Identical triplets have graduated with law degrees on the very same day.
Cale, Max and Jackson Tu’inukuafe, who are of Tongan heritage through their father, all graduated from the Victoria University of Wellington, New Zealand this week.
Triplets are rare, and according to the American Society for Reproductive Medicine identical triplets only occur once in every 10,000 births.
Middle brother Max, says its a special bond that they share.
“It’s a closeness in relationship – its like a higher version of brothers. We’ve been together since day one so we’re very close,” he said.
The brothers with Luamanuvao Dame Winnie Laban Photo: Canterbury University
In Tongan, triplets are known as Mahanga Tolu – literal translation “twin three”.
The Auckland-based Tu’inukuafe trio all wanted to study law and decided to all move down together to study at Te Herenga Waka-Victoria University as it provided something new.
There’s an inseparable bond of support but they are also competitive.
“We’re always constantly grinding to get on top of each other, but at the end of the day, we all end up being pretty even,” said Max.
“Yeah no, we’re extremely competitive with each other,” said the youngest of the three, Jackson.
“We have our ups and downs because we clash with each other…but we’re still pretty good friends,” he added.
The quirks of triplets
The identical triplets and looking the same has its quirks with many unable to tell the difference.
“We’ve gotten used to seeing people that our brothers know but that we don’t know – we act like we know them because one of our brothers might be friends with them,” Jackson said.
Having three lookalikes on the rugby pitch would pose an intimidating presence with the brothers looking out for each other when they play.
“There’s been a few years where we played on the same rugby team,” said Max
“If anything happened to one of us, the other two would go over and help him out – it was pretty good, playing with my brothers,” he added.
A celebration of Pasifika achievement
Photo: Canterbury University
The triplet’s graduation is cause for celebration for the Pasifika Hub at Victoria University, a designated Pasifika team that aims to improve representation and support for staff and students.
Pasifika are under-represented in law in New Zealand, so having three enter the legal arena at the same time is quite a feat.
The trio are now pursuing careers as lawyers and are working for firms in Auckland.
“It’s a really proud feeling that we can represent our Tongan heritage and hopefully encourage young pasifika to pursue a tertiary degree,” said Cale.
“We had a very Palangi upbringing but are very proud of our Tongan heritage,” he added.
A Tongan businesswoman has come forward to claim Naomi Ballantyne as a cousin.
Ballantyne’s story was widely shared on social media after Kaniva News covered a report in the New Zealand Herald.
Daniel Guttenbeil Fifita (L) and Naomi Ballantyne. Photo/Supplied
It became the top story of the week among other local media which republished it.
Ballantyne has been the focus of a number of industry and general media reports in the past because of her personal and industry achievements and her work with the Pasifika community.
Ballantyne has created and sold three of the biggest insurance brands in New Zealand.
Her latest sale was of Partners Life, which she started in 2011 for about $1 billion to Japanese life insurer Dai-ichi Holdings.
Ballantyne was quick to correct the impression that she had become a billionaire, saying there were other shareholders.
She earlier sold ClubLife to ING in 2009.
Many of our readers wanted to know about her Tongan connection and which family name she belonged to in Tonga.
According to an earlier report, Ballantyn’e s mother was German-Samoan, but she spent her formative years in Tonga before settling to raise her family on Auckland’s North Shore. Ballantyne takes part in Pasifika business events Tongan and her father Canadian.
According to the Herald her mother was a gambler and her father an alcoholic. She grew up without any money and was working from the age of 13.
While Ballantyne declined a request for an interview with Kaniva News, a businesswoman in Tonga, Yvette Guttenbeil, came forward and said she was Ballantyne’s second cousin.
Guttenbeil said Ballantyne’s mother’s maiden name was Evelyn Guttenbeil. She was born in Vavaʻu, the daughter of Herman Guttenbeil and Flora Crichton-Guttenbeil.
