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Doctor of Fine Arts: Making art from sound, Tongan style

The art of Sione Faletau, who graduated with a Doctor of Fine Arts in September, has shifted and evolved over the years of his studies and across myriad media, but it has always been grounded in Tongan culture and concepts.

Sione Manu Finau Faletau

“Yeah, it’s quite big to get to this level,” agrees Sione Manu Finau Faletau, of being awarded a Doctor of Fine Arts this week. That he would choose to study fine arts at university ‘has been a bit of a learning for my family’, but as he progressed through his studies ‘they got on board’.

Sione has links to the villages of Taunga, Vava’u and Lakepa, Tongatapu, Tonga, and lives in Ōtara, South Auckland. He got interested in art in his final year at high school, which was when, having planned to study architecture, music or possibly English literature, he discovered that art was a subject he could actually study at a university level.

He graduated with his Bachelor of Fine Arts in 2013, which was followed by a Masters degree in 2015. Having been awarded a Prime Minister’s Youth Award and offered a scholarship by Elam, he returned to study for his Doctorate of Fine Arts in 2016.

His practice has changed, shifted and evolved over the years, across a myriad media, but always grounded in Tongan culture and concepts. He initially started out as a painter; having gone to a school with limited resources he thought of art to be largely about drawing and painting. “Elam opened up a new world of art. It was like a different language as well.”

Through his studies and practice he used performance, video, drawing, sculpture, and installation. He finished his masters degree as a performance artist, drawing on Tongan identity as well as lived experiences as a Tongan performer and drummer. “Performance has always been part of my personal life, and came naturally to me,” he says. “So I began to include it in my art practice.”

In his final year of his doctoral studies, he began to move toward a digital-audio practice. “This was during Covid and lockdown, which affected by practice. I couldn’t go to a studio.” The University provided him with computer, which he used initially to create sketches or draw ideas for performance works quickly. “At first it was about speed and efficiency, but digital became my thing,” he says.

“I was still doing our performance works, but I started focusing on different aspects of performance. Sound has always been implemented into my performance practice, but I became more focused on the sound.”

Or more specifically the Tongan concept of ongo, meaning sound, hearing, and feeling, in which he began to use the audio waves spectrum as a material to create kupesi (patterns), to create visual representations of sound and of talanoa (the sharing of ideas), using data and audio wave spectrums and kupesi patterns to manifest sound in a visual form.

He has used the sound of the wind, the sound of musical instruments, the sound of his daughter eating coco pops.

In 2021 he was one of two successful Elam student proposals selected to develop a work for public viewing on The Lightship, the 110-metre-long light wall the Ports of Auckland built on their new car handling building; his work featured a massive sisi (garland) of lights, composed from the sounds of the site, the Ports of Auckland and the Waitematā.

Sione has been making a number of visual statements cross Tāmaki Makaurau as an exhibiting artist. In 2022 he was also invited to create an exhibit for Britomart’s Atrium on Takutai which, called Ongo mei he tapa fa (sounds from the four corners), featured patterns created from the sounds recorded in the atrium.

A video entitled Ongo Ongo shown at the Gus Fisher Gallery at the same time featured patterns based on the sounds of people visiting the gallery, the sounds of the world outside such as the sounds of nearby construction, patterns that feature in the video.

The work also drew on the decorative elements within the television broadcasting building, which referenced the building’s history as a building for purpose-built television and broadcasting studios.

For his Doctor of Fine Arts Sione explored through his art, concepts, expressions and expectations of Tongan masculinity. “It was a personal exploration for me, growing up in a masculine-dominated environment, but also a subject that hadn’t been explored or researched before.”

He has been a long time studying, and a Doctorate meant “a lot of open water, that was sometimes daunting. But at that level you really are on your own. Doing my Doctorate was a new level of discovery for me, especially with my subject.” 

Sione is currently working as gallery coordinator at the Māngere Arts Centre and an artist, but his ultimate aim is to return to Elam School of Fine Arts, as a lecturer. “I did a bit of teaching while I was studying and really enjoyed it. Education is key. I want to be able to give back, to our arts community, to our university community.” 

Concerns raised after overseas suspects of royal slurs not arrested in Tonga

The government has been asked why Tongans from overseas suspected of insulting the royal family on Facebook have not been arrested while visiting the kingdom.

King Tupou VI Photo/File photo

Minister of Justice Samiu Vaipulu was told that some suspects were currently in the kingdom, but Police had done nothing about them.

Hon. Vaipulu was told that it was the government’s responsibility to look out for these people and charge them.

The concerns came three years after the government made a dramatic move to block Facebook and investigate suspected fake Facebook accounts which posted slanders about the king and the royals.  

In 2019 a team of Tongan officials, led by the Attorney General, flew to Australia and met Facebook executives in an attempt to chase down the suspects.

