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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.

Justis Huni eyes blockbuster opportunity with potential spot on Tyson Fury vs Anthony Joshua card

Australian-Tongan heavyweight boxer Justis Huni is reportedly set to headline a major pay-per-view boxing event on home soil this August, in what could become a defining moment in the rising heavyweight’s professional career.

Despite suffering the first defeat of his professional career in his most recent outing, Huni remains widely regarded as one of Australia’s brightest boxing prospects, and a strong performance in the upcoming bout could propel him further onto the international stage. Boxing insiders suggest that a victory in August may earn Huni a coveted place on the undercard of a proposed mega-fight between former world champions Tyson Fury and Anthony Joshua.

The potential opportunity would represent a significant career breakthrough for Huni, whose technical skill, mobility, and growing international reputation have continued to attract attention within heavyweight boxing circles.

A pay-per-view headline event in Australia would also mark another major step forward for the local boxing scene, with promoters increasingly looking to position Australian heavyweights within global boxing markets.

Although official details surrounding Huni’s August opponent and venue are yet to be fully confirmed, expectations are already building around the event, particularly given the possibility of a pathway toward one of boxing’s most commercially anticipated match-ups.

The long-discussed Fury-Joshua showdown has remained one of the sport’s most sought-after contests, and inclusion on such a card would expose Huni to a massive global audience and potentially accelerate his push toward world-title contention.

For Australian boxing fans, the August event could therefore carry importance beyond a domestic headline fight — serving as a gateway for Huni’s emergence onto the sport’s biggest stage.

‘Swift Wave Global’ emerges after BG Wealth collapse leaves Tongans reeling

An investment scheme allegedly resembling a pyramid operation is reportedly preparing to enter Tonga following the collapse of BG Wealth, which impacted many Tongans in the diaspora.

Kaniva News has received credible information that the scheme known as “Swift Wave Global” is currently being promoted within the Tongan online community, with plans for the scheme to be introduced in Tonga.

However, the identities of those involved are being withheld at this stage as investigations continue.

One of the videos reviewed shows a Tongan promoter positively associating Swift Wave with the now-collapsed BG Wealth Sharing scheme, referencing “trading”—a term commonly linked to the BG scam’s operations.

NZ Flags Ponzi Scheme

Warning the public about Swift Wave, New Zealand’s Financial Markets Authority (FMA) says the scheme is linked to a network of group chats and fake investment platforms associated with a high-risk, Ponzi-style scam, previously identified as TXEX.

The FMA has also identified Swift Wave Global as part of this fraudulent network, issuing the following advisory: “VCEX (also known as Victory Crypto Exchange, Swift Wave Global, SW Wealth Sharing Investment Group, Swift Wave Capital, Value Chain Exchange Inc).”

The regulator also named two websites connected to the scheme — vcexin.com and sw004.com.

Tonga Issues Warning

It comes after the National Reserve Bank of Tonga (NRBT) cautioned the public against engaging with schemes known as “SWIFTNET” and “SWIFT Pay,” noting that the information available about these schemes and similar ventures remains limited and lacks sufficient detail.

While the NRBT has flagged the two separate schemes operating under the name “Swift,” a different operation in New Zealand—calling itself Swift Remita—has also emerged, falsely claiming to be based there. Authorities confirm it is not a registered entity and is not authorised to provide banking or financial services in or from New Zealand.

The NRBT has encouraged anyone approached about Swift Wave or similar schemes to seek independent financial advice and verify the legitimacy of any investment opportunity before committing funds.

Pattern of emerging schemes

The emergence of Swift Wave comes at a sensitive time, as Tonga continues to grapple with the fallout from BG Wealth Sharing, which spread rapidly across social media and relied heavily on trust networks and peer promotion.

Financial authorities have repeatedly warned that such schemes often follow a similar pattern:

  • Rapid online promotion
  • Promises of high or guaranteed returns
  • Lack of clear ownership or regulation
  • Heavy reliance on recruitment

Officials say early participants may receive small payouts, which are then used to attract more investors before the scheme ultimately collapses.

Public urged to remain vigilant

Authorities are urging the public to exercise caution and avoid investing in any platform that is not properly registered or regulated.

With social media continuing to play a central role in promoting such schemes, experts warn that communities — including those in Tonga — may remain vulnerable to repeated exposure unless stronger awareness and scrutiny are applied.

