Partitioning land in the Cook Islands is both a practical and meaningful process, offering a unique opportunity to align traditional land rights with modern economic and social needs. This method involves dividing land into small portions, defining new boundaries, and deciding who can own or use the land among family members. While the process can be complex, it holds great potential to make the best use of land and support both family and community wealth, writes Natalie Tikitau.

By carefully considering customary values, family dynamics and legal frameworks, partitioning can provide a pathway to balance ancestral heritage with landowners’ current needs. With guidance of knowledgeable partners and a focus on cultural and environmental preservation, this process can empower landowners to protect their heritage, foster community prosperity, and create lasting benefits for future generations, such as:

Clearer Ownership and Property Rights

By formally recognizing land rights and interests, landowners can more easily manage disputes, clarify responsibilities, and ensure that the land remains within the ownership of the community or family.

Facilitating Development and Economic Opportunities

Landowners can generate income from leasing or selling a portion of their land while retaining ownership of other portions. This may be especially valuable if land values are increasing or if there are economic opportunities for development, such as tourism, agriculture, or infrastructure projects.

Partitioned land by landowners can be for lease or development purposes. It can provide economic benefits through rent or profit-sharing from commercial activities. These benefits can reinvest back to the community, supporting education, health, or other communal needs. It may also provide access to more investment and finance options for development by families.

Securing Long-Term Benefits through Leases

A lease agreement formalizes the use of the land by another party (such as a developer, farmer, or business) for a specified time. Provided the leasing terms respect traditional values landowners can receive regular income from leasing out land, especially if the land is in areas with high commercial or development potential (e.g., beachfront property for tourism, agricultural land, etc.)

Reduced Risk of Land Disputes

The Land Court and the Property Law Act 2007 provide a formal mechanism for resolving disputes related to land ownership, boundaries, and use rights. By having land formally partitioned, landowners can reduce the risk of legal disputes with other family members, community members, or external parties.

Generational Wealth and Legacy

Partitioning can help safeguard long-term use of land for future generations. Protecting and clarifying usage rights can prevent external parties from making claims on land, ensuring that future generations benefit from the land as their ancestors did. This may also preserve the cultural and communal significance of the land. Additionally, landowners can arrange for the equitable division of land among heirs, which may reduce familial conflict and support long-term communal ownership.

Preservation of Cultural and Environmental Values

Partitioning with leasing may also provide more structured management, ensuring that the land is used in ways that respect cultural values, traditions, and sustainable practices. This can help balance development with environmental and cultural preservation. For example, if family lease customary land for tourism or conservation, they can ensure its use in accordance with traditional beliefs and environmental protections.

Conclusion

Partitioning of land is not for every situation and there are other ways landowners may work with customary and traditional land rights to optimise their position and obtain the best and highest land use available. While Jeff Tikitau Elite Management does not provide legal advice, the team at JT Elite Management collaborates closely with landowners and lawyers for all types of property solutions. Join us in protecting our cultural heritage while fostering sustainable land-use solutions that honour customary values and shape a prosperous future for generations to come.