Tongan authorities said at the time they were considering laying treason charges against people insulting the royal family on Facebook. However, they admitted that   Police “struggled to identify who was behind the pages – and whether they were even based in Tonga – and were worried any arrests could “create security issues.”

Lord Tu’ivakanō made the revelation recently in Parliament, but did not identify the suspects.

He told the Minister of Justice some of the suspects were in Tonga.

He said the government should exercise due diligence to make sure the suspects were brought to justice.  

In Tongan he said: “ ‘oku ‘i ai pē fa’ahinga ‘oku lolotonga ‘i he fonua ni ‘oku nau ‘i heni pē na’e ‘i ai pē fa’ahinga na’e ō mai mei muli ka ‘oku ‘ikai ke fai ha ngāue ki ai ka ko e me’a ia ‘a kimoutolu Pule’anga ke mou vakavakai’i ko e taimi ‘oku nau tu’uta ai ko ē ki Tonga ni ‘oku ‘osi tonu ke ma’u e kalasi ko ia”.

Lord Tu’ivakanō said the government should also use its diplomatic relationships with overseas countries to have these people extradited and brought to Tonga.

Hon. Vaipulu said the government was working on the case, but they faced a serious problem because the suspects were living overseas. 

Covid infections may slow in summer; nearly all Pasifika now partially vaccinated

‘Oku taupotu ‘i lalo ha fakamatala faka-Tonga

Rising temperatures could keep number of Covid cases down.

Photo/ RNZ

According to the latest report from the Ministry of Health case numbers have remained flat in recent weeks, but new variants could push the numbers back up.

The Ministry said the rise could be limited by warmer summer months.

A total of 11,205 cases were reported in the latest statement, with 17 deaths.

The Ministry of Health has not released separate reports for Maori and Pasifika since August.

The latest separate report, covering the period up to August 14, said  new cases identified as Pacific Peoples had continued to decrease. A total of 1662 cases were reported for the previous week, a drop of 256 cases.

An additional 29 Pacific Peoples were in hospital for COVID-19 during this period, a reduction of six patients.

A total of  1728 Pacific People had been  hospitalised for COVID-19 up to the date of the report. Three more Pacific deaths had been attributed to COVID-19 by 14 August.

Counties Manukau remained the centre of the outbreak.

In the latest overall report, figures show 91.8% of people of all ethnicities in Counties Manukau were partly vaccinated and 61.9% had received a booster shot.

The latest overall report says a total of 91.7% of Pacific Peoples throughout New Zealand have been at least partially vaccinated and 61.2% have received a booster shot.

The main Omicron subvariant in this country is becoming less dominant as new subvariants emerge.

The Ministry of Health said the BA.5 variant accounted for about 75 percent of cases in the two weeks to 30 September.

The BA.4.6 variant’s share increased sharply in the latest data to 15 percent, while the BA.2.75 variant was also gaining and was up to 10 percent.

The Ministry said new variants were emerging,  but there was  no strong evidence of large increases in transmissibility or disease severity associated with the most recent variants.

Vaccination, including boosters, remained effective at decreasing the risk of hospitalisation and death from the Omicron variant.

Everyone in New Zealand aged 5 or over can get a free COVID-19 vaccination. It does not matter what peoples’ visa or citizenship status is.

FAKAMATALA FAKATONGA

Ko e mahiki ‘a e fuamafana ki ‘olunga ‘e malava ke ne ta’ota’ofi ai pe ‘a e fika ‘o e Koviti’ ‘I lalo.

Fakatatau ki he lipooti  fakamuimui ‘a e Potungāue Mo’ui ‘I ‘Okatopa’ na’e tu’uma’u ‘a e lahi ‘o e ngaahi keisi’ ‘I he ngaahi uike ki mui ni’ ka ne toe hanga ‘e he fōtunga kehe ‘o e Koviti ‘o toe fakatupu ke lahi ange.

Na’e pehē ‘e he Potungāue’ ‘e lava ke ‘ikai toe hiki tō ‘a e fika ‘I he ngaahi māhina ‘o e faha’ita’u māfana’.

Ko e keisi ‘e 11,205 na’e lipooti ‘I he māhina ‘Okatopa’ kau ai ‘a e mate ‘e took 17.

Ko e toko  29 ‘o e kakai Pasifiki’  ne nau ‘I fale mahaki ko e puke ‘I he Koviti’ lolotonga ‘a e taimi ko eni ko e holo’aki ia ‘a e toko ono.   

Ko e fakakātoa ‘o e kakai  Pasifiki’ na’e puke pea tākoto fale mahaki ‘I he taimi ‘o e lipooti ko ‘eni’ ko e toko 1728. Ne toe ‘I ai mo e mate ‘e tolu ‘I he ‘aho 14 ‘Aokosi ne tupu mei he Koviti’.