Yvette Guttenbeil
Her older brothers Jim Guttenbeil and Gerhardt Guttenbeil (from Hermanʻs first marriage) continued to live in Vavaʻu when their siblings, including Evelyn, migrated to New Zealand.
Guttenbeil said Ballantyne’s grandfather Herman and her grandfather Charles were brothers.
She told Kaniva News that her nephew Daniel Guttenbeil Fifita and his two brothers worked at Ballantyne’s company.
“We are all very proud of her massive achievement and her tribute to her mother,” Guttenbeil said.
PNG Prime Minister James Marape (top right) did not give a firm answer on the signing of the controversial US-PNG Defence Cooperation Agreement. Montage: PNG Post-Courier
By Lawrence Fong and Gorethy Kenneth in Port Moresby
United States President Joe Biden yesterday apologised to Prime Minister James Marape and the people of Papua New Guinea for abandoning his planned trip to Port Moresby, and instead is sending Secretary of State Anthony Blinken.
Details of Blinken’s travel to PNG are still being finalised and will be announced soon, but he will be here on Monday, Marape said.
He said Blinken would be involved in bilateral dialogue with the PNG government and leaders of the Pacific Island countries.
Marape, while addressing journalists yesterday afternoon, had to excuse himself twice during the hour-long address, to take calls from the White House and from Biden.
He said Biden was apologetic but had given his commitment to visit PNG and the region in the near future.
Marape also talked about the benefits of the US-PNG Defence Cooperation Agreement, downplaying fears that the agreement was unconstitutional and would sacrifice PNG’s sovereignty.
“Sorry I didn’t mean to be rude, but this call that came in this time, you know the US President is a very important man, he is not easily accessible, he’s got stiff protocols to access him and I was privileged on behalf of our people that he placed a call directly through my cell phone,” Marape said in apology to the local and international journalists in attendance.
“We spoke and I just stepped out and got his call.
‘Sincerest apology’ “He [President Biden] conveyed his sincerest apology that he cannot make it into our country.
“I did place an invitation to him that the next earliest available time, please come and visit us here, but he has confirmed that he has directed Secretary of State Anthony Blinken to arrive here on Monday to meet with us for a specific bilateral with Papua New Guinea as well as a regional meeting with the Pacific Island leaders.
“He did invite again the Pacific Island leaders for a continuation of a progressive continuation of the meeting that we initially held last September in Washington.
“And so those were the reasons why I stepped out.”
Marape also said he had invited Biden to visit PNG whenever he could, and Biden had agreed.
He said that when Biden came, he would be able to sign the Ship Riders Agreement with PNG.
He said the agreement had been approved, and was ready for signing.
But he did not give a firm answer on the signing of other, more controversial agreement, the US-PNG Defence Cooperation Agreement.
He said the agreement was done within the confines of PNG laws, and assured the people that it would be of benefit to the country.
Rabuka arrived in the country today and paid a courtesy call on the Governor-General.
By way of introduction, the Prime Minister and his delegation performed a traditional Fijian reconciliation ceremony complete with the presentation of a whale tooth, a significant Fijian traditional gift, to the Governor-General.
The traditional ceremony that Prime Minister Rabuka performed sought forgiveness and reconciliation on behalf of the people of Fiji for the closure of the Fiji High Commission in PNG in 2020.
Lawrence Fong and Gorethy Kennethare PNG Post-Courier reporters. Republished with permission.
The tsunami warning broadcast today for New Caledonia on RRB, a commercial radio station, applies to all islands, with people being asked to evacuate coastal areas for higher ground. Image: NEMA/RNZ Pacific
New Zealand’s National Emergency Management Agency (NEMA) is warning coastal areas are expected to experience strong and unusual currents and unpredictable surges following a magnitude 7.7 earthquake in the Pacific.
A tsunami threat was issued for Vanuatu, Fiji and New Caledonia after the 7.7 magnitude earthquake struck southeast of the Loyalty Islands.
