Land and Custom: Samoa's Debate on Development

In Samoa, land is not just property. It is heritage, identity, and a spiritual trust. About 80 percent of land is customary, held by families under the authority of village councils and protected from sale by the Constitution, according to Pacific Security College. The remainder is freehold and public land.

Customary land in Samoa: At a glance

• About 80 percent of land is customary, not for sale

• Leasing is permitted under statute; family consent and process are key

• Reforms in 2020 created a parallel Lands and Titles Court structure

• In February 2025, Parliament voted to reunify the court structure

• Common flashpoints: consent disputes, village authority, and oversight

  
  

Customary land and leasing

Customary land cannot be sold. It can be leased or licensed under statute, a framework in place since the Alienation of Customary Land Act 1965. Leasing has been promoted as a way to support development while keeping ownership within the aiga. Supporters say it can finance infrastructure and jobs, while critics caution that without strong safeguards, leasing may sideline extended families and weaken village governance.

Lessons from the Courts

Return to Paradise Resort (Matautu Lefaga, 2018–2019). The Supreme Court upheld the validity of the resort’s customary land lease after earlier cancellations by the Lands and Titles Court and its Appellate Court. The ruling confirmed that once a lease has valid family consent and ministerial approval, it cannot be revoked by the LTC. RNZ Pacific reported that the resort had invested about US $3 million in infrastructure, and the decision reinforced the security of properly executed customary land leases.

Samoa Coconut Beach Resort (Siumu, 2020). The Lands and Titles Court discontinued the renewal of this resort lease following a long-running dispute among heirs. Several family members petitioned the court, arguing their consent had not been given for the original 1989 lease. The court ruled that renewal could not proceed until all heirs reached agreement, a decision reported by RNZ Pacific and the Fiji Times.

Courts and reform

The Lands and Titles Court (LTC) hears disputes about customary land and matai titles. In 2020, Parliament passed a three-law package that created a parallel LTC structure with limited Supreme Court oversight. In February 2025, Parliament passed a constitutional amendment to reunify the court structure by unwinding elements of the 2020 reforms. The vote was 36 to 16, including the Speaker’s vote. Implementation began in May 2025, with the Ministry of Justice already testing aspects in court.

Village authority

Village fonos retain central roles in local order and land stewardship. The Village Fono Act 1990, updated in 2017, recognises village authority while setting statutory limits. Current debates focus on aligning village decisions with constitutional rights and national policy.

Urbanisation pressures

Migration to Apia and Savai‘i for study and work keeps demand high for housing and services in urban centres. While Samoa remains largely rural, the World Bank estimates the urban population share at around 17–18 percent, and changing only slowly. This shift shapes how families maintain and use customary land in rural districts.

The practical test

For now, the test is practical: who is present when leases are negotiated, what consent is recorded in writing, how benefits are shared among families, and which forum hears appeals when disputes arise.

References

• Legislation: Alienation of Customary Land Act 1965 and later amendments; Land and Titles Act 2020; Constitution Amendment Act 2020; Judicature Act 2020; Constitutional Amendment Act 2025; Village Fono Act 1990 and 2017 amendment.

• Court reporting: RNZ Pacific; Samoa Observer; Fiji Times; Talamua.

• Policy & data sources: Pacific Security College; Lowy Institute; ConstitutionNet; World Bank datasets.