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COMMENTARY: Prime Minister Pōhiva warned about use of circulars, said they muzzled Opposition MPs

EDITOR’S NOTE: This commentary was edited to reflect the fact that the response from the Deputy Clerk was meant to say that the Parliament using the circular was a normal means of communication.

COMMENTARY: It is time for the practice of using circulars to make decisions in Parliament was reviewed.

Circulars should only be used on agendas that are urgent.

They should not be used on important issues such as pay rises for Parliamentarians.

Such issues should be properly debated in the House so that they can be recorded in the minutes for the public to read and also broadcast for people to listen.

As Kaniva News reported yesterday, the government’s use of a circular to canvas MPs’ views on a pay rise has been called into question.

However, the Legislative Assembly’s Deputy Clerk, Dr Sione Vikilani, said the circular was a normal means of communication approved by the House and any information sent through it was legal.

In Tongan he said: “Ko e tohi ‘avetakai ko e founga ngāue pe ‘oku ‘ataa ke ngaue’aki pea ‘oku ‘ikai ke ta’efakalao ha tu’utu’uni ‘i hono fakahoko ‘i he founga koia”.

Dr Vikilani did not respond to a question asking why a circular was used to ballot the pay hike and not a face-to-face voting in the House.

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In 2018 Tonga’s former Prime Minister, the late ‘Akilisi Pōhiva, warned that using circulars in Parliament was open to abuse.

Speaking to Kaniva News, Pōhiva said the use of circulars was normal but did not allow for discussion.

MPs, especially the Opposition, could not debate whatever agenda was being circulated.

He said that traditionally Speakers and the Noble’s representatives, who were mostly the majority  in the House, used it to ballot issues they wanted to be decided in their favour.

The late Prime Minister’s comments were made during an interview in 2018 about the decision to approve an invitation from the Tonga Rugby League for a Parliament delegation to attend a match.

The decision was adopted through a circular, by collective resolution of Parliament.

Prime Minister Pōhiva’s concerns are just as relevant today as they were four years ago.

Debates and voting in the House must be open so that all citizens can see how their MPs voted and debate can be held in public.

This was illustrated in our story yesterday when Dr Vikilani would not say how MPs voted on the circular. 

A Parliament with secrets is not truly democratic.

Vehicle hits two houses in West Auckland, driver flees

By 1News Reporters

Police are searching for a driver who crashed into two properties in Massey, West Auckland before fleeing on foot this morning.

A vehicle entered a driveway and crashed through a fence and into two houses shortly after 4am.
A vehicle entered a driveway and crashed through a fence and into two houses shortly after 4am. (Source: 1News)

Emergency services were called after a vehicle travelling along Don Buck Rd entered a driveway and crashed through a fence and into two houses shortly after 4am.

“Thankfully no one was injured,” a police spokesperson said

Vehicle crashes into two West Auckland homes

Footage taken by 1News showed debris strewn from homes on Don Buck Rd, in Massey.

https://imasdk.googleapis.com/js/core/bridge3.686.0_en.html#fid=goog_355718203Play Video

Vehicle crashes into two West Auckland homes0:34

Footage taken by 1News showed debris strewn from homes on Don Buck Rd, in Massey. (Source: 1News)

“The driver has abandoned the vehicle and fled on foot and inquiries are underway to locate them.”

Footage taken by 1News showed debris strewn from both homes into the surrounding yards.

Footage taken by 1News showed debris strewn from a hole in one of the homes.
Footage taken by 1News showed debris strewn from a hole in one of the homes. (Source: 1News)

Anyone with information was urged to call 105, or provide information anonymously via Crime Stoppers on 0800 555 111.

Tonga’s Health Ministry declares dengue outbreak with 10 cases reported

Tonga is currently dealing with an outbreak of dengue fever, with the Minister of Health confirming 10 cases since last Friday.

Health Minister Dr ‘Ana ‘Akau’ola

Most cases are from Tongatapu, and the age group most affected is 12 – 17.

The Ministry of Health said in a statement the number of positive and suspected cases has increased significantly over the past few days in the island groups of Tongatapu, Vava’u, and Eua.

More cases are expected due to the ongoing rain and adverse weather conditions, which favour breeding sites for the mosquitoes responsible for the transmission of the dengue virus, the statement said.

The Officers in Charge of Health in all outer island groups have been alerted to the situation and encourage their respective practitioners to have a high index of suspicion for early detection and treatment of cases.

The Public Health outbreak response teams have been mobilized to conduct positive case investigations, contact management, robust vector control, and preventative measures.

