Opposition Member of Parliament, Niko Nawaikula. [File photo]

Opposition Member of Parliament, Niko Nawaikula claims the individual rights of iTaukei landowners have been breached under Bill 17.

This was part of the SODELPA MP’s argument who claims the breach occurred when amendments to the iTaukei Land Trust Act were passed in parliament.

Nawaikula appeared before Chief Justice Kamal Kumar seeking a Constitutional redress against Bill 17, claiming landowners were not consulted by the government and the iTLTB before the amendment was put before Parliament.

He also claims the changes breach provisions of the 2013 Constitution, the iTaukei Lands Trust Act 1940, and the International Labour Organisation Convention on Indigenous and Tribal Peoples.

Nawaikula is seeking a High Court declaration that the amendments to the iTaukei Land Trust Act and the initial Bill are invalid, unlawful, unconstitutional, and a breach of landowners’ rights.

State lawyers have sought time to file their response and to consider a strike out application.

The iTLTB has also opposed the application for Constitutional redress and sought time to file their response.

The matter will be called on the 16th of November.