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Lord and Lady Fulivai served with demand for payment of $253,000 to Auckland businessman after court rulings in Tonga and New Zealand

By
Philip Cass
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Lord Fuliva (L), Helen Fulivai (R). Photos (Supplied) taken at the time of service of Certificate of Registration of Judgment, Ex parte Application for Registration of a Foreign Judgment in the Supreme Court of Tonga filed 4 March 2022, Affidavit in support of Application for Registration of New Zealand Judgment in Tonga sworn on 20 December 2021 & Ruling of the
Court dated 8 March 2022.

Lord and Lady Fulivai have been served with a demand for payment of more than a quarter of a million dollars owed to Auckland businessman Christopher Barrett.

The Fulivais have been pursued over non-payment of fees and expenses incurred during business deals with Barrett.

As Kaniva News reported in October last year, the High Court in Auckland ordered that the former Governor of Vava’u and his wife repay Barrett $253,370.60, the equivalent of $TP407,777.

The couple were also served with an affadavit showing that the Tongan Supreme Court had allowed the New Zealand judgement to be registered in the central registry of the Supreme Court under the terms of a reciprocal enforcement of judgements order.

The Fulivais were served with an affadavit on Saturday at their home in Mangere Bridge in Auckland.

The Honourable Justice Venning ruled in the New Zealand High Court last year that the Fulivais must repay the money together with interest dating back to January 1, 2018; repayment of loans with interests and costs for the entire proceedings.

In evidence submitted to the court Barrett said  the Governor told him he had considerable influence in being able to facilitate the granting of leases of land in Vava’u and made various other promises.

“In particular, he gave me assurances for the granting of a 99-year lease of land on an island called Pangaimotu in Vava’u for which I was to pay $170,000,” Barrett said.

“Part of these monies were to be used to pay off persons who were presently occupying that land.”

Barrett said he did not receive any lease and the defendants were therefore in breach of the agreement.

Barrett said Lord Fulivai made various promises to grant leases of other pieces of land in Vava’u.

“I was duped,” he said.

“Having given me these assurances of the granting of various leases in land, I received a series of requests from both defendants seeking loans from me over the following years. Unfortunately, I naively trusted them and made loans to them as requested from time to time.

“In general, the loans were agreed to be repaid shortly after they were made although there was no particular time for that to happen. They were certainly repayable on demand.”

New Zealand Police investigated claims against the Fulivais and charged them with obtaining money by deception.

A statement lodged with the court by Barrett’s legal representative said Lord Fulivai had admitted responsibility to repay the $170,000 and $21,500 in loans. The Fulivais had agreed to take no further action in the proceedings last October.

Documents showed that Lord Fulivai used the King’s name and that of the Prime Minister and Health Minister Saia Piukala in his dealings with Barratt.

Tuna project

Last year Barrett told Kaniva News he was also pursuing Lord Fulivai and his Seattle-based cousin Micheal Thomson for $550,000 for work on a yellow fin tuna project.

The project was intended to establish open water fish farms off Hunga Island through a company called Horizon Deep International.

Documents seen by Kaniva News show that Lord Fulivai was sent a bill for US$340,200 through Pacific Consultants and Construction Ltd on August 31 last year.

The bill included consultation services, preparation of documents for investors and loans and financial advances for Lord and Lady Fulivai. The latter came to more than US$30,000.

Barratt told Kaniva News that Lord Fulivai had ignored demands for payment and he would chase the couple for repayment.

Praise for American anthropologist invited  by Queen Sālote to study Tongan lakalaka

By
Philip Cass
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Adrienne Lois Kaeppler, an American anthropologist who was regarded as an expert on Tongan dance and the work of Queen Sālote, has died aged 87.

A portrait of Adrienne Kaeppler, Photo: Photo / Smithsonian Institution

“Why is a Palangi talking about this?”, Kaeppler said at the launching of the book Songs and Poems of Queen Sālote in Nuku’alofa in 2019.

“The short is answer is because Queen Sālote invited me to do so.