The warnings were issued just after 3pm by the Pacific Tsunami Warning Centre. The earthquake was nearly 38 km deep.
In its warning, NEMA said: “Strong currents and surges can injure and drown people. There is a danger to swimmers, surfers, people fishing, and anyone in or near the water close to shore.
“People … should move out of the water, off beaches and shore areas and away from harbours, marinas, rivers and estuaries.”
The first tsunami activity causing these strong currents and surges may reach New Zealand in the areas North Cape at approximately 5pm, NEMA said.
“This may be later and the first tsunami activity may not be the most significant. Strong and unusual currents and unpredictable surges will continue for several hours and the threat must be regarded as real until this advisory is cancelled.”
Coastal inundation was not expected, NEMA said.
The areas under threat:
The West Coast of the North Island from Cape Reinga to Whanganui including the West Coast of Auckland, Manukau Harbour and New Plymouth
The East Coast of the North Island from Cape Reinga to Tolaga Bay including Whangārei, Great Barrier Island, the East Coast of Auckland, Waiheke Island, Waitematā Harbour, Tauranga, Whakatane and Opotiki
The West Coast of the South Island from Farewell spit to Milford Sound including Westport, Greymouth and Hokitika
Advice for people in areas under threat:
Stay off beaches and shore areas
People on boats, liveboards and at marinas should leave their boats/vessels and move onto shore. Do not return to boats unless instructed by officials
Move out of the water, off beaches and shore areas and away from harbours, marinas, rivers and estuaries
Do not go to the coast to watch the unusual wave activity as there may be dangerous and unpredictable surges
There is no need to evacuate other areas unless directly advised by local civil defence authorities
Listen to local civil defence authorities and follow any instructions and share this information with family, neighbours and friends
A tsunami forecast map issued by the National Emergency Management Agency today after an earthquake in the Pacific near the Loyalty Islands. Omage: NEMA
RNZ Pacific senior reporter Walter Zweifel said the warning broadcast for New Caledonia on RRB, a commercial radio station, applied to all islands, with people being asked to evacuate coastal areas for higher ground.
Vanuatu Meteorology and Geo-Hazards Department issued the following statement: “An earthquake of this size has the potential to cause destructive tsunami that can strike coastlines near the epicenter within minutes and more distant coastlines within hours.
“The National Disaster Management Office advises people over all Vanuatu group to take appropriate action and precautionary measures upon receiving this advisory. This includes immediate evacuation from coastal areas to higher grounds.”
This article is republished under a community partnership agreement with RNZ.
An expert on Covid-19 data says figures showing that the number of reported Covid-19 cases in children aged 5 to 14 has more than doubled is “a bit of a warning signal.”
According to a recent government report, the number of infected children aged between five and 14 has risen since schools went back at the end of April.
Health New Zealand data showed that, between April 24 (when term two began for most schools) and this week, the rolling seven-day average of reported cases per 100,000 people in this age group grew 168%.
This was four times the rolling case rate for people aged 15 to 24 and more than six times the rate for 25 to 44-year-olds.
Dr Emily Harvey from Covid-19 Modelling Aoteoroa said the number of cases among children was higher that would be expected.
However, she told Stuff that there were things that could be done.
She said action could be taken to improve classrooms ventilation.
Low levels of Covid-19 vaccination in children could also be raised.
“It’s not too late to do something about that, either”.
According to the Ministry of Health in the week ending May 14 there were 11,739 new cases overall.
FAKAMATALA FAKATONGA
Kuo pehe ‘e ha taukei ‘oku ‘ikai ko ha faka’ilonga lelei ‘a e mahino mai kuo tapolo ‘a e fika ‘o e fanau iiki ta’u 5 ki he 14 kuo ma’u ‘e he Koviti.