The Ministry reminds the public that dengue fever is contagious.

It spreads from person to person through the bites of infected mosquitoes.

The public is urged not to panic but to educate themselves about dengue fever and to seek medical attention promptly if they experience symptoms.

Dengue Fever symptoms include:

                Sudden high fever

                Severe headaches

                Pain behind the eyes

                Joint and muscle pain

                Nausea

                Vomiting

                Swollen glands

                Rash that appears 3-4 days after fever begins

Severe symptoms, such as abdominal pain, bleeding gums and vomiting blood, require immediate medical attention.

Consultation and dialogue with World Health Organization and other technical partners continues while mobilizing resources to enhance surveillance, community wide clean-up and prevention measures.

Strong wind warning for Tonga groups 

A gale warning has been issued for the Niuas, while the rest of the Tonga group has received a strong wind warning. 


Heavy rain warnings and flash flood advisory remain in force for the Niua Toputapu and Niua Fo’ou land areas. 

Tonga MetService says an active trough of low pressure lies over the Niuas and is associated with cloudy to overcast skies, occasional heavy rain, thunderstorms, and strong gusting to gale-force winds for the rest of this week.  

Meanwhile, a fresh to strong easterly wind will continue to prevail over the Vava’u, Ha’apai, Tongatapu, and Eua groups. 

For Niua Toputapu, Met said a northwesterly wind of up to 20 – 25 knots, rising up to 30 – 35 knots at times and south to southeast at times tomorrow. Rough to very rough seas (up to four metres). Moderate northwesterly winds (up to three metres). 
Poor visibility due to heavy rain. 
 
For Niuafo’ou coastal waters, it said northwesterly wind of up to 20 – 25 knots rising to 30 – 35 knots at times and becoming south to southwest tomorrow. Rough to very rough seas (up to four metres). A moderate northwesterly winds (up to three metres). 
Poor visibility due to heavy rain. 
 
For Vava’u coastal waters, Met said an east-to-south wind of up to 15-20 knots rising up to 25 knots at times. The winds will become 20-25 and gust up to 30-35 knots at times tomorrow night. Moderate seas (up to two and a half metres) will then become rough to very rough seas by tomorrow night (up to four metres). Moderate northwesterly winds (up to three metres) will also be expected. Poor visibility due to heavy rain. 
 
For Ha’apai, Tongatapu, and Eua coastal waters, east-to-southeast winds are 15-20 knots, rising to 25-30 knots at times. There are moderate to rough seas (up to three metres). 
 
For Tele-ki-Tonga and Tele-ki-Tokelau coastal waters, the authority said easterly winds 15-20 knots. 
Moderate seas (up to two metres). 

Citizenship law under fire as children discover they are overstayers

By Gill Bonnett of rnz.co.nz and is republished with permission

A former minister says dozens of families with babies born since a change to citizenship rules have asked him to help keep their children in New Zealand.

Collage of traveller, plane and visa application

An immigration lawyer says some young people only discovered that they were overstayers when asked for a visa or proof of citizenship for work or university. Photo: RNZ

The case of 18-year-old Daman Kumar – who awaits the outcome of an eleventh hour appeal to Associate Immigration Minister Chris Penk against being deported to India – has highlighted a generation of New Zealand-born children who have always been overstayers. Kumar was born here to parents who did not have residence, and has never been to India.

An immigration lawyer and former Progressive Party MP, Matt Robson, said the 2006 citizenship changes were ‘mean-spirited’ and should be reviewed. He estimated hundreds of migrants had appealed their cases since then, or been forced to leave.

Youngsters often only found out they were overstayers when asked for a visa or proof of citizenship for work or university, and more would approach those milestones in the coming years, he said.

“Those born before 2006, happy New Zealanders. Those born the day after, unhappy children.

“The demographic now – they can get through high school, without being challenged [about visas] but when they get to university, that’s what I’ve had some people come forward. For some children that’s probably when they find out that they’re not New Zealand citizens.”

He said dozens of clients, mainly parents, had approached him as their children got older to launch appeals, but were reticent to speak out publicly. Some have ‘split’ families, where one child was a New Zealand citizen and others not.

Generally, ministers over the years had sided with families and overturned threatened deportations in similar cases to Kumar’s, he added.

Who decides?

A change to who makes decisions on appeals has led to the current problem, said Robson, blaming Penk for passing the buck to INZ officials, who were judging decisions that other departmental colleagues had made.

