Overview
Fiji sits at the intersection of major Pacific air-transport corridors. The country hosts the regional flag carrier Fiji Airways, two international airports (Nadi and Nausori), several regional airports, an active charter and helicopter sector, and the regulatory infrastructure to support aircraft registration, financing and operations to international standards. For an island economy, aviation is not a sector — it is critical national infrastructure, and the legal work that supports it is correspondingly varied.
Our aviation practice covers the full range of legal work in the sector — aircraft acquisitions, financings, leasings, registrations and deregistrations, regulatory engagement with the Civil Aviation Authority of Fiji, accident and liability matters under the Montreal Convention framework, employment for pilots and engineers, and the contractual machinery of airline operations, ground-handling concessions and aviation-services arrangements.
We act for airlines, lessors, financiers, charter operators, ground-handling agents, airport operators and the regulatory bodies that oversee the sector. The practice draws on our banking-and-finance capability for aircraft financings, our commercial group for operating contracts, and our litigation team for the disputes and regulatory matters that arise in the sector.
The regulatory framework
Fiji's civil aviation framework is administered by the Civil Aviation Authority of Fiji (CAAF) under the Civil Aviation Act and the related regulations. CAAF is responsible for the safety regulation of aircraft and operators, certification of pilots and engineers, the airworthiness regime, air-services licensing, and the supervision of the Fijian aircraft register.
The framework is broadly consistent with ICAO standards. Fiji is a member of the International Civil Aviation Organization and has ratified the principal international conventions governing carriage by air — including the Montreal Convention 1999 on liability for international carriage. Fiji is a signatory to the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol, which sets the framework for international aircraft financing and leasing security.
Bilateral Air Services Agreements (ASAs) govern Fiji's international air-traffic rights with other jurisdictions. Fiji maintains a substantial network of bilateral agreements supporting the operations of Fiji Airways and inbound carriers.
Aircraft finance & leasing
Modern aircraft are expensive assets, and modern airlines almost universally finance them through structured finance arrangements rather than outright purchase. Aircraft finance is a specialist field combining banking, security, cross-border tax, regulatory and insurance considerations — and Fiji-side counsel is required on every Fijian transaction.
The principal aircraft-finance structures we see in Fiji include:
- Operating leases — the most common structure, particularly for short-to-medium-term aircraft requirements. The lessor retains ownership and certain residual-value risk; the lessee operates the aircraft for the lease term and returns it at the end.
- Finance leases — economically more equivalent to a financed purchase, with the lessee bearing the residual-value risk and typically having an option to acquire the aircraft at lease end.
- Sale-and-leaseback transactions — where an airline sells an aircraft (often newly delivered) to a lessor and immediately leases it back. Provides liquidity and removes the asset from the airline's balance sheet.
- Mortgage-secured financings — where the financier takes a mortgage over the aircraft as security, registered against the Fijian aircraft register and, in respect of cross-border transactions, the Cape Town Convention International Registry.
- Cross-border financings — typically structured through tax-efficient jurisdictions (Ireland, Cayman, Bermuda, Singapore) and requiring coordinated counsel across multiple jurisdictions.
For Fiji-side counsel, the work covers aircraft-mortgage drafting and registration, Cape Town Convention compliance, security perfection, regulatory consents from CAAF, exchange-control approvals from the Reserve Bank of Fiji, tax-clearance work, and the closing mechanics typical of large structured-finance transactions.
Aircraft registration
The Fijian aircraft register is administered by CAAF. Aircraft eligible for Fijian registration include aircraft owned by qualifying Fijian persons or by entities meeting the registration requirements under the Civil Aviation Act and regulations. Registration on the Fijian register has implications for the applicable airworthiness regime, the licensing of crew, the operation of the aircraft on Fijian air-services routes, and (for financiers) the security framework.
Deregistration of an aircraft — typically at the end of a lease or financing arrangement, or on sale — requires CAAF processing and any required regulatory consents. Where the deregistration relates to a security interest held by a financier, the Cape Town Convention "Irrevocable Deregistration and Export Request Authorisation" (IDERA) framework applies.
Airline operations
Airline operations engage a wide range of legal considerations beyond the headline aircraft-finance work. We act for Fijian and visiting carriers on the operational, regulatory and commercial matters that arise in the routine conduct of airline business.
The principal areas of operational legal work include:
- Air-services licensing — applications for operating certificates, route licences and the bilateral approvals required for international operations.
- Codeshare and alliance agreements — the contractual machinery of joint operations with partner carriers, including marketing, frequent-flyer, ground-handling and revenue-sharing arrangements.
- Passenger contracts and conditions of carriage — the framework documents that govern the airline's relationship with passengers, including liability and consumer-protection provisions.
- Cargo arrangements — air-cargo carriage contracts, freight-forwarder arrangements and the related insurance and liability frameworks.