Fakatatau ki he lipooti ‘a e pule’anga Nu’u Sila ne mahiki ‘a e lahi ‘o e puke ‘a e fanau ko eni ‘i he’enau toe foki ki lokiako he faka’osinga ‘o ‘Epeleli.
Ko e teita mei he Potungaue Mo’ui ‘a Nu’u Sila a’u ia ki he peseti ‘e 168 ‘a e fanau he vaa’i ta’u ko eni mei ‘Epeleli ‘aho 24 ki he ‘aho ni, ko ha fika ia mei he toko 100,000 ne puke.
Oku liunga fa ‘eni ia ‘i he to’u ta’u 15 ki he 24 laka ‘aki ia ‘a e liunga ono ‘o kinautolu puke he ta’u 25 ki he ta’u 44.
Pehe ‘e Dr Emily Harvey mei he Covid-19 Modelling Aoteoroa ko e fika ‘i he kauleka ko eni oku puke ‘oku laka ia he fika ne fai ‘a e ‘amanaki ki ai.
Ka na’a ne pehe ‘e lava pe ke fai ha me’a ki ai hange ko hano fakalelei’i ‘o e venitileisini ‘o e ngaahi lokiako pea ke hiki hake mo e levolo ‘e toki ngofua ai ke huhu malu’i ha leka.
Na’a ne pehe ‘oku te’eki tomui ‘eni.
Fakatatau ki he Potungaue mo’ui na’e ‘i ai ‘a e keisi fakakatoa ‘e he 11739 ‘i he uike’eki ‘o Me ‘aho 14.
A Tongan man who kicked and punched his partner to death as she lay on the floor must serve at least 11 years for her murder.
Peter Vi in the dock of the High Court at Hamilton where he was jailed for 11 years and nine months for the brutal murder of his partner in 2021. Photo / Belinda Feek
Peter Vi, 59, was jailed after he was found guilty of beating Georgina Ngataki with both arms while she was saying “don’t”.
The 55-year-old mother and grandmother suffered massive head injuries.
Vi’s actions were labelled “cold blooded” and “callous” from the afternoon of September 22, 2021, in which he left his partner, Georgina Ngataki, to die on the floor of her Wellington St flat, surrounded in blood after a brutal attack, theNew Zealand Herald reported.
Ngataki’s bereaved whānau got to share their frustration, anger, and grief at the loss of a beloved grandmother, mother, sister, and aunty at Vi’s sentencing in the High Court at Hamilton recently.
Vi launched his frenzied attack of kicks and punches after getting into an argument with Ngataki while drinking.
Court documents state after bashing her, he was heard to say, “Oh no, she’s not dead” before leaving the 55-year-old on the floor, changing out of his shorts, and fleeing.
He would return minutes later.
Not to seek help, but pick up the remainder of his box of New Zealand lager beers he had been drinking.
Vi first appeared in the Hamilton District Court in September 2021 charged with wounding with intent to cause grievous bodily harm.
That charge was upgraded to murder after Ngataki later died of her injuries, which included a concaved skull and other trauma to her head.
Crown prosecutor Rebecca Guthrie said the impact of Ngataki’s death on whānau had been significant and long-lasting.
She told Justice Mathew Downs that whānau who were in court to see him jailed would hear the full extent of Vi’s “callous” attack for the first time.
It was callous, she said, as the 59-year-old left Ngataki on the floor without seeking help, while the blows of his kicks and punches were so loud they could be heard by neighbours.
She was also vulnerable, both due to the size differential between the pair and also her having suffered a brain aneurism some years previously.
‘Insurmountable horror’
Victim impact statements of Ngataki’s whānau detailed not only being confronted with the “insurmountable horror” of her death, but the frustrations of Covid-19 restrictions at the time, which saw Auckland under lockdown and residents unable to leave the district.
Many whānau lived in Auckland and while few of Ngataki’s siblings managed to get approval to cross the border, many didn’t, leaving them still struggling with their grief.