“I don’t think he has been completely open about this process, of just not doing his job on many of the cases, saying ‘I’m too busy, I’ll farm it out to what’s called a delegated decision-maker.’ But it violates the basic principle of constitutional law, you don’t allow an institutional organisation, when you have an appeal, to judge itself.”

Penk told RNZ in a written statement: “It is my responsibility to consider whether individual cases may have special circumstances, which merit intervention,” while also confirming it was a delegated decision-maker who had made that call in Kumar’s case. Penk himself is now reviewing the appeal decision.

“Questions of legislative changes concerning immigration fall outside of my delegation as Associate Minister of Immigration,” he added. “However, I understand there are no current plans to make changes to the Citizenship Act.”

The Helen Clark-led Labour government brought in the original changes, backed by National. Before that, New Zealand had what Americans call ‘birthright citizenship’, where country of birth confers automatic citizenship.

Robson said opponents of the original legislation saw that it would turn newborns into overstayers, and did not see evidence that the policy was needed.

It was ‘slipped in’ as an amendment when the bill had got to its later stages, he said, and recalled having a row with Clark about it on national TV.

“There was no economic reason to stop people having children and being able to stay. I saw it as a mean-spirited move. I don’t think there was any statistics to show that people would hop on a plane, come to New Zealand and make babies. I think again that it was just one of those tightening things where bureaucrats believed that there were those out there that are ‘getting away with it’ and we’re not going to allow them.”

Fire badly damages home in north Auckland

By 1News Reporters

A fire has badly damaged a house in northern Auckland and flames have spread to a neighbouring property, according to Fire and Emergency New Zealand.

FENZ were called to the incident at 11.21am.
FENZ were called to the incident at 11.21am. (Source: 1News)

FENZ said it received calls to a house fire in Wainui around 11.20am.

On arrival a two storey home was on fire, with flames encroaching on a next-door property.

Over half-a-dozen trucks were at the scene, with more on the way.

There are no reports of injuries.

Four-and-half years’ jail for Neiufi after meth and $2,800 confiscated 

A man has received a sentence of four-and-a-half years in prison after being apprehended for possession of methamphetamine and $2,800 in cash.  

Kisina Neiufi, 33, was arrested after Police found in his car 3.51 grams of methamphetamine and five empty dealer packs.  

His sentencing means he violated the 12-month suspension imposed for a prior drug conviction, prompting Justice Cooper to activate that suspension. 

The court was told that the police, acting on information received, specifically targeted Neiufi’s car.  

As he approached an ‘api in Vaotu’u, police in two vehicles boxed in his car, and as they moved in to search him and his wife in the front passenger seat.

He was seen throwing an item from the front passenger window, which the police later identified as methamphetamine.  

The police also found TOP$ 2,800 in Neiufi’s possession. Along with the cash, empty ‘dealer’ bags were recovered from his hand. 

A pre-sentence report showed Neiufi was a talented rugby player.  

He married in 2016, and his wife told the Probation Officer that his constant illicit drug use had deeply affected her, their marriage and attempts at a stable life.  

She had tried many times to forgive him, having been assured he had changed, but to no avail.  

They have a child together whom she supports through her hard work.  

Vaotu’u town officer, Mr. Amipeliasi Tu’akoi, told the court Neiufi is not a bad person and as such is not detrimental to their community.  

 While Neiufi maintains his innocence, it is noteworthy he never put forward any explanation for the ‘dealer bags’ found in his possession and were photographed by police, wrapped around some of the $50 bank notes that were found in his hand by the officers.  

“That tends to underline how unrealistic his protestations of innocence are”, Mr Cooper said.  

Weapons ‘arsenal’ found in car as two Tongans arrested after shooting at police in Australia 

Reports said Police in Sydney allegedly found an arsenal of weapons after searching a car linked to two Tongan suspects.   

Paea Tuiniua was extradited from Queensland on 13 charges, including possessing a grenade, pistol and semi-assault rifle.

Sydney Police allegedly found a Glock pistol, a grenade and a semi-automatic rifle in a stolen car after police were shot at during a pursuit through Sydney’s west, with the suspected gunman extradited from Queensland after a week on the run.

A Sydney Morning Herald report said the discovery comes after Paea Tu‘iniua, 20, and Faez Finau, 20, had been arrested after a report of an attempted robbery at a home on Calaria Close in Edensor Park around 1.30am on December 31.  

“When officers located the vehicle on Cowpasture Road in Hinchinbrook and the pair refused to pull over, a pursuit began but was soon abandoned due to the driver’s erratic behaviour”, the report said. 

