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Lautoka City Council

Lautoka City Council keeps the city clean, safe, and growing. We support better services, planning, and community development.

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From Left: Mr. Sairusi (Head of Finance) and Ms. Swastika
From Left: Ms. Swastika and Mrs. Karishma

Legal Department

The Legal Department of Lautoka City Council comprises an in-house Legal Team responsible for providing professional, timely, effective and reliable legal services to the Council and its respective departments.

The Legal Team provides legal and legislative support to ensure that the Council carries out its statutory functions in accordance with applicable legislation, subsidiary legislation, by-laws, policies and other legal requirements. The Team also advises management and Council on legal matters affecting the administration, operations, regulatory functions and interests of the Council.

The Legal Team’s functions are undertaken pursuant to the Local Government Act 1972 and other relevant legislation governing the functions and responsibilities of local authorities in Fiji.

The Council and its departments operate within the framework of various Acts, regulations, subsidiary legislation, by-laws and planning instruments, including:

  • Local Government Act 1972, including subsidiary legislation and Council by-laws.
  • Town Planning Act 1978.
  • Town Planning Scheme General Provisions.
  • Lautoka Subdivision of Land By-Laws 1944.
  • Public Health Act 1935.
  • Food Safety Act 2003.
  • Food Safety Regulations 2009.
  • Litter Act 2009.
  • Tobacco Control Act 2010.
  • Tobacco Control Regulations 2012.
  • Land Transport Act and applicable subsidiary legislation.

The Legal Team also monitors legislative developments and provides advice to management and relevant departments on changes to legislation that may affect Council operations.

The Legal Department provides a broad range of legal services to the Council, including the following:

  • Civil and Criminal Litigation;
  • Conducting and managing civil and criminal litigation involving or instituted by the Council.
  • Representing the Council in court proceedings and other legal forums.
  • Preparing pleadings, affidavits, submissions, notices and other legal documents.
  • Advising relevant Council departments on litigation and enforcement matters.
  • Regulatory and Enforcement Matters;

The Legal Team assists the Council in initiating and managing legal proceedings arising from breaches of legislation, regulations and Council by-laws, including:

  • Recovery of outstanding city rates and other Council debts.
  • Littering offences and enforcement under applicable legislation.
  • Tobacco control and related enforcement matters.
  • Operation of food establishments without the requisite health or operating licences.
  • Public health and environmental nuisances.
  • Unauthorized or unlawful open fires.
  • Mosquito breeding and associated public health concerns.
  • Overgrown grass and failure to maintain properties.
  • Animal and poultry nuisances.
  • Illegal or unauthorized developments.
  • Use of residential properties or lots in a non-conforming or unauthorized manner.
  • Traffic and other regulatory matters falling within the Council's statutory functions.
  • Court and Tribunal Representation;

The Legal Team represents and protects the interests of the Council in legal proceedings before the courts and other relevant adjudicatory bodies.

This includes representing the Council in:

  • Civil and criminal proceedings.
  • Regulatory enforcement proceedings.
  • Employment and industrial relations matters.
  • Mediation proceedings.
  • Employment Relations Tribunal proceedings.
  • Human Resources and Employment Relations;

The Legal Team provides legal assistance and representation to management and Human Resources in relation to employment and industrial relations matters, including disciplinary proceedings, employment disputes, mediation and proceedings before the Employment Relations Tribunal and other relevant forums.

  • Legal Drafting and Contractual Services;

The Legal Team is responsible for preparing, reviewing and advising on legal documentation, including:

  • Contracts and agreements.
  • Notices and statutory correspondence.
  • Legal instruments.
  • Memoranda and legal opinions.
  • Settlement agreements.
  • Undertakings.
  • Other documents required for the lawful conduct of Council business.
  • Legal Advice to Council and Management;

The Legal Team provides professional legal advice to the Council, Chief Executive Officer, management and relevant departments on matters including:

  • Interpretation and application of legislation.
  • Statutory powers and obligations.
  • Regulatory enforcement.
  • Contracts and commercial arrangements.
  • Employment and industrial relations.
  • Planning and development matters.
  • Public health and environmental matters.
  • Governance and administrative law.
  • Other legal matters affecting the Council.
  • Legislative and Policy Support;

The Legal Department assists management in maintaining the Council’s legal and regulatory framework by:

  • Monitoring and providing updates on legislative amendments and new legislation.
  • Advising departments on legislative compliance.
  • Reviewing Council policies from a legal and regulatory perspective.
  • Assisting with the development and review of by-laws and regulatory instruments.
  • Identifying legal risks arising from Council operations.
  • Providing recommendations to management to strengthen legal compliance and enforcement procedures.
  • Role in Council Enforcement;

The Legal Team works closely with the relevant Council departments to ensure that breaches of legislation, regulations and by-laws are addressed through appropriate enforcement mechanisms.

The Team supports the enforcement process by providing legal guidance, preparing statutory and legal notices, advising on evidential requirements, instituting proceedings where appropriate, and representing the Council before the relevant courts and tribunals.

  • Commitment to Professional Legal Services;

The Legal Department is committed to providing timely, effective, professional and practical legal services that protect the interests of Lautoka City Council and support the Council in fulfilling its statutory responsibilities.

The Legal Team works collaboratively with all Council departments to promote:

  • Legal compliance.
  • Effective regulatory enforcement.
  • Protection of Council assets and interests.
  • Sound governance and decision-making.
  • Proper administration of Council functions.
  • Effective management of legal risks.

Through these functions, the Legal Department contributes to ensuring that the Council’s activities are undertaken lawfully, efficiently and in accordance with the applicable legislative and regulatory framework.

City Department

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