Ngataki’s mother was stuck north of the border.
“As Georgina’s mother, not being able to be there … because of Covid restrictions at the time was something that words will never be able to describe.
“The absolute horror that I had to endure at that time was insurmountable,” describing Vi’s offending as “selfish”, “inconsiderate”, “heinous” and “destructive”.
Instead, she had to see her daughter’s last moments alive via video call from family who were at her bedside in Waikato Hospital’s intensive care unit.
“It was then that my heart broke and I felt powerless to help Georgina.
“It was at that point that I became aware that the situation was truly horrific and that this was something that I would not be able to fix.”
‘Oh no she’s not dead’
Justice Mathew Downs explained how Vi and Ngataki moved into the same apartment complex on Wellington St in 2018.
The pair, who both suffered from alcohol addiction, became friends, and soon after a relationship developed.
However, their relationship was punctured by arguments and violence handed down by Vi.
Five months before her death, Ngataki was hospitalised after Vi struck her in the face with such force it rendered her unconscious. She woke with bruising, bleeding, sore ribs, a broken nose and a concussion.Despite the severity of the assault, the relationship continued.
Just after 2pm on the day she died, Ngataki and Vi returned to her unit, with Vi carrying a box of New Zealand Lager.
Shortly afterward, the pair got into an argument over money.
During the argument, Vi punched and stomped Ngataki on the head several times and afterward said aloud to himself: “Is she dead?”
“Oh no she’s not dead,” he said.
A neighbour, who had heard the “audible thuds” went to check on her and saw Vi kneeling over striking her with both arms, and Ngataki saying “don’t”.
He then changed into track pants, while still in her unit, before heading to his own unit at 2.36pm.
At 2.49pm, he left his unit, this time changing all of his clothing, including his jandals, and went to Ngataki’s unit to grab the rest of the beer, then left a minute later.
He’s then seen leaving the complex and walking down Wellington St.
Police arrived at 3.07pm, and after initial confusion about which unit they were at, they arrived to find her unconscious and with blood around her head and on the cushions of a nearby couch.
When questioned by police before she died, Vi said that during an argument Ngataki banged her head on a table five times and that she was well when he left.
He was questioned again after she died, and said that he had slapped her with the back of his hand three or four times “but not with any force”.
‘You allowed her to die’
Justice Downs told Vi there were multiple aggravating features of the case.
The magnitude of the violence, breaching her trust – “she was entitled to look to you for protection, not harm”, and the “cold-blooded, and indeed callous” actions after attacking her; only returning to the flat to get his beer.
“At no stage did you seek medical attention for Ms Ngataki or raise the alarm.
“In short, you allowed her to die.”
Vi, of Tongan descent, had no family in New Zealand and disputed he was an alcoholic, instead, he believed he was a “binge drinker” and often only argued with Ngataki when they were drinking together and “sometimes” hit her.
“Plainly you did,” Justice Downs told him.
The earlier assault on Ngataki was also serious enough to warrant a higher starting point than the 10-year minimum for murder.
After applying discounts for his late guilty plea, just days before the March trial was due to start, and his personal circumstances, Justice Downs jailed Vi for life, with a minimum term of 11 years and nine months.
This story was first published by the New Zealand Herald. Edited by Kaniva News.
A multi-million dollar dispute between the Tongan government and a Vanuatu-registered internet provider has ended with a confidential agreement.
Kacific Broadband Satellites Group (Kacific) had been pursuing the Tongan Government for nearly US$6 million owed for an agreement made in 2019.
The Prime Minister’s office issued a statement yesterday saying the settlement was in the best interests of Tonga.
“We are delighted to have resolved our differences with the Government of Tonga and are excited about the prospect of working together,” Kacific CEO Christian Patouraux said..
“We believe that this agreement represents a significant step forward in our relationship and look forward to building a strong and mutually beneficial partnership with the Government of Tonga, for the benefit of all the people of Tonga.”