The long memory of migration: From the ‘Girmitiyas’ to Tonga’s Chinese passport era

Editorial – As communities across New Zealand commemorated Fiji Girmit Remembrance Day this week, reflections on migration, sacrifice, and national transformation once again entered Pacific public discourse.

Writing after the remembrance gathering in Auckland, Tongan Member of Parliament Jenny Lātū Salesa paid tribute to the “courage, sacrifice, and resilience of the Girmitiyas,” honouring the thousands of Indian labourers who were transported by sea from India to Fiji from 1879 onwards under the British indenture system.

“Their struggles, hard work, and determination laid foundations that generations continue to build upon today,” she said, noting that the commemoration honours not only suffering and sacrifice, but also the enduring cultural legacy carried through Fiji, New Zealand, and the wider Pacific.

Her remarks inevitably draw attention to a broader Pacific reality: migration has long reshaped island societies in ways that continue to influence politics, economics, identity, and interethnic relations generations later.

Passport Sales Legacy Questions

That historical reflection also revives difficult questions in Tonga regarding the kingdom’s controversial passport-sales programme during the 1980s and early 1990s, a policy that eventually resulted in the arrival of hundreds of Chinese nationals into the country.

At the time, many Tongans were reportedly assured that the passport sales — largely linked to overseas Chinese investors seeking alternative citizenship arrangements before the 1997 Hong Kong handover — would not result in significant migration to Tonga itself. The programme was widely framed as an economic opportunity for the kingdom rather than a pathway for settlement.

Yet by the early 1990s, more than 400 Chinese citizens had reportedly arrived in Tonga.

Over the decades that followed, Chinese businesses and Chinese-backed investment established a significant presence in Nukuʻalofa, particularly within the retail and wholesale sectors, where many local residents perceived increasing commercial dominance.

Long-term land leases in parts of the capital also became a source of growing public anxiety among some Tongans, who feared that rising commercial concentration and urban expansion were gradually displacing local communities and pushing many Tongans away from central business areas toward rural districts and outer villages.

For many Tongans, the concern was therefore not solely immigration itself, nor the Chinese community as individuals, many of whom later became part of Tonga’s commercial and social landscape. Rather, the issue became the perception that the public had not been fully informed about the likely long-term demographic, economic, and social consequences of the scheme.

That perception of political dishonesty left a lasting mark.

Migration Policy Lasting Impacts

The comparison between the Girmitiya experience and Tonga’s passport era is not exact. The Girmitiyas arrived under colonial labour systems tied to plantation economies, while Tonga’s migration shift emerged through a state-led citizenship and revenue initiative.

Nevertheless, both histories demonstrate how migration policies can permanently alter Pacific societies in ways governments may initially underestimate, soften, or fail to communicate transparently.

The commemoration in New Zealand also reminds the Pacific of a recurring historical pattern. There is often a period of fear and uncertainty when foreigners suddenly arrive on island shores in significant numbers. Clashes may emerge — whether physical, economic, cultural, or ideological — as societies struggle to adjust to rapid demographic change.

Yet history also shows that over time, communities can gradually move beyond suspicion and division toward coexistence and nation-building.

While laws in Tonga have historically restricted the involvement of foreigners, including Chinese nationals, in certain local business sectors and land ownership, there is a growing advocacy among Tongan leaders for a more inclusive approach grounded in principles of humanity and equal rights.

This perspective emphasises that all individuals residing in the Kingdom should be entitled to fundamental rights comparable to those of indigenous Tongans. Drawing on developments in countries such as Fiji, it is anticipated that, over time, greater participation by ethnic minorities—including Chinese communities—may extend into leadership roles across various sectors of government.

Indo-Fijian National Contribution

The story of Indo-Fijians illustrates this transformation powerfully. Descendants of the Girmitiyas are now deeply woven into Fiji’s national fabric, contributing significantly across business, education, civil society, parliament, and government leadership. What began as a painful and contested migration history eventually became part of the foundation of modern Fiji itself.

Migration in the Pacific is therefore never merely demographic. It touches land, commerce, identity, political representation, and national psychology.

In Tonga’s case, anxieties surrounding economic competition and demographic change later contributed to tensions that surfaced dramatically during the 2006 Nukuʻalofa riots, when many Chinese-owned businesses in Nukuʻalofa were targeted and destroyed.

Today, as Pacific communities honour the journeys of the Girmitiyas and celebrate the resilience of migrant descendants, there is also room for deeper reflection on how governments manage migration narratives at home.