Ko e ‘Omikoloni fōtunga kehe  ‘I he fonua’ ni ne si’i pe ha’ane toe  ‘u’uku ‘I he taimi ne ‘asi hake ai ‘a e ngaahi fōtunga kehe fo’ou’.

Na’e pehē ‘e he Potungāue Mo’ui’ ko e fōtunga kehe BA.5 ne fe’unga ia mo e pēseti ‘e 75 ‘o e ngaahi keisi uike ua ki mu’a ‘I he ‘aho 30 ‘o Sepitema’.

Ko e fōtunga kehe BA.4 ne mahiki ia ‘I he ngaahi fakamatala fakamuimui ki he pēseti ‘e 15, lolotonga ia’ ko e BA.2.75 ne kaka mo ia’o a’u ki he pēseti ‘e 10.

Na’e pehē ‘e he Potungāue’ ko e ngaahi fōtunga fo’ou ne mahiki ka ne ‘ikai ha fakamo’oni ne lahi ha’ane kaka ‘o mafola pe fu’u ‘I ai ha kaunga ‘a e mahaki ki he ngaahi fōtunga fakamuimui’.  

Ko e huhu malu’I, kau ai ‘a e pusitaa’, ‘oku kei mahino pe ‘a e ola lelei ‘ene holoki ‘a e tu’u fakatu’utāmaki ki ha tokoto falemahaki mo e mate mei he ‘Omikoloni’.

Ko e taha kotoa pe ‘I Nu’u Sila ‘oku ta’u 5 pe laka ai ‘e lava ke ne ma’u ‘a e huhu malu’I Koviti’. ‘Oku ‘ikai ke

Covid infections may slow in summer; nearly all Pasifika now partially vaccinated

‘Oku taupotu heni ha fakamatala fakaTonga

Rising temperatures could keep number of Covid cases down.

According to the latest report from the Ministry of Health case numbers have remained flat in recent weeks, but new variants could push the numbers back up.

The Ministry said the rise could be limited by warmer summer months.

A total of 11,205 cases were reported in the latest statement, with 17 deaths.

The Ministry of Health has not released separate reports for Maori and Pasifika since August.

The latest separate report, covering the period up to August 14, said  new cases identified as Pacific Peoples had continued to decrease. A total of 1662 cases were reported for the previous week, a drop of 256 cases.

An additional 29 Pacific Peoples were in hospital for COVID-19 during this period, a reduction of six patients.

A total of  1728 Pacific People had been  hospitalised for COVID-19 up to the date of the report. Three more Pacific deaths had been attributed to COVID-19 by 14 August.

Counties Manukau remained the centre of the outbreak.

In the latest overall report, figures show 91.8% of people of all ethnicities in Counties Manukau were partly vaccinated and 61.9% had received a booster shot.

The latest overall report says a total of 91.7% of Pacific Peoples throughout New Zealand have been at least partially vaccinated and 61.2% have received a booster shot.

The main Omicron subvariant in this country is becoming less dominant as new subvariants emerge.

The Ministry of Health said the BA.5 variant accounted for about 75 percent of cases in the two weeks to 30 September.

The BA.4.6 variant’s share increased sharply in the latest data to 15 percent, while the BA.2.75 variant was also gaining and was up to 10 percent.

The Ministry said new variants were emerging,  but there was  no strong evidence of large increases in transmissibility or disease severity associated with the most recent variants.

Vaccination, including boosters, remained effective at decreasing the risk of hospitalisation and death from the Omicron variant.

Everyone in New Zealand aged 5 or over can get a free COVID-19 vaccination. It does not matter what peoples’ visa or citizenship status is.