In 2019 Kacific Broadband Satellites Group signed a 15 year agreement with Tonga Satellite Ltd (TSL), a Tongan government company, to provide high speed broadband via satellite to the kingdom.
The company said the service would connect communities in 89 remote outer islands with high-quality internet. In the case of a fibre cable outage, similar to the one experienced in January 2019, the satellite internet bandwidth could be redistributed and shared with Tonga’s main centres.
In January 2019, the international fibre cable connecting Nukuʻalofa to high speed internet was severed, leaving most of Tonga’s people and organisations without access to the internet or international phone calls. During the 12 days in which the cable was repaired, satellite technology was used to provide bandwidth to the nation.
The then Minister for Commerce, Consumer, Trade, Innovation and Labour Dr Tevita Tui’Uata said the Kacific system met the needs of Tonga to provide full broadband access to all residents of Tonga.
The Kacific contract was based on a single upfront payment of US$5,760,000 due on June 15, 2019. This was never paid. In January 2021 Kacific began arbitration in Singapore against Tonga Satellite and the Tongan government.
Cabinet attempted to de-register and remove Tonga Satellite from the Register of Companies after those proceedings had started. Kacific took the government to the Tongan Supreme Court which ruled that TSL had to be re-registered. This meant Kacific could continue its legal efforts against the government.
In his summing up of the court case, Lord Chief Justice Whitten said he was satisfied that there was a sufficient basis to support an inference,that the Government proceeded to “engineer the removal of TSL from the Register for the clear purpose of frustrating the arbitral proceeding against TSL.”
The judge said attempting to remove TSL from the register of companies “had likely done little to enhance, and may even have damaged, the Government’s reputation for being a responsible and reliable international trading.”
Any issues between Kacific and TSL would be determined by the law of Singapore, under which arbitration had commenced. In any case, TSL had no assets.
For more information
Tongan government signs deal with Kacific for remote island connectivity and fibre back-up
An Auckland man who fraudulently received $13,600 in Covid-19 relief has been jailed for 20 months.
Jason Laurence Gray made two applications for loans, seeking $27,000, under the Small Business Cashflow Loan (SBCL) scheme despite knowing a business he was part of didn’t meet loan criteria.
The applications were made within a week of each other in June 2020.
The scheme, implemented under urgency in May 2020, used a “high trust” application model so small businesses could access funds quickly during the pandemic.
Gray checked nearly 40 times how the first application was progressing, Inland Revenue said.
Inland Revenue began investigating Gray, and all the SBCL loans associated with him, when it found out one of his bank accounts was used to receive loan money on behalf of an associate.
Appearing in the Pukekohe District Court today, Gray was sentenced on two charges laid by Inland Revenue; as well as a police charge of using forged documents; and a Corrections charge of breaching home detention.
FAKAMATALA FAKATONGA
Na’e ma’u e ha tangata Aokalani ‘i he founga kākā ‘a e $13,600 mei he paanga tokoni ‘a e pule’anga ki he Koviti 19 pea kuo tuku popula ai fe’unga mo e mahina ‘e 20.
Na’e fakahu ha kole no ‘a Jason Laurence Gray ‘e ua ki he pa’anga $27,000 mei he sikiimi Small Cashflow Loan neongo ‘ene ‘ilo ko ‘ene pisnisi ne ‘ikai ke ne ma’u ‘a e fiema’u ki he ngaahi no ko ‘eni’.
Ne fakahu ‘a ‘ene ongo kole ‘i ha uike taki taha he uike ‘e ua ‘i Sune 2020.
Ko e sikiimi ko eni ne fakavave’i hono fokotu’u ‘i Me 2020 pea fakafalala lahi he matu’aki falala ki he kau kole koeuhi ke ma’u ha’anau tokoni fakapa’anga lolotonga ‘a e panatemiki.
