Auckland businessman Chris Barrett has called on the King of Tonga to intervene in a long-standing legal dispute involving Lord Fulivai and his wife Helen Fulivai, after the couple failed to repay more than NZ$253,000 (TOP$407,777) as ordered by the New Zealand High Court.
The revelation comes after all avenues to locate the Fulivais in New Zealand have been exhausted, amid reports they have fled Auckland and returned to Tonga.
The Honourable Justice Venning ruled in 2021 that the Fulivais must repay Barrett the full amount, including interest dating back to January 1, 2018, and legal costs.
The judgment, obtained by Kaniva News, followed years of financial dealings in which Barrett claims he was misled by the former Governor of Vava’u.
“In particular, he gave me assurances for the granting of a 99-year lease of land on an island called Pangaimotu in Vava’u for which I was to pay $170,000,” Barrett said in court documents.
“I was duped,” he previously told Kaniva News.
Barrett said he never received the promised lease and that the Fulivais continued to request loans over several years, which he provided in good faith.
“They were certainly repayable on demand,” he said.
Despite the court ruling, Barrett said the Fulivais have evaded repayment.
A legal document sent by Barrett’s lawyer to Lord Fulivai and Helen Fulivai — and seen by Kaniva News — shows the couple were formally reminded and warned of the consequences of failing to comply with the High Court judgment on Wednesday, 29 September 2021, ordering them to repay NZ$253,370.60.
“The court judgment makes it clear that this amount has been entered as judgment against you both, jointly and severally,” the letter stated.
The lawyer demanded immediate payment of the full amount or, alternatively, that the Fulivais make arrangements directly with Mr Barrett to settle the debt — either through monetary payment or other acceptable means, such as the granting of a lease over suitable land in Tonga.
“Otherwise, you will need to act immediately to avoid enforcement action which will follow,” the letter warned.
Calls for Royal Action
Barrett told Kaniva News this week he believes that, if formally approached, “the King should consider stripping Lord Fulivai of his noble title and confiscating his lands to enforce the High Court ruling.”
“The Lord and Lady Fulivai stole my money from my lawyers and accounts by deception and I walked away from developing the (billion-dollar worth) tuna farm operation out of Hunga Island that we were working on.”
He said that the Fulivais had “defrauded me of $1/4m by stealing from me and Tonga lost the largest investment opportunity we ever proposed for Tonga.”
“I can not understand why the King doesn’t take his land and pay me out and try get this project reinstated.”
Barrett claims Lord Fulivai is hiding out on Tongatapu and avoiding debt collectors, while Helen continues to allegedly earn income from rental properties and commercial interests in Vava’u.
“There is also $50,000 allowed for official debt collection on top of the High Court amount,” Barrett said. “We have the Reciprocal Enforcement Act allowing us to unite the debt across NZ and Tonga.”
Barrett said he is willing to work with contacts in Tonga to serve and collect the debt, and hopes the King will take action, given the seriousness of the matter and the involvement of a noble title.
The revelation comes amid allegations that the King recently stripped Lord Veikune of his hereditary title, according to reports from residents of his Longoteme estate.
The details surrounding the reported removal of Veikune’s title remain unclear.
However, it is understood that it is standard practice for the King to revoke a noble’s title only in cases involving serious issues.
According to Tonga’s Constitution, the King holds full authority to appoint or remove members of the nobility.
The Fulivais could not be reached for comment.