FAKAMATALA FAKATONGA

Ko e tō’olunga ko ‘eni ‘a e fua māfana ‘e ala pukepuke ai pē ‘a e toko si’i ‘o e ngaahi keisi Kōviti.Fakatatau ki ha lipooti ki mui ni ‘a e Potungāue Mo’ui, ko e toko lahi ko ia ‘o e kau puke ‘oku tu’u tatau ai pē ‘i he ngaahi uike kuo hili, ka ko e kalasi fo’ou te ne ala fakatokolahi e kau puke.Na’e pehē ‘e he Potungāue Mo’ui e ala ta’otaofi pē tupu ‘a e kau puke ‘e he māfana ange ‘a e ngaahi māhina ‘o e faha’i ta’u māfana.’I he lau fakamuimui taha ko e keisi ‘e 11,205, mo e mate ai ‘e 17.Kuo te’eki ke toe tuku mai ‘e Potungāue Mo’ui ha lipooti makehe ki he kāinga Mauli mo e Pasifiki talu mei ‘Aokosi.Ko e lipooti fakamuimui ‘o a’u mai ki ‘Aokosi 14, na’e pehē ‘oku mahino mei he ngaahi keisi fo’ou ‘a e holo ai pē ‘a e kāinga Pasifiki.Ko ha keisi fakakātoa ‘e 1662 na’e lipooti ‘i he uike kimu’a, ko ha holo ‘aki ia ha toko 256.’Oku toe tānaki mai mo e kakai pasifiki ‘e toko 29 ‘oku tākoto falemahaki ‘i he Kōviti – 19 ‘i he fo’i vaa’i taimi ko ‘eni, ko e holo ‘aki ia ‘a e kau puke ‘e toko ono.Ko ha toko 1728 ia ‘o e toko lahi ‘o e kakai pasifiki ‘oku tākoto falemahaki ‘i he Kōviti – 19, ‘i he’ene hā ‘i he lipooti fakamuimui. Ko e toko tolu pasifiki na’e toe mate, tu’unga he Kōviti – 19, ‘i he a’u mai ki he ‘aho 14 ‘o ‘Aokosi. ‘Oku kei tu’u pē ‘a Manukau ko e uhonga ia ‘o e mafola ‘a e mahaki. ‘I he lipooti fakalukufua fakamuimui ‘oku pehē ai ko ha 91.7 % fakakātoa ‘o e kotoa ‘o e ngaahi matakali ‘i he vāhenga Manukau kuo nau ‘osi huhu pea ko e 61.9 % kuo nau ‘osi huhu booster. ‘Oku pehē ‘e he lipooti fakamuimui ko e 91.7 fakakātoa ‘o e kakai Pasifiki ‘i Nu’usila kotoa kuo ‘osi huhu malu’i pea 61.2% kuo ‘osi honau huhu booster. Kuo kamata ke vaivai ange ‘a e kalasi ko ia ko e Omicron ‘i he ‘asi hake ko ‘eni ‘a e kalasi fo’ou. Na’e pehē ‘e he Potungāue Mo’ui ko e 75% ‘o e keisi ‘oku lau ia ki he kalasi ko ‘eni ko e BA.5, ‘i ha uike ‘e 2 ‘i he’ene a’u mai ki he ‘aho 30 ‘0 Sepitema. Ko e kalasi ko ia ko e BA.4.6 ‘oku vave mo ‘ene kaka hake ki ‘olunga ‘o a’u ki he 15%, kae 10% ‘a e kalasi BA.2.75Na’e pehē ‘e he potungāue ‘oku ‘asi hake ha kalasi fo’ou ka ‘oku te’eki ha fakamo’oni mālohi ki ha vave ‘ene mafola pe fu’u fakatu’utāmakiKo e huhu malu’i kau ai ‘a e booster, ‘oku kei tu’u mo e ola lelei ‘i hono fakasi’isi’i ‘o e tākoto falemahaki mo e mate mei he kalasi Omicron.’Oku ‘atā ke huhu Kōviti -19 ‘a e taha kotoa pē ‘i Nu’usila ni ‘oku ta’u 5 pe lahgi ange. ‘Oku ‘ikai toe fakalaulau pe ko e hā e visa pe tu’unga e nofo he fonua ni.

Biden: Nuclear ‘Armageddon’ risk highest since ’62 crisis

NEW YORK (AP) — President Joe Biden said Thursday that the risk of nuclear “Armageddon” is at the highest level since the 1962 Cuban Missile Crisis, as Russian officials speak of the possibility of using tactical nuclear weapons after suffering massive setbacks in the eight-month invasion of Ukraine.

Speaking at a fundraiser for the Democratic Senatorial Campaign Committee, Biden said Russian President Vladimir Putin was “a guy I know fairly well” and the Russian leader was “not joking when he talks about the use of tactical nuclear weapons or biological or chemical weapons.”

Biden added, “We have not faced the prospect of Armageddon since Kennedy and the Cuban Missile Crisis.” He suggested the threat from Putin is real “because his military is — you might say — significantly underperforming.”

U.S. officials for months have warned of the prospect that Russia could use weapons of mass destruction in Ukraine as it has faced a series of strategic setbacks on the battlefield, though Biden’s remarks marked the starkest warnings yet issued by the U.S. government about the nuclear stakes.

It was not immediately clear whether Biden was referring to any new assessment of Russian intentions. As recently as this week, though, U.S. officials have said they have seen no change to Russia’s nuclear forces that would require a change in the alert posture of U.S. nuclear forces.

“We have not seen any reason to adjust our own strategic nuclear posture, nor do we have indication that Russia is preparing to imminently use nuclear weapons,” White House press secretary Karine Jean-Pierre said Tuesday.

The 13-day showdown in 1962 that followed the U.S. discovery of the Soviet Union’s secret deployment of nuclear weapons to Cuba is regarded by experts as the closest the world has ever come to nuclear annihilation. The crisis during President John F. Kennedy’s administration sparked a renewed focus on arms control on both sides of the Iron Curtain.

Biden also challenged Russian nuclear doctrine, warning that the use of a lower-yield tactical weapon could quickly spiral out of control into global destruction.