The lesson from both histories may ultimately be less about migration itself than about transparency and public trust. Societies are often more capable of adapting to change when citizens are honestly informed and meaningfully included in national conversations about policies that may reshape the future of their country.

History across the Pacific repeatedly shows that demographic change may eventually be absorbed into national identity — but public distrust born from perceived deception can endure for generations.

Drug courier jailed for smuggling 20kg of meth through Auckland airport

A 36-year-old foreign national has been sentenced to seven-and-a-half years’ imprisonment after attempting to smuggle 20 kilograms of methamphetamine into New Zealand through Auckland International Airport.

The man arrived on a flight from Bali, Indonesia, in July last year, where he was identified by Customs officers for further inspection during routine processing.

A search of his luggage revealed no personal belongings.

Instead, the suitcase was packed with vacuum-sealed green tea packets concealing a white crystalline substance, which later tested positive for methamphetamine.

Customs Auckland Airport Manager Paul Williams said the case highlights the serious consequences faced by those involved in drug trafficking.

“This man’s first visit to New Zealand has resulted in a lengthy stay in prison, far from home,” Williams said. “That’s the reality for anyone dealing with illicit drugs or acting on behalf of organised criminal groups.”

Williams credited the successful interception to intelligence-led targeting and the expertise of frontline Customs officers.

Investigations into the smuggling attempt have concluded.

Suspicions spark cannabis bust in Ōtāhuhu warehouse

An electrician’s keen observations have led to the discovery of a large-scale cannabis growing operation in Ōtāhuhu, where police seized hundreds of plants from a commercial warehouse.

Police have found around 360 cannabis plants at a property in Ōtāhuhu. Photo: Supplied / NZ Police

Police were alerted on Wednesday afternoon after the electrician noticed unusual wiring and ventilation systems at a Queen Street property—features often linked to illegal indoor cultivation.

Detective Senior Sergeant Mike Hayward of Counties Manukau West CIB said the tip-off proved accurate.

“Ventilation pipes were visible, and there was an unmistakable smell coming from the building,” he said.

“It was clear this was not a normal setup.”

Officers secured the scene and executed a search warrant the following day, uncovering approximately 360 cannabis plants being cultivated inside the warehouse.

The plants were being grown beneath 15 separate tents, indicating a significant commercial-scale operation.

Police inquiries are ongoing.

Rock attack leaves teen with facial injuries and tooth loss in Kolovai assault

Nuku’alofa, Tonga — A Kolovai man who struck a teenager in the face with a rock, leaving him with severe facial injuries and lost teeth, has been sentenced to imprisonment, though spared immediate jail.

The Supreme Court heard that Sione Tai So‘afa, 21, pleaded guilty to one count of serious causing bodily harm following a late-night beachside assault at Samaletane Beach in September 2025.

The 19-year-old victim suffered significant facial trauma, including swelling, bruising, lacerations, and dental loss, after being hit in the face with a rock before being punched while lying defenceless on the ground.

Alcohol-fuelled confrontation

The incident occurred around 10pm on 19 September 2025, when both the defendant and the complainant, along with their separate groups, had been drinking alcohol.

Court documents show the groups later gathered together at the beach, where tensions escalated amid fears the complainant and another individual would be assaulted. A fight broke out, but the defendant initially withdrew.

However, about 20 minutes later, So‘afa returned to the parking area armed with a rock.

As the complainant approached, So‘afa struck him in the face with the rock, knocking him to the ground. He then continued the assault, punching the victim while he lay defenceless before fleeing the scene.

The victim was transported to Vaiola Hospital for treatment.

Retaliatory and disproportionate

In sentencing on 6 May 2026, Lord Chief Justice Malcolm Bishop described the attack as serious and deliberate, noting the defendant had time to reflect before returning with a weapon.

“This was not meaningfully provoked,” the Chief Justice said, finding the violence to be retaliatory and disproportionate.

The court emphasised the dangerous nature of the attack, particularly the use of a rock as a weapon and the continuation of the assault after the victim had fallen.

Sentence suspended

The court adopted a starting point of two years’ imprisonment, reduced to 15 months after allowing for mitigating factors, including So‘afa’s early guilty plea, lack of previous convictions, cooperation with police, and expressions of remorse.