- Ground-handling and airport-services concessions — the contractual arrangements between carriers and ground-handling agents, fuel suppliers, catering services and the airport authorities.
- Crew employment — pilot, cabin-crew and engineer contracts, including the specific regulatory and licensing considerations applicable to flight-deck and engineering staff.
- Aviation insurance — hull, war-risk and third-party-liability insurance arrangements, claims handling and broker engagement.
Liability & accident matters
Aviation accidents and incidents — whether in international or domestic carriage — engage a specialised liability framework. International carriage falling within the scope of the Montreal Convention 1999 is governed by the Convention's liability and limitation regime; domestic carriage falls under Fijian statute including the Carriage by Air Act.
The legal work on aviation accidents and incidents typically engages multiple parallel workstreams — the regulatory investigation by CAAF (and, in the case of incidents involving international carriers, the foreign safety regulator), insurer-side claims handling, passenger and cargo claims, criminal investigation where applicable, and ongoing operational continuity for the carrier. We have acted for carriers and on insurer panels on these matters and have the framework experience to manage the complexity that arises.
Airports & infrastructure
Fiji's principal airports — Nadi International, Nausori International and the regional airports across the country — are operated by Fiji Airports under a structure that combines regulatory, commercial and infrastructure functions. The airport infrastructure supports terminal services, ground-handling concessions, fuel storage and supply, retail operations, hotel and accommodation operations, and the various sub-concessions that operate within the airport environment.
Airport-side legal work includes concession negotiation, terminal-services agreements, ground-handling licensing, retail-lease arrangements, infrastructure projects (terminal expansion, runway works, navigation aids), and the regulatory-engagement work that supports airport development and operation.
What we do
Our aviation services span the lifecycle of aircraft and airline operations in the Fiji Islands.
Aircraft acquisition & finance
Operating leases, finance leases, sale-leaseback, mortgage-secured financings, cross-border structured finance.
Cape Town Convention transactions
International registry filings, IDERA arrangements, security-perfection work under the Aircraft Protocol.
Aircraft registration
Registration and deregistration on the Fijian aircraft register, CAAF engagement, eligibility and ownership structuring.
Air-services licensing
Operating certificates, route licences, bilateral ASA work, regulatory submissions to CAAF and the Ministry.
Codeshare & alliance agreements
Joint-operations contracts, partner-carrier arrangements, frequent-flyer and ground-handling framework agreements.
Aviation insurance
Hull, war-risk and liability insurance, broker engagement, claims handling and policy disputes.
Accident & incident matters
Regulatory investigation support, Montreal Convention liability, passenger and cargo claims, insurer-side defence.
Airline employment
Pilot, cabin-crew and engineer contracts, licensing requirements, industrial-relations matters in the airline context.
Airport & ground-handling
Concession arrangements, terminal-services agreements, ground-handling licensing, fuel-supply contracts.
Charter & general aviation
Charter-operator licensing, helicopter services, scenic flight and resort-transfer operations, general aviation regulatory work.
An aviation matter in Fiji?
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Aircraft financings have tight closing timetables. Whether you are a lessor, financier, airline or operator — an initial conversation is at no cost.
Speak with a partner →Frequently asked questions
Is Fiji a Cape Town Convention jurisdiction?+
Yes — Fiji has acceded to the Convention on International Interests in Mobile Equipment and its Aircraft Protocol. The framework supports international registration of aircraft interests through the Cape Town International Registry and provides the IDERA mechanism for deregistration in default scenarios. For international aircraft financiers, this is the answer to the most important question about taking security over a Fiji-registered aircraft.
What are the eligibility requirements for Fijian aircraft registration?+
The Civil Aviation Act and regulations set the eligibility framework. Aircraft owned by qualifying Fijian persons or qualifying entities can generally be registered on the Fijian register; the precise requirements depend on the ownership structure, the nature of the operations and the relevant CAAF determinations. For aircraft owned through cross-border lease structures, the eligibility position should be confirmed at the structuring stage.
Does Fiji apply the Montreal Convention to international carriage?+
Yes — Fiji is party to the Montreal Convention 1999, which governs the liability of carriers in international carriage by air. The Convention sets the framework for passenger-injury liability, baggage and cargo claims, and the limitation amounts applicable to each category. Domestic carriage falls under Fijian statute including the Carriage by Air Act.
Can a foreign airline operate to Fiji?+
Yes — subject to the relevant Air Services Agreement between Fiji and the foreign carrier's home jurisdiction, and to the operating certificate and route-licence approvals from CAAF and the Ministry. We act for inbound carriers on the regulatory approvals required to commence operations to Fiji and on the ongoing compliance matters that arise.
How long does aircraft mortgage registration take in Fiji?+
Registration of an aircraft mortgage with CAAF is typically a process of weeks rather than months, subject to the usual completeness-of-documentation requirements. Parallel registration on the Cape Town International Registry is typically same-day. We work to closing timetables and build the registration sequence into the conditions precedent.