“I don’t think there is any such a thing as the ability to easily use a tactical nuclear weapon and not end up with Armageddon,” Biden said.

He added that he was still “trying to figure” out Putin’s “off-ramp” in Ukraine.

“Where does he find a way out?” Biden asked. “Where does he find himself in a position that he does not not only lose face but lose significant power within Russia?”

Putin has repeatedly alluded to using his country’s vast nuclear arsenal, including last month when he announced plans to conscript Russian men to serve in Ukraine.

“I want to remind you that our country also has various means of destruction … and when the territorial integrity of our country is threatened, to protect Russia and our people, we will certainly use all the means at our disposal,” Putin said Sept. 21, adding with a lingering stare at the camera, “It’s not a bluff.”

White House national security adviser Jake Sullivan said last week that the U.S. has been “clear” to Russia about what the “consequences” of using a nuclear weapon in Ukraine would be.

“This is something that we are attuned to, taking very seriously, and communicating directly with Russia about, including the kind of decisive responses the United States would have if they went down that dark road,” Sullivan said.

Ukraine President Volodymyr Zelenskyy said earlier Thursday that Putin understood that the “world will never forgive” a Russian nuclear strike.

“He understands that after the use of nuclear weapons he would be unable any more to preserve, so to speak, his life, and I’m confident of that,” Zelenskyy said.

Biden’s comments came during a private fundraiser for Democratic Senate candidates at the Manhattan home of James and Kathryn Murdoch. He tends to be more unguarded — often speaking with just rough notes — in such settings, which are open only to a handful of reporters without cameras or recording devices.

Campaigner sued by Princess Pilolevu appeals for ‘urgent’ financial supports to pay legal expenses

The Tongan crusader of ‘Say no to drugs’ campaign is appealing to his supporters for more money to help fund his legal costs.

Afimeimo’unga Hola

Anti-drugs Campaigner Afimeimo’unga Hola said he needed it urgently for this Friday.

He said he would use the money to cover legal expenses of his two remaining civil court cases filed by the Princess and an Indian businessman.

Hola also said the decision for the defamation lawsuit filed against him by Deputy Prime Minister Sāmiu Vaipulu is expected to be announced on Tuesday next week. Lawyer Clive Edwards Senior and another Indian businessman sued Hola but he said the duo had cancelled the legal actions.

It comes after the Princess sued Hola following an allegation he made during his national anti-drugs campaign.

The allegations triggered others including Hon Vaipulu, Edwards and the Indian business operators to sue Hola.

The Princess had described the allegations as lies and is suing Hola for TOP$10,000.

Hola was widely supported by the PTOA Kolope Foundation (Democrats) supporters with chapters from the US, New Zealand and Australia raising TOP$22,000 to pay for his lawyers and legal fees last year.

Hola was at the centre of media attention last year as a former user who has become an anti-drugs campaigner, working with school children and warning them of the evil nature of the trade.

He had been described as the first major crusader against drugs in Tonga

He was previously banned by the courts from using Facebook and the internet while his cases were before the magistrate’s court.

Prisons Commissioner accused of lying over denial of Lavulavu’s meeting while on leave of absence

Tonga’s Prisons boss Sēmisi Tapueluelu is facing accusations of lying over his denial of prisoner and fraudster ‘Etuate Lavulavu’s attending a meeting to seek financial assistance for his legal expenses.

Prisons Commissioner Sēmisi Tapueluelu. Photo/Ombudsman Office Tonga (cropped)

On August 8, a statement which appeared to have been released from Mr Tapueluelu’s office said that it “wishes to correct the media misinformation suggesting that Prisoner ‘Etuate Lavulavu’s Leave of Absence (LOA) was approved to attend a meeting with Ports of Authority Tonga (PAT) on behalf of Inter-Pacific Ltd (IPL)”.

“We would like to clarify that prisoner ‘Etuate Lavulavu’s LOA was not approved to attend a meeting on behalf of  IPL with PAT”, the statement read.

However, a court document seen by Kaniva News this week proved otherwise.

In his response to the Lord Chief Justice on June 22 after Justice Whitten raised his concern after a complaint from a senior lawyer over Lavulavu’s LOA in question, Mr Tapueluelu confirmed that Mr Lavulavu was indeed granted a leave of absence (LOA)  to attend the meeting at the Ports Authority Tonga office.

“In particular to your concerns Mr Lavulavu as per his LOA conditions requested permission to attend a meeting at Ports Authority Tonga for financial assistance which was granted”, Mr Tapueluelu told the Lord Chief Justice.

“This is in reference to his meeting with Inter Pacific Limited which owes a debt to Mr Lavulavu”, he also said.

 “Based on your email we issued a revocation order of his LOA and he was escorted back to Tolitoli Prison on the same day. He was given an opportunity to provide an explanation and we conducted a brief investigation of the case”.

