COMMISSIONER OF LANDS WELCOMES OUTCOME
OF HIGH COURT DELIBERATIONS

The Commissioner of Lands Alan McNeil warmly welcomes the outcome of applications made in the High Court in relation to Orders given by the Court ex tempore on 8 April 2025 relating to the forfeiture and compulsory acquisition of Levers Solomons Limited’s Fixed Term Estates in Guadalcanal Province.

“Ex tempore” means Levers convinced the Court that it was such an emergency to stop the Commissioner from publishing notices about Levers land, that it sought and obtained Orders to stop him without even giving the Commissioner notice of their application or notice of the hearing. Those Orders the company obtained had sought to place restrictions on the Commissioner’s right to inform the public about the land, including prohibiting and restraining the Commissioner under threat of a fine or imprisonment. The Commissioner published a further notice informing the public about a public meeting to discuss Levers land, which contained some of the same wording as the earlier notice. Levers immediately responded with an application for contempt of court against the Commissioner.

At the same time, the Attorney General representing the Commissioner applied to the court to stay or set aside the orders. The High Court was initially made aware of the applications on Monday 14 April, but was unable to deal with the applications that day. Eventually they were handed to the Honourable Chief Justice to consider, which he did on Wednesday 16 April 2025.

The Honourable Chief Justice asked both sides if they’d had a chance to discuss the matter between them, potentially with a view to sorting the matter out between themselves. Both parties agreed to be given that chance, so the Honourable Chief Justice gave them half an hour to discuss. The parties eventually arrived at a negotiated agreement, which would be prepared in the form of Consent Orders for his Lordship to sign. The agreed actions are:

• Interim Orders given ex tempore against the Commissioner of Lands dated 8 April will be set aside.
• Levers application for contempt of court against the Commissioner will be dismissed.
• No order as to costs.
• Commissioner’s application to set aside the orders will be dismissed.
• Commissioner may continue to give public notices and hold public meetings explaining the undeniable facts of the forfeiture and compulsory acquisition of Levers Fixed Term Estates and the ongoing claims by Levers that are still before the court, and he can invite information from the public about dealings over the land, but he cannot now state his opinions about the implications of the current land status, for example he cannot now discourage people from entering into dealings or land sales initiated by Levers Directors.
• The other substantive matters remain listed for hearing on 30 May, and although the Honourable Chief Justice is not in carriage of these claims, he urged both parties to proceed quickly with them as they have been outstanding for a long time.

Speaking to the media afterwards outside the court, Commissioner McNeil explained what had been agreed, and said he was happy with the outcome. He said it had been a very stressful time for him and his family, and he thanked the many people who had contacted him over the last few days to offer their support and prayers, including Land Board members, Ministry of Lands officers, and Guadalcanal Provincial Government. He praised his legal team including the Honourable Attorney General and Crown Counsels Pitry and Fakarii and other support staff. The Commissioner said the High Court claims relating to the forfeitures and compulsory acquisitions continue in the High Court, and that he would like to see these dealt with sooner rather than later. Asked by the media if he would go ahead with a public meeting, the Commissioner said he would, but that he would need to consult with the Land Board and Guadalcanal Province first to set a new date for the meeting.

While both sides gave concessions to arrive at an agreed position, the Commissioner views the outcome as a win for the government, as the contempt application and threat of fine and imprisonment have now gone, and the Commissioner is free to continue to advise the public about the ongoing matters affecting Levers land in Guadalcanal Province and pursue an outcome to the claims still pending before the court.

Meanwhile, Commissioner McNeil has with undeniable fact instructed his officers not to sign consents for the transfer of any of Levers Fixed Term Estates in Guadalcanal Province, and with undeniable fact applied to the Registrar of Titles to place a caveat on Levers Fixed Term Estates until such time as there is an outcome to the High Court claims.

Ends///.