Despite the seriousness of the offending, the sentence was fully suspended for two years, taking into account the defendant’s youth, good character, and prospects for rehabilitation.

The court ordered that he serve 12 months’ probation, complete alcohol and drug awareness programmes, undertake 80 hours of community service, and comply fully with probation supervision requirements.

The court warned that any breach of conditions could result in So‘afa being required to serve the full 15-month prison sentence.

The judgment reinforced that violence involving weapons carries a high risk of imprisonment, even for first-time offenders.

However, in this case, the court found the offending arose from alcohol-fuelled poor judgment rather than entrenched criminal behaviour, allowing for a rehabilitative approach.

Former MP Johnny Taione trial ends after witnesse fail to appear

The trial of former Member of Parliament Johnny Grattan Vaea Taione was abandoned last month after a key witness failed to appear in court.

Johnny Gratan Vaea Taione

The former MP for Tongatapu 8 went on trial on 21 April, facing two charges of forgery and obtaining by false pretence.

Taione was charged with forgery after allegedly writing an authorisation letter in March 2024 at Longolongo.

The Crown claims the letter was intended to deceive the Ministry of Infrastructure by falsely stating that the owner of a blue 2022 Ford Ranger had authorised its transfer to another person.

Taione is also alleged to have obtained $68,000 by false pretence for another person, after reportedly stating in a letter that the owner had authorised the registration of his Ford Ranger. He pleaded not guilty to both charges in January 2025.

The hearing was adjourned to 22 April to allow police to execute a bench warrant following the failure of a key witness to appear.

However, the prosecution later informed the court on 23 April that the witness could not be located and entered a nolle prosequi, the Lord Chief Justice said.

“Accordingly, I find the defendant not guilty of the charges. The matter is now closed with no order as to costs.”

Judge’s ‘beyond reasonable doubt’ failure ends life sentence for ‘Anita Toutaiolepo

Nukuʻalofa — The Court of Appeal has overturned the drug importation convictions of Anita Toutaiolepo, ruling that the evidence presented at trial failed to exclude a reasonable possibility that she did not know methamphetamine was concealed in a shipment addressed to her.

‘Anita Toutaiolepo. Photo/Supplied

Toutaiolepo, 46, was sentenced to life imprisonment for importing more than 137 grams of methamphetamine discovered in a shipment from the United States.

She was later handed a separate sentence on related charges involving six smoking pipes found in the same consignment.

In a strongly worded judgment delivered this week, the appellate bench of Justices Randerson, White and Dalton made it clear that the prosecution had not met the high legal threshold required in criminal cases, particularly on the central question of whether Toutaiolepo had knowledge of the drugs.

The Court said that while the circumstances may have raised suspicion, they did not establish guilt beyond reasonable doubt.

Instead, the judges found it remained reasonably possible that Toutaiolepo’s consistent denial of knowledge was true.

The appeal turned squarely on the issue of what the Court described as “guilty knowledge.” The judges reaffirmed that where a case depends on circumstantial evidence, it must be strong enough to eliminate any reasonable innocent explanation.

If such a possibility remains, the law requires an acquittal.

In examining the case, the Court carefully revisited the reasoning used to convict Toutaiolepo in the Supreme Court and rejected key inferences relied upon by the trial judge.

The Crown had argued that her relationship to those involved in sending the shipment supported an inference that she must have known about the drugs.

However, the Court of Appeal found that assumption unsafe, noting there was no evidence she had any involvement in packing the drum or arranging its shipment from overseas. The judges said it was entirely plausible she had not been told about the drugs, even by family members.

The Court also found that a crucial statement made by Toutaiolepo had been misinterpreted at trial.

While the trial judge viewed her remarks as implying awareness of the illicit goods, the appellate judges disagreed, describing the statement instead as a straightforward denial that she knew about the drugs or owned them.

Similarly, the Court rejected reliance on a customs declaration she had signed stating she knew the contents of the shipment.

In context, the judges said the declaration was not sufficient proof of knowledge, particularly given that Toutaiolepo did not pack the goods, had no control over them, and was not in physical possession of the drum when it was opened and searched by customs officers.

After assessing all of the evidence, the Court concluded that the case against her fell well short of the required standard. It ruled there was insufficient evidence to support the finding that the only possible conclusion was that she knew the drugs were in the shipment.

Instead, the judges said the evidence left open a realistic and reasonable possibility that she was unaware of the drugs — a conclusion that legally mandated her acquittal.