Our report yesterday on Lavulavu’s LOA and the email exchanges between the Lord Chief Justice and Mr Tapueluelu had attracted criticisms from local media denouncing what appeared to be Mr Tapueluelu’s false denial of the media reports at the time.

Lord Chief Justice concerns

As Kaniva News reported yesterday, the email exchanges between Mr Tapueluelu and the Lord Chief Justice appeared to show Mr Whitten was  seriously concerned after he received the complaint against Mr Lavulavu’s leave. 

Mr Whitten emailed Tapueluelu and said: “I bring this to your attention, in case you were not aware, as Mr Lavulavu is currently supposed to be serving a prison sentence.

“Could you kindly explain the basis upon which Mr Lavulavu was granted a leave of absence for this purpose?” Mr Whitten asked Mr Tapueluelu.

“My reading of the Prisons Act, and the purposes specified for a leave of absence, such as medical examination, assessment or treatment; to attend an educational or training course; to participate in paid employment or community service; or compassionate purposes, makes it difficult to see how a business meeting might fall within the last of those prescribed, namely, ‘any other purpose as the Commissioner thinks fit.”

The Lord Chief Justice also wanted to know about prisoners medical leave grounds and entitlements. He asked the Commissioner to explain the prison food after Lavulavu’s health practitioner Dr Sione Lātu’s repeated recommendation of a ‘home care’ for him. Mr Whitten also asked Mr Tapueluelu whether this needs a leave of absence be granted for the entirety of Mr Lavulavu’s sentence.

“On the basis of Mr Lavulavu ‘s visit to the Ports Authority being for the indirect purpose of procuring funds for his legal expenses on his appeal (in which he is now representing himself), can any prisoner be granted a leave of absence for the purpose of working to earn money for his/her legal expenses?” asked Mr Whitten.

Mr Tapueluelu did not respond to these concerns by the Chief Justice.

Regarding Lavulavu’s LOA, Tapueluelu said: “I talked to the Ports authority Chief Executive Officer Mr ‘Alomailesini about Mr Lavulavu ‘s involvement in this official meeting. He asserted that it was not a board meeting nor an official meeting. It was a ten-minute follow-up on any debt owed by PAT to IPL. Mr Lavulavu ‘s presence was simply to inquire of the debt owed by IPL to him to pay for his appeal.

“Mr Lavulavu did not breach his LOA conditions.”

The judge said it was not clear why Lavulavu had to visit the Ports Authority simply because he claimed that Inter Pacific owed him money.

“One would have expected such matters to be dealt with by further correspondence or telephone and by Inter Pacific ‘s own lawyer,” Lord Chief Justice Whitten said.

“It is not clear why a “Revocation Order” of Mr Lavulavu’s leave of absence was issued upon receipt of my enquiry if the reason for him being at the Ports Authority was known to the Prison in advance and had been approved.”

‘Etuate and his wife Akosita Lavulavu, who was then a Cabinet Minister, were convicted of three counts of obtaining a total of TP$558,600 by false pretences.

They were sentenced last year to six years imprisonment with the final year of Mrs Lavulavu’s sentence being suspended for two years on conditions. They appealed against their sentences which was expected to be heard next month.

Mr Whitten’s concerns come after critics were seriously concerned about the timing of the temporarily release of the Lavulavus in August last year, just about a month after Mr Whitten denied their bail bid on July 9, 2021 while awaiting their upcoming appeal application.

It was reported at the time that the release was made under the Prisons Commissioner’s legal discretion.

Financial authority lists Dubai-based Validus as a scam, warns people not to invest or trade

The Financial Markets Authority has listed a financial company popular with some Tongans as a scam.

The FMA urged people not to trade or invest with the company.

“We are concerned that Validus is operating in breach of the New Zealand financial markets legislation,” the Authority said.

“Validus is providing financial services in New Zealand without registration as a financial service provider as required by the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

“We strongly recommend that investors do not trade or invest with entities that are not registered and/or licensed in New Zealand.”

The Tongan community has already been affected by scams, including pyramid schemes in which people have lost hundreds of thousands of dollars.

In June Kaniva News reported on a Onecoin scam that cost people thousands of dollars, including a woman who lost all her savings.

As we reported at the time, the Financial Markets Authority warned that scammers often took advantage of people’s desire to achieve financial goals such as owning a home, promising to help them ‘get rich quick’ with little or no risk of losing their money.

However, the FMA warned that if people handed over money it could be very hard to get it back. It said Pacific communities in New Zealand were more at-risk from investment scams.

Scammers often took advantage of close-knit community groups such as churches, convincing one member who then helps them convince others in the group.

Validus launched its services with an event at the Trusts arena in West Auckland  on August 5.

Validus appears to be based in Dubai. It claims to offer a 500% return on investments in just 13 months, but it is clear that people are expected to keep selling the scheme to others to keep money coming in – what Validus calls “affiliate marketing.”