Ne a’u ‘o tu’o 40 hono toutou vakai’i ‘e he Gray ‘a e IRD pe kuo fefe ‘ene uluaki kole.
Ne kamata hono fakatotolo’i ‘e he he Inland Revenue ‘a Gray mo e kau no kehe hili ‘enau ‘ilo na’e faka’aonga’i e taha ‘ene ngaahi ‘akauni pangikee ke fakahu ki ai ha no ‘a hono kaunga pisinisi.
Na’e tauteai ai he ‘aho ni ‘i he Pukekohe District Court ke ne ngaue popular ‘i ha faka’ilo ‘e ua ‘o ‘ona ne fai ‘e he IRD pea toe faka’ilo foki ia ‘e he kau polisi ki hano liliu kakaa’i ha tokiumeni pea mo ha toe faka’ilo ‘e taha ‘e he Kolekisini ki hono maumau’i ‘a ‘ene titenisini.
Tonga has formally joined a group of nations calling for a Fossil Fuel Non-Proliferation Treaty.
Pacific Islands activists protest demanding climate action and loss and damage reparations at COP27 in Egypt Photo: DOMINIKA ZARZYCKA/AFP
Prime Minister of Tonga Hu’akavameiliku Siaosi Sovaleni made the official announcement at the Fifth Pacific Regional Energy and Transport Ministers’ Meeting in Port Vila on Thursday.
Vanuatu and Tuvalu were the first state parties to endorse the Fossil Fuel Non-Proliferation Treaty.
“Climate change is the single greatest threat to Tonga and Pacific Island countries, and Tonga therefore stands together with our neighbours in calling for urgent action to combat the root cause of this crisis,” Hu’akavameiliku said.
In March, Tonga joined a group of Pacific countries – Vanuatu, Tuvalu, Fiji, the Solomon Islands and Niue – making an ambitious call for a global phase out of fossil fuels, and a just transition from fossil fuels in the Pacific, the Port Vila Call.
“Now we urge all Pacific governments to join Tonga, Vanuatu and Tuvalu in publicly calling for the negotiation of a Fossil Fuel Non-Proliferation Treaty,” he said.
“A new global treaty can provide the framework for finance, technological support and knowledge sharing needed to ensure a just transition away from coal, oil and gas across the Pacific and in the world.”
Environmental organisation 350.org Pacific’s managing director Joseph Sikulu said Vanuatu, Tuvalu and Tonga have stepped up to the plate and now it is time for world leaders to decide if they want to be a part of the solution.
“As Pacific Climate Warriors, it fills us with hope to see our leaders continue to show the world true climate leadership,” Sikulu said.
Sikulu said this leadership is a commitment to do what is needed to transition Pacific economies away from fossil fuels and keep global warming to below 1.5 degrees.
“In Tonga we say, ‘Ko Tonga moʻunga ki he loto’ meaning, ‘in Tonga our mountains are within, our strength-hold is our heart’ and we thank the Tongan government for standing up for our people.”
An elder of the group, Inangaro Vakaafi, said Tonga’s call for a Fossil Fuel Non-Proliferation Treaty was another step towards the future Pacific islanders deserve.
“The Pacific is displaying the leadership and political will that we need to see emerging across the globe,” Vakaafi said.
“There is so much room for innovation and equity in the energy transition, but we must phase out the climate-destroying fossil fuels that got us into this mess in the first place. If island nations like ours can take the first step, what is stopping the rest of the world?”
The Fossil Fuel Non-Proliferation Treaty is supported by World Health Organisation, the European Parliament, as well as over 100 nobel laureates and 3,000 scientists and academics.
UPDATED: The Supreme Court has granted leave to apply for a judicial review of a decision by Parliament to grant MPs pay rises.
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Māteni Tapueluelu. Photo/Tnews, Youtube
The application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
The court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of $TP6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
Speaker Lord Fakafanua. Photo/Fale Alea ‘O Tonga
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