Another chase was initiated shortly after the car was spotted on St James Road in Varroville.   

Police alleged during this pursuit, Tuiniua leant out of the window and fired multiple shots at a police car.  

One bullet hit the wheel arch and the other hit the car grill. The officers were unharmed.  

Police deployed road spikes, running the car off the road.  

Finau was arrested at the scene while Tuiniua allegedly escaped into nearby bushland, sparking a major police operation with dozens of officers including heavily armed tactical units combing the area.  

Finau was taken to Campbelltown police station and charged with nine offences including possessing or using a military-style weapon without a permit, possessing an unauthorised pistol, possessing a loaded firearm in a public place, and special aggravated break and enter with intent and armed with a dangerous weapon.  

He faced Parramatta court on January 1 where he did not apply for bail and was formally refused it.  

Tuiniua was arrested at Brisbane Airport last month wearing luxury brand Burberry board shorts and a T-shirt and extradited to NSW after he allegedly fled the state following the New Year’s Eve pursuit. 

Photo of immigration officers with Tongan family sparks online outrage  

A photo of what appeared to be New Zealand immigration compliance officers inside a house where a Tongan family lived has ignited heated debates on social media.  

Photo/Facebook

Many users are weighing in on the implications of the image, claiming that law enforcement officers were apprehending a family member due to allegations of visa overstay. 

Immigration New Zealand could not immediately be reached for comment.  

The photo purportedly shows a female officer placing her hand on a man who is hugging a child, believed to be his daughter, with two other officers standing by their side.

While the community agreed that the officers were doing their job, many raised concerns about what they described as the actions of certain members within the Tongan community, accusing them of allegedly alerting immigration authorities about the address of the person in question.  

Some community members took their actions a step further by sharing photos of people whom they claimed to have reported the man to immigration on Facebook.  

However, supporters of these people have defended them and refuted the allegations of their involvement. 

The news comes after Immigration Compliance officers located six unlawful migrants last year following an investigation into their failure to depart New Zealand in accordance with their visa requirements. 

Steve Watson, General Manager Immigration Compliance and Investigations, said at the time that the legal obligation to leave New Zealand before a temporary visa expires is clearly communicated on visas. 

“Temporary visa holders must ensure that their visa is current. People who overstay their visa are expected to leave New Zealand. Wherever possible, we contact people who overstay their visas through texting, email and – if they fail to depart – Compliance staff may undertake enquiries and if there are no special circumstances to consider, will locate and deport them. 

“When someone is unlawfully in New Zealand, we know it is harder for them to legally engage in society and this means they can be vulnerable to exploitation. Employers are also committing an offence by employing unlawful migrants.” 

Cook Islands opposition files no-confidence motion against PM Mark Brown

By Melina Etches, Cook Islands News

A motion of no confidence has been filed against the Prime Minister and his Cabinet following the recent fiasco involving the now-abandoned Cook Islands passport proposal and the comprehensive strategic partnership the country will sign with China this week.

Cook Islands Prime Minister Mark Brown arrives at Tuurangawaewae Marae for the tangihanga of Kiingi Tuheitia on 2 September 2024.

Cook Islands Prime Minister Mark Brown arrives at Tuurangawaewae Marae Photo: Layla Bailey-McDowell / RNZ

Cook Islands United Party leader Teariki Heather said Prime Minister Mark Brown should apologise to the people and “graciously” step down, or else he would move a no-confidence vote against him in Parliament.

Clerk of Parliament Tangata Vainerere on Wednesday morning (Thursday NZ time) confirmed that a motion of no confidence has been filed, and he has placed the notice with the MPs.

Parliament will convene for the first time this year on Monday, 17 February, to consider various bills and papers, including the presentation of the supplementary budget.

Heather, an Opposition MP, is concerned with Brown’s lack of consultation regarding the passport issue, which the Prime Minister later confirmed was “off the table”, and the China agreement with New Zealand.

New Zealand has raised concerns that it was not properly consulted, as required under their special constitutional arrangement. However, PM Brown said he had advised them and does not believe the Cook Islands is required to provide the level of detail New Zealand is requesting.

“He (Brown) has handled the situation badly. He has to step down graciously but if he doesn’t, I’m putting in a no confidence vote in Parliament, that’s the bottom line,” Heather told Cook Islands News yesterday.

“I will move that motion and if there’s no support at least I’ve done it, I’ve seen it through.”

Heather also said that he believes the Prime Minister should apologise to the people of the Cook Islands.