The Court went on to find that a miscarriage of justice had occurred and took the further step of entering formal acquittals on both charges, rather than ordering a retrial.

It held that on the evidence presented, Toutaiolepo should have been acquitted at trial.

By emphasising the “reasonable possibility” that the accused may be innocent, the judgment reinforces the high burden placed on prosecutors, particularly in cases relying heavily on circumstantial evidence rather than direct proof.

Appeal crushed: Former MP Vātau Hui’s indecent assault jail sentence upheld

The Court of Appeal has upheld the prison sentence of less than two years imposed on a former Cabinet Minister and Member of Parliament convicted of indecent assault and strangulation.

MP Vātau Hui

Hui was jailed earlier this year after facing four charges, including three involving alleged sexual violence and one count of violence.

The former Cabinet Minister’s effective prison term is 15 months after the Court ordered his sentences to be served concurrently. He was sentenced to 24 months’ imprisonment for indecent assault, with the final nine months suspended, leaving 15 months to be served.

A further six-month sentence for strangulation will be served at the same time and does not add to the overall term.

The Crown alleged that in February 2023 he threw a chair at the complainant during an argument, and that in June 2023 he indecently assaulted her by touching her breasts for several minutes while she resisted and protested, during which he also strangled her.

An additional allegation of attempted indecent assault in July 2023 resulted in an acquittal.

Following a judge-alone trial, Justice Garlick convicted Hui on two counts of indecent assault and one count of common assault involving strangulation stemming from the June 2023 incident.

He was acquitted on the remaining charges.

Hui appealed Justice Garlick’s verdicts, arguing that the judge had erred in his assessment of consent. The Court of Appeal rejected that claim, finding the trial judge had properly explained why he accepted the complainant’s evidence on one incident while holding reasonable doubt on another.

He also challenged the sentence as manifestly excessive, pointing to his previous good character, his service as a Member of Parliament and Cabinet Minister, and his poor health following a stroke.

The appellate Justices Randerson, White and Dalton did find that the sentencing judge erred in treating Hui’s decision to go to trial as an aggravating factor, emphasising that a defendant’s exercise of the right to trial — even where it requires a complainant to give evidence — cannot lawfully be held against them.

However, the judges concluded that the sentence imposed remained appropriate despite that error.

The Court of Appeal ultimately dismissed both the appeal against conviction and the appeal against sentence.

Tongan man dies after being struck by vehicle while changing tyre in Hawaiʻi

A 59‑year‑old Tongan man has died following a traffic accident on Hawaiʻi Island after being struck by a vehicle while assisting with a tyre change on the roadside.

Sione Tilini

Police said the incident occurred at about 1.22pm on Sunday on Kawaihae Road (Highway 19), near the 65‑mile marker in South Kohala. Officers responding to the scene found that a black 2008 BMW sedan travelling eastbound had veered onto the shoulder and collided with a parked gold 2004 Toyota Camry.

The Toyota was unoccupied at the time but had been stopped on the shoulder facing east. Three people were outside the vehicle on the passenger side changing a front tyre when the collision occurred.

The victim, identified by police as Sione Tilini of Waimea, is believed to have been positioned between and partially underneath the passenger‑side wheels of the Toyota when it was struck. The impact caused the parked vehicle to fall onto him.

Tilini was taken to Queen’s North Hawaii Community Hospital, where he was pronounced dead at 2.47pm.

Two other individuals—a 19‑year‑old and an 11‑year‑old—sustained minor injuries after being struck when the Toyota was pushed forward by the impact. Both were treated at hospital and later released.

The driver and sole occupant of the BMW, a 22‑year‑old Waimea man, was also transported to hospital and remains in critical condition.

Police said the driver was arrested on suspicion of negligent homicide, negligent injury, driving without a licence, driving without insurance, and operating a vehicle under the influence of an intoxicant. A negligent homicide investigation has been launched.

Police are asking anyone who witnessed the crash or has information relevant to the investigation to contact Officer Dayson Taniguchi of the Hawaiʻi Police Department.

The death marks the fourth traffic fatality on Hawaiʻi Island within five days. Earlier this month, two men died in a two‑vehicle collision on Daniel K. Inouye Highway, and a woman was killed in a separate crash on Highway 11 in Hilo.

Sunday’s incident brings the total number of traffic fatalities on Hawaiʻi Island to nine so far this year, compared with 12 at the same time last year.