services

PIIPS, the dedicated Intellectual Property team at Siwatibau and Sloan, offers comprehensive IP services throughout the South Pacific region. Our expertise encompasses a full spectrum of services, including:

• Trade Mark, Patent, and Design registration, renewal, searches, recordals, opposition, and enforcement proceedings.
• Copyright protection and enforcement.

Beyond these core services, PIIPS provides strategic legal advice and guidance, empowering clients to maximize the commercial benefits of their registered IP within the unique Pacific context. We regularly assist clients with rebranding initiatives across the Asia-Pacific region and offer general commercial IP counsel.

PIIPS has rapidly grown to become a leading IP service provider in the Pacific, expanding its reach in recent years to include the Asia-Pacific region and beyond, with established service capabilities in Australia, New Zealand, Singapore, Myanmar, and the United Kingdom. Our commitment to exceptional service delivery and competitive pricing has earned us a Band 1 ranking from Chambers and Partners, with specific recognition for our specialized IP services.

Recent Construction and major project work

• Construction of 30MW diesel power station
• Construction of 132kv Transmission lines, substation and switching station
• Electricity network augmentation project - construction of 4 substations
• Construction of 266 room resort
• Construction of integrated office development

Industry Legal Review and Regional experience

• Legislative review and recommendations for regulations for the implementation of Part 10 of the Climate Change Act, 2021 - carbon sequestration rights - ADB project
• Legal support and drafting of Fiji’s first national baseline maritime security assessment - engaged by United Nations Development Programme (UNDP)
• Detailed legal reviews for climate change adaption and carbon credits for 4 Pacific Island Countries - Fiji, Solomon Islands, Papua New Guinea and Vanuatu - engaged by The Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ)
• Review of Renewable Energy legislation, report and recommendations engaged by International Renewable Energy Agency (IRENA)
• Review of Mahogany Industry legislation, report and recommendations for Market Development Facility (MDF), Fiji
• Legal support for Vanuatu’s National Adaptation Plan via a project funded by the Global Green Growth Institute (CGGI) and implemented by GHD
• Legal support to ADB project on relocation of Suva Port including review of all relevant land, environmental and maritime laws
• Legal support to ADB project on review of quarry laws in Fiji
• World Bank project on Health Industry due diligence and Report re Privatisation of health services
• Legal support for Fiji’s roadmap to implement the Climate Change Act, 2021 - funded by ADB and contracted by Invoke Consulting Limited
• ILO Review of Labour Laws project
• World Bank survey on barriers to Services Trade and Investment
• Activity Design Project to improve labour conditions on fishing vessels fishing in the Western Pacific region - engaged by the New Zealand Ministry of Foreign Affairs and Trade
• Legal support to Forum Fisheries Agency (FFA) to design fisheries enforcement course for Pacific Island fisheries enforcement officers that taught via University of South Pacific (USP)
• Legal reviews and legal risk assessments for various Pacific Island Jurisdictions including but not limited to:
• Vanuatu
• Solomon Islands
• Papua New Guinea
• Samoa
• Kiribati
• Niue
• Tonga
• Tuvalu
• Nauru
• Marshall Islands
• Tokelau

Empowering Communities through Effective Governance

Our team is experienced at working alongside indigenous communities in Fiji to develop governance frameworks that respect traditional knowledge and practices. Led by Mr. Atu Siwatibau, our current work includes supporting the equitable and sustainable development of Fiji's mahogany sector, ensuring landowners receive a fair share of the benefits through their Trust structures. We also provide expert advice on community trusts in the Lau Seascape and appropriate trust structures for pearl farming in Vanua Levu.

Our specific expertise in this area includes:

• Mr. Atu Siwatibau: Mr. Siwatibau has extensive experience in community consultation and assisting communities in establishing Trust Deeds that reflect and build upon customary law and rights. His work includes remote locations such as Vanua Levu and the Lau group, where he has helped establish governance structures for the protection and sustainable management of natural resources.

• Ms. Ana Tuiwawa: Ms. Tuiwawa has provided legal counsel to numerous leading NGOs on incorporating as Trusts under Fijian law. She has advised a range of local non-profit and non-governmental organizations on their legal standing and ongoing compliance requirements.

• Ms. Seini Tinaikoro: Ms. Tinaikoro's expertise encompasses the establishment and registration of Trusts, with a particular focus on community-based structures. She also serves as a Trustee for one such Trust, providing her with invaluable practical experience.

• Ms. Emily Samuela: Ms. Samuela has provided support to numerous NGO projects, including the World Wildlife Fund's (WWF) significant Fisheries Transparency initiative.

• Mr James Sloan : Mr. Sloan possesses extensive experience collaborating with diverse donors and NGOs in Fiji, advocating for the recognition and integration of Fiji's dual governance system and customary rights within the Fijian qoliqoli (traditional fishing grounds). He is a recognized expert in this area and is the co-author of "An Analysis of Property Rights in the Fijian Qoliqoli ," published in Marine PolicyVolume 72 , October 2016, Pages 76-81 https://www.sciencedirect.com/science/article/abs/pii/S0308597X16300847

Our team possesses cultural competency in Fijian culture, language, and traditional governance structures, ensuring the delivery of culturally appropriate legal solutions and decision-making processes. Our expertise in Fiji's national and sub-national governance systems, including the interplay between government agencies and traditional governance, forms a strong foundation for a range of services related to land and resource management. These include:

• Reviewing and providing legal opinions on native and crown lease terms and conditions.
• Presenting information on traditional ownership structures and governance to NGOs and government agencies.
• Reviewing land issues and advising on land rentals and leases.
• Providing guidance and support for other aspects of project implementation.