Returns on such schemes are only possible so long as new investors sign up. When people become aware of the nature of the scheme and stop investing, there is no more money and the scheme collapses, leaving everybody – except the scheme’s operators – out of pocket

Some Tongans have urged others to invest in the company and attend their seminars in Auckland.

They have claimed that the seminars and the presence of company staff in Auckland meant they were legitimate.

Some have even printed t-shirts with the name of Validus and distributed them to members of the Tongan community. They have also promoted it online.

Others have described the company as a scam because of the way they collected money and recruited people. They registered their members by collecting their identities, addresses and personal information before allowing them to deposit their money. 

Validus describes itself on its website as a “training academy.”

It claims to offer a brokerage service registered in the Caribbean islands of St Vincent and the Grenadines, which have been described by the US State Department as a major centre for laundering drug money.

Covid-19 update: 9809 new community cases reported this week, 166 people in hospital

‘Oku taupotu ‘i lalo ha fakamatala fakaTonga

There are 9809 new community cases of Covid-19 in the country in the last week, the Ministry of Health is reporting.

There have been 54 virus-related deaths in that time.

One of those who died was less than 10 years old, one was in their 30s, two were in their 40s, two were in their 50s, seven were in their 60s, 11 were in their 70s, 16 were in their 80s and 14 were aged over 90. Of these people, 24 were women and 30 were men.

Of the deaths being reported today, 12 were from the Auckland region, five were from Waikato, three were from Bay of Plenty, two were from Lakes, one was from Tairawhiti, two were from Hawke’s Bay, one was from Taranaki, four were from MidCentral, three were from Wellington region, two were from Nelson Marlborough, nine were from Canterbury, three were from South Canterbury and six were from Southern.

There were also 166 people in hospital with the virus, including eight in ICU.

Last week Ministry of Health Deputy Director-General Dr Andrew Old said case numbers were continuing to decline but “Covid is not going away”.

Some secondary school principals are warning that many Year 13 students are doing badly this year.

They say the cumulative effect of two-and-a-half years of pandemic disruption has taken a heavy toll on many teenagers’ achievement and motivation.

Schools are trying to find extra teachers and tutors so they can spend their share of $20 million for catch-up learning.

FAKAMATALA FAKATONGA

‘Oku ‘i ai ‘a e keisi Kōviti – 19 fo’ou ‘i he komiunitī ‘i he fonua ni ‘i he uike kuo ‘osi, ko e lipooti mei he Potungāue Mo’ui.Na’e hoko mo e mate ‘e 54 pea ‘oku fekau’aki ‘eni mo e vailasi.Ko e taha ‘o e kau mate na’e si’i hifo ia ‘i he ta’u 10, taha na’e ta’u tolungofulu tupu, ua ta’u fāngofulu tupu, ua nimangofulu tupu, toko fitu onongofulu tupu, toko 11 ta’u 70, 16 ta’u valungofulu tupu, 14 hivangofulu tupu. Ko e toko 24 ‘o e kakai ko ‘eni ko e kakai fefine pea toko 30 ko e kakai tangata. Ko e kau mate na’e lipooti mai ‘i he ‘aho ni, ko etoko 12 mei he vāhenga ‘Aokalani,5 mei Waikato, 3 mei Bay of Plenty, 2 mei Lakes, 1 mei Tairawhiti, 2 mei Hawkes Bay, 1 mei Talanaki, 4 mei MidCentral, 3 mei he vāhenga Uelingatoni, 2 mei Nelson Marlborough, 9 mei Canterbury, 3 mei he fakatonga ‘o Canterbury, mo e 6 mei Southern. ‘Oku ‘i ai ‘a e kakai ‘e toko 166 ‘oku tākoto fale mahaki ‘i he vailasi, kau ai mo e toko 8 ‘i he tauhi’anga kau mahaki tokanga’i makehe. Na’e pehe ‘e he Tokoni Talekita Pule ‘o e Potungāue Mo’ui ‘i he uike kuo ‘osi, Dr Andrew Old, ‘oku holo ai pē ‘a e toko lahi ‘o e kau puke ki lalo ka ‘oku te’eki pe ke mavahe ‘a Kōviti.’Oku fakatokanga ‘a e kau puleako ‘o e ngaahi kolisi ki he ‘ikai sai ‘a e ako ‘a e fānau ako ta’u 13 ‘i he ta’u ni. ‘Oku nau pehē ko e ola ‘eni ‘o e ta’u ‘e 2 mo e konga ‘o e mahaki faka’auha kuo ‘ikai ola lelei ai e ako mo ‘ikai toe fie ako e toko lahi ‘o e to’utupu. ‘Oku feinga ‘a e ngaahi ako ke kumi ha kau faiako mo ha kau tiuta makehe ke faka’aonga’i ai ‘a e pa’anga ‘e 20 miliona, ke tulituli hake ‘a e polokalama ako. 

