Technical article

What a Foreigner Can Own in Vanuatu, Tonga and Samoa

Could they buy a plot and own it outright?

By Neil Solomon · 4 min read

Picture a couple named Ruth and Carl. Both are 59. They have sold their house and fallen for the idea of a small place by the sea in the South Pacific. Their question is simple. Could they buy a plot and own it outright?

I read the law texts and ministry pages for Vanuatu, Tonga and Samoa. Some are copies hosted by a legal information site, not a government site, so I say so. Several gaps remain.

At a glance

Vanuatu

The Ministry of Lands page says the Government "cannot register or lease your land without you, your family and your community's consent". It says a lease to someone who is not Ni-Vanuatu needs prior Government permission. Leases over 3 years must be registered at the Land Registry in Port Vila.

The Land Reform Act (a PacLII copy) says agreements between non-indigenous persons and custom owners are void unless the Minister approves them and they are registered. A negotiator certificate is needed before talks with custom owners begin.

A 2025 amendment to the Land Leases Act changes "75 years" to "99 years" in subsection 32B(1). I only saw the amending text, so I cannot say which leases it covers.

Tonga

The Land Act says "All the land of the Kingdom is the property of the Crown." It voids an out-and-out sale of an allotment (s 6) and makes selling an offence, up to 10 years in prison (s 12). An alien needs a permit from the Minister of Lands to hold, reside on or occupy land (s 14). The Minister grants leases and permits with Cabinet consent (s 19(3)).

Two lease figures appear in the text I could read. Section 92 says Tongan leases "shall not exceed 50 years". Section 19(3) asks for the consent of His Majesty in Council where a period "exceeds 99 years". I do not know how the two fit together for a foreigner, and I do not pick. The copy I read was cut short before the later parts of the Act, and it has no clause that clearly lets a non-Tongan take a lease.

The Foreign Investment Act 2020 does not mention land. It says an overseas person's property "shall not be subject to expropriation or other adverse dealing" (s 40(2)). It also lists "reserved" activities for Tongans only, but the list is not among the sources.

Samoa

The Alienation of Freehold Land Act 1972 does not ban sales to outsiders. It asks for the Head of State's written consent for sales and transfers of freehold, for leases over 20 years, and for transfers of leaseholds with over 20 years left. Without consent, the deal "is deemed to be unlawful and has no effect" (s 6(4)). A "resident citizen" must have lived in Samoa at least 2½ years of the last 3 and plan to stay for good (s 2(2)). My summary of the text was unclear on exactly which buyers each rule reaches, so please read the Act itself.

What is left open

• Samoa's customary land rules. The page would not load.
• Any Vanuatu official page on foreigners owning freehold.
• Fees, processing times and approval rates in all three countries.
• Whether Tonga lets a foreigner take a lease, and for how long.

A lawyer in the country, and an accountant or lawyer who works with Americans abroad, could confirm what applies to a real plot.