“A simple apology, he made a mistake, that’s it.”

Cook Islands News reached out to the Leader of the Opposition Tina Browne for comment on Heather’s no confidence motion.

Browne on Sunday told PMN that residents were angry, and there is mounting pressure and strong feeling that the PM Brown “should go” (step down).

The Prime Minister has the confidence of his Cabinet Ministers, who are backing their leader and the China agreement, according to Foreign Affairs Minister Tingika Elikana.

Brown is in China on a state visit with his delegation. Yesterday marked the third day of the visit, during which he will oversee the signing of a Joint Action Plan for Comprehensive Strategic Partnership (CSP) with China. He is also expected to meet with Chinese Premier Li Qiang and President Xi Jinping.

The content of the agreement and its signing date remain unknown.

“At this stage, discussions regarding the agreement are still ongoing, and it would be premature to confirm a signing date at this time. However, once there are any formal developments, we will ensure updates are shared through an official MFAI media release,” a spokesperson for the Cook Islands Ministry of Foreign Affairs and Immigration told Cook Islands News yesterday.

Public protest

A public protest march will convene at Parliament House on Monday to challenge the government’s direction for the people of the Cook Islands.

Heather is spearheading the “peaceful” protest march, rallying citizens against PM Brown’s controversial proposal to introduce a Cook Islands passport.

Over 100 people attended Heather’s public meeting on Monday evening at the Aroa Nui Hall to voice their concerns about government’s actions disregarding the voices of the people.

“Do we just sit around no. Te inrinaki nei au e te marama nei kotou te iti tangata,” Heather said.

“We have to do this for the sake of our country. This is not a political protest, it’s people of the Cook Islands uniting to protest, if you understand the consequences, you will understand the reason why.”

Although Brown has since ditched the proposal after New Zealand warned it would require holders to renounce their New Zealand one, “the damage is done”.

This has sparked heated debates about national identity, sovereignty and the implications for the Cook Islands relationship with New Zealand.

Heather has taken onboard the concerns of citizens and argued that such a move could undermine the historical ties and shared citizenship that have long defined the relationship between the Cook Islands and New Zealand.

He has no confidence in Brown’s statement that the proposed Cook Islands identity passport is “off the table”.

“I think it is off the table for now… but for how long?” Heather questioned.

“Then there’s the impact of what he has done with our relationship with New Zealand so we are very much concerned about that.

“We are making a statement. The march is actually to show the government of New Zealand that we the people of the Cook Islands don’t agree with the Prime Minister on that.

“We want New Zealand to see that the people of the Cook Islands – that we love to keep our passport, that we care about our relationship as well.”

Heather said they are also concerned about New Zealand’s reaction to the Cook Islands proposed agreement with China.

He welcomes members of the community to join the “peaceful” protest.

On Monday morning, drummers will be located on both sides of Parliament House on the main road. At 10.45am, the proceedings will start when people start moving towards Parliament. Heather wants all protestors to bring along their New Zealand passports.

Heather would like to remind people not to use dirty language at the protest – “auraka e autara viiviii, don’t bring your dirty laundry…”

Cook Islands News

Police reopen probe into 1998 cold case murder on West Coast

By 1News Reporters

Police have reopened a homicide investigation into the suspected murder of David John Robinson, more than 26 years after he was found dead on a remote beach on the West Coast.

A police car (file).
A police car (file). (Source: 1News)

The investigation was first launched on 28 December 1998, after the 25-year-old’s body was found on a remote beach on the West Coast near Ross.

Robinson was killed around 10 days before his body was found, Detective Inspector Geoff Baber said.

During its initial investigation, police found Robinson’s possessions scattered across the beach, which suggested he had likely been staying in the area before he died.

An “extensive” investigation was launched, which saw police interview several people in the community and conduct searches of the nearby beach, bush, and river areas.

Eventually, it was “scaled back”.

Since then, the probe has “been periodically reviewed, and police continue to make additional enquiries over the years,” Barber said.

“I want David’s family and the community to know we will not give up – Police are determined to find out what happened in this small rural community shortly before Christmas over 26 years ago.”

Barber said police were canvasing the Kakapotahi area this week, with enquiries expected to continue over the coming days and weeks.

“We know people may not have wanted to previously tell us what they saw or heard, but the passing of time may have changed things for them, and they may see things differently now with regards to David and what happened to him.

“If you do know something, we encourage you to come forward and speak to us – it is not too late to provide David’s family with answers.”

Anyone with information is being asked to call 105.