Lord Chief Justice rejects Lavulavu’s request to stand down from his second bail hearing

An application by disgraced former politician ‘Etuate Lavulav for Lord Chief Justice Whitten to recuse himself from hearing his second bail application has been dismissed.

(L-R) ‘Etuate Lavulavu and ‘Akosita Lavulavu

Lord Chief Justice Whitten, presiding, told the Court of appeal that Lavulavu had not proven that there were grounds under which he should stand down.

On June 4, 2021, Lavulavu and his wife, who was then a Cabinet Minister, were convicted of three counts of obtaining a total of TP$558,600 by false pretences.

On 30 June 30, 2021 , they appealed against their convictions.

On July 2,  2021 they were sentenced to six years imprisonment with the final year of Mrs Lavulavu’s sentence being suspended for two years on conditions. They appealed against their sentences and filed an application for bail. The application was dismissed by Judge Whitten.

On July 7 this year the couple filed a second application for bail.

On July 29 Mr Lavulavu filed an application for Lord Chief Justice Whitten to step down  and not hear the application.

Mrs Lavulavu did not join in the recusal application.

Mr Lavulavu claimed that the judge should not hear the second bail application because he had a conflict of interest and/or might actually or presumably be biased against him.

He based his claim on the fact that the judge had presided over civil proceedings between the  ‘Unuaki ‘o Tonga Royal Institute and the Lavulavus and the Auditor General.

He also cited the fact that the judge had heard and refused the first bail application.

He also cited the fact that the judge had communicated with the Commissioner of Prisons in relation to a recent leave of absence granted to Mr Lavulavu.

The judge said the original civil proceedings began before he took up his office in Tonga. He case managed the proceeding until it was almost ready for trial, but  did not make any rulings in relation to any of the issues in dispute or in respect of Mr Lavulavu.

The second claim regarding the two bail applications was also dismissed. The judge said the first application was under-prepared. The second appeal contained a far more developed set of arguments.

“If there are more developed arguments or other arguments to be considered on the second bail application, then my refusal of the first could have no impact on my consideration of the second,” the judge said.

The third grounds concerned communications between the judge and the Commissioner of Prisons.

On June 4, 2022, Lord Chief Justice Whitten wrote to the Commissioner of Prisons, Semisi Tapueluelu, to say that he had been told that Lavulavu had attended a meeting at the offices of the Port Authority in relation to a company by the name lnter Pacific Limited.

“I bring this to your attention, in case you were not aware, as Mr Lavulavu is currently supposed to be serving a prison sentence,” the judge wrote.

“Could you kindly explain the basis upon which Mr Lavulavu was granted a leave of absence for this purpose? My reading of the Prisons Act, and the purposes specified for a leave of absence, such as medical examination, assessment or treatment; to attend an educational or training course; to participate in paid employment or community service; or compassionate purposes, makes it difficult to see how a business meeting might fall within the last of those prescribed, namely, ‘any other purpose as the Commissioner thinks fit ‘.”

Tapueluelu said Lavulavu had been granted a leave of absence for a medical assessment and to meet with his legal counsel.

“His state of health is deteriorating according to specialist Dr Sione Latu,” the commissioner wrote.

“Based on your email we issued a revocation order of his LOA and he was escorted back to Tolitoli Prison on the same day.

“I talked to the Ports authority Chief Executive Officer Mr ‘Alomailesini about Mr Lavulavu ‘s involvement in this official meeting. He asserted that it was not a board meeting nor an official meeting. It was a ten-minute follow-up on any debt owed by PAT to IPL. Mr Lavulavu ‘s presence was simply to inquire of the debt owed by IPL to him to pay for his appeal.

“Mr Lavulavu did not breach his LOA conditions.”

The judge said it was not clear why Lavulavu had to visit the Ports Authority simply because he claimed that Inter Pacific owed him money.

“One would have expected such matters to be dealt with by further correspondence or telephone and by Inter Pacific ‘s own lawyer,” Lord Chief Justice Whitten said.

“It is not clear why a “Revocation Order” of Mr Lavulavu’s leave of absence was issued upon receipt of my enquiry if the reason for him being at the Ports Authority was known to the Prison in advance and had been approved.”

“The text of the emails clearly states that the purpose of those communications was to inquire of the Commissioner of Prisons about Mr Lavulavu’s leave of absence but more importantly how the Commissioner of Prisons exercised his discretion under S. 46 of the Prisons Act in relation to the granting of a leave of absence.

“The significance in the current context was that where applications for bail pending appeal are made, the availability of a leave of absence during the relevant period could be a relevant consideration.

“Therefore, in my view, those exchanges do not contain any expression on my part which reflect any prejudice or affect my ability to impartially consider and determine the second bail application.

“Accordingly, the third ground also fails.

“The application for recusal is dismissed.”