“It goes back to 1964 when I was a student. The first time when I came here, I came to a conference of the Pan-Pacific Southeast Asia Women’s Association Meeting. Queen Sālote invited us all and I gave the paper for the Hawai’ian Group which was about Hawai’ian music and dance.

“For the international night, I performed a Hawai’ian dance and the next day Queen Sālote saw me and she said ‘could you do that sort of thing for Tongan music and dance?’ and I said ‘oh, okay’. So I decided to stay, and I stayed for three months and Queen Sālote sent me to all the people she felt were the important people to pass on this kind of information.”

Dr Kaeppler researched the lakalaka, a mass dance that sometimes involved more than 1000 people, all singing and dancing in carefully synchronised motions, that had been passed down from generation to generation.

The American anthropologist said she had been supported and directed in her work by Queen Sālote, who introduced her to a number of the kingdom’s punake.

“Queen Sālote put me in contact with a number of important Tongan dance people. My first teacher was Tu’imala Kaho who taught me tau’olunga. Tu’imala’s mother, ‘Ana Malia and Uncle Vaisima (Hopoate) taught me ula and ‘otuhaka,” Dr. Kaeppler wrote in the introduction to her book Poetry in Motion.

She returned to Tonga for a year in 1965-66 and began to learn Tongan, in what was to become a transitional time for the kingdom.

During her doctoral research in the 1960s and onwards, she spent much time with Ve’ehala, Tupou Posesi Fanua, Sione Hau Koula, Tu’ialo Kefu, Malia Fusi, Kavapele, and Vaisima. She also worked with Catholic nun Sister Tu’ifua, who descended from a high ranking line of chiefs and who learned dancing from Malia Toto and Kolotile, both of whom danced for the immediate descendants of the last Tu’i Tonga.

She returned to Tonga nearly every year to continue her research and learn dance. She took part in the Lakalaka of the village of Ha’ateiho for the Coronation kātoanga of King Tāufa’āhau Tupou IV.

“As an outsider I have really only scratched the surface. Tongans have a more thorough and detailed understanding of dance and its place in their lives,” she wrote. She hoped her work would stimulate more Tongans to write down their knowledge to ensure that dance would continue to enrich the lives of future generations of Tongans.

Her work helped promote understanding of the Tonga’s rich heritage, In 2003 UNESCO  recognised the importance of the Tongan Lakalaka when it was proclaimed a “Masterpiece of the Oral and Intangible Heritage of Humanity.”

She spent several years researching the songs and poems of Queen Sālote, working with  Princess Nanasipau‘u Tuku‘aho, Dr. Melenaite Taumoefolau and Dr Elizabeth Wood.

In 1998, she worked at the Tongan National Museum, setting up a special exhibition on the 80th birthday of King Taufa’āhau Tupou IV.

Dr. Kaeppler, was invested as a Commander of the Royal Household Order during the Coronation celebrations of King Tupou VI in 2015.

Last year Her Majesty Queen Nanasipau’u, who worked closely with Dr. Kaeppler over the years, praised her, saying: “It has been amazing for me to have accompanied you on some of your journeys of discovery. Your excitement about the history, culture and arts was captivating and inspiring. …You dedicated your life to your scholarship and the sharing of the wonders you had so carefully and masterfully unveiled.”

Smithsonian

Kaeppler was curator of oceanic ethnology at the National Museum of Natural History at the Smithsonian Institution in Washington.

Her work centred on the interrelationships between social structure and the arts, including dance, music, and the visual arts, especially in Tonga and Hawa’i.

The Smithsonian awarded her the Secretary’s Distinguished Scholar Award for excellence in research.

Prime Minister Hu‘akavameiliku tests positive for Covid as Tonga reports two deaths

By
Kaniva Staff
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Prime Minister Hu’akavameiliku

Prime Minister Hu’avakameiliku has tested positive for Covid-19.

“Tested positive for covid19. Was Negative on (Wednesday) but now positive. We are fine and isolating at home,” he said this afternoon Saturday 12.

There are 131 new Covid-19 cases in Tonga today, with the Ministry of Health also announcing two deaths.

There are now 1,058 active cases in the community with the number of confirmed cases now at 1,513.

There are 453 people who had been recovered.

The Prime Minister said yesterday none of the active cases was admitted to hospital and no one had showed any sign of serious illness.

Schools reopen

Meanwhile,  Forms 6 and 7 students in Vava’u and Tongatapu are expected to return to school on Wednesday, March 16, 2022.

This meant, only fully vaccinated teachers were allowed to teach in schools, the Prime Minister said.

The Hon Prime Minister said “school management will need to ensure that all Health protocols are followed strictly for the safety of teachers and students”.

“Schools will be given Monday and Tuesday next week to prepare for the return to school and stated this was the only change to the current COVID-19 restrictions”.

Curfew remains from 8pm to 5am for Tongatapu and Vava’u.

Five injured after reports of shots fired in Auckland suburb

By
Kaniva Staff
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By RNZ.co.nz and is republished with permission.

Multiple people were discovered injured after shots were fired in the Auckland suburb of Mt Roskill last night.Police car on the street at night

Photo: 123RF

Police responding to calls about gunfire about 10.30pm on Sandringham Road Extension found “at least five people” had been injured.

None of the wounds were life-threatening, and the injured were taken to hospital, police said in a statement.

Police did not give other details about the “incident” near the Wesley Community Centre, but said officers would be in the area today and are investigating.

Supreme Court convicts two for running pyramid scheme that recruited church members

By
Kaniva Staff
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Two women have been found guilty in the Supreme Court for running a pyramid scheme.

The two accused, Viola Tupa (Tupa), and ‘Anaseini Pongi (Pongi) were charged with advertising a scheme in Kolomotu’a , where profits earned by participants in the scheme largely depended on increases in the number of participants in the scheme.

Known as pyramid or Ponzi schemes, such schemes are contrary to section 3A of the Financial Institutions Act.

According to the Act, anybody who directly or indirectly, initiates, offers, advertises, conducts, finances, manages, supervises or directs a scheme where profits earned by participants in the scheme largely depend on increases in the number of participants in the scheme or in the size of their contributions to the scheme is liable upon conviction to a fine not exceeding TP$1 million or to prison for not more than 30 years, or both.

Evidence was presented to court by serving police that Tupa had tried to persuade people working in the Police Department to join the scheme.

Siosateki Vainikolo, a police officer in the Professional Standards division said he interviewed the accused, Pongi, who said she paid about $1180 to join the scheme.

She told Vainikolo she had to recruit eight people before she could expect any repayments. She made TP$8295.

A few people took payments, but she asked them to pay back the money so new recruits could be repaid their monies. She said they collected about TP$30,000 and paid it all out, but it was not enough to refund everyone.

Evidence was also presented to the court that Tupa had promoted the scheme and e-mail records showed Tupa and Pongi discussing recruiting from fellow church members.

The accused did not give evidence or call any witness.

In his summary of the case, Mr Justice Niu, presiding, said there was uncontested evidence that there was a scheme in which every participant had to register with a certain sum of money.

Each participant had to recruit another eight people who were each to register with a sum of a similar amount. Upon the registrations of those eight people, those eight people had to recruit eight persons each and so on.

The earlier participants got their profits from the monies which the later participants paid. The more participants there were, the more profits there were for the earlier participants, and so on.

Both Pongi and Tupa stood to gain their profits, from the increase of the number participants in the scheme.

Mr Justice Niu said the accused advertised the scheme to members of the church they each attended and invited them to join.

Covid Tonga: active cases nearing 1,000 as concerns over Vava’u covid cases increase rate grow

By
Kaniva Staff
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Minister of Health Dr Saia Piukala. Photo/Screenshot (Broadcom Broadcasting)

There are 100 new cases of Omicron in Tonga today, the Ministry of Health reports.

The number of total active cases rises to 954.

The total number of people who had been recovered since the outbreak was 366, it said.

There is a total cumulative number of 1320 cases since the outbreak.

Meanwhile, Vava’u authorities have growing concerns after the number of covid cases on the main island increased significantly since last Friday.

The Minister of Health Saia Piukala said yesterday the number of active cases in Vava’u on Monday was 35 including six which had been recovered.

He said the Ministry conducted rapid antigen tests (RATs) there on Monday and eight people had tested positive. He did not say whether or not these eight cases were included in the total number of 35 cases he reported.

He also said the Ministry conducted RAT tests on Tuesday and 11 people tested positive.

The Minister then said Vava’u had 22 cases in home isolation while 27 cases were quarantined at Puataukanave Hotel MIQ. These numbers added to a total number of 49 active cases but the Minister did not confirm whether or not this was the latest total number of cases on Vava’u.

Hon Piukala said most of the positive cases showed no sign of serious illness and no one was admitted to hospital.

The governor of Vava’u Lord Fakatulolo reported 28 cases on Sunday.

He said there was a connection between the 28 cases and a positive case passenger who arrived from Tongatapu on Wednesday last week.

Lord Fakatulolo said he was concerned about the restriction guideline and he attempted to check with the airline to see why the positive passenger was allowed to fly to Vava’u.

The governor said it appeared all the villages on the main island had become locations of interest.

Yesterday, the Neiafu town officer Vāvā Lapota wanted to know what the government’s plan for the situation was.

He claimed the total number of active cases on Vava’u were 40.

The previous total number of cases in Vava’u constantly remained at six or seven.

Vava‘u stabbing: body of single mother ‘Ālisi Tuita laid to rest

By
Kaniva Staff
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A woman killed in a suspected family harm related incident in Falaleu last week had been laid to rest yesterday at Houmelei cemetery.

‘Ālisi Keilini Tuita. Photo/Supplied

’Alisi Keilini Tuita, 51, was allegedly stabbed to death inside her house on Saturday morning.

Her twin brother was arrested shortly after the incident.

The brother, who often underwent assessment for mental health problem at the psychiatric ward, remains in Police custody, a source very closed with the victim claimed.

It is understood police were not seeking anyone else in connection to this incident.

‘Ālisi Keilini Tuita’s burial service. Photo/Supplied

‘Alisi’s body was escorted from hospital to her tomb.

It was described as a sombre occasion attended by the Vava’u governor and his wife as well as Mrs Fuiva Kavaliku, who was ‘Ālisi’s fahu.

‘Alisi did well at school, and she became dux of the Sainehā High school before she left for the US for further studies, our source said.

She is survived by her daughter.

Covid-19 update: 22,454 new community cases in New Zealand, 742 people in hospital, four further deaths

By
Kaniva Staff
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By RNZ.co.nz and is republished with permission.

The Ministry of Health is reporting 22,454 new community cases of Covid-19 and four further deaths today, with 742 people in hospital with the virus.No caption

Photo: 123rf.com

Today’s case numbers are slightly down on yesterday’s 23,894 new cases of Covid-19, with the number of hospitlisations also dropping from 756 yesterday.

However the number of patients in ICU has increased from 16 to 19.

The four new deaths reported today were in the Lakes, Tairāwhiti, and Counties Manukau DHBs.

Today’s community case numbers include 8,529 in the Auckland Region. The Ministry said this represents 56 percent of the total new cases, down from 61 percent of total new cases a week ago.

“This number is still high and the outbreak is still very active in the Auckland region, but numbers have levelled off there in the last week. We will know in the next few days if this signals that the outbreak has peaked there.”

The rest of the cases were in the Northland (716), Waikato (2109), Bay of Plenty (1427), Lakes (633), Hawke’s Bay (707), MidCentral (655), Whanganui (202), Taranaki (536), Tairāwhiti (373), Wairarapa (166), Capital and Coast (1,879), Hutt Valley (1062), Nelson Marlborough (452), Canterbury (2024), South Canterbury (120), Southern (835) and West Coast (20)DHBs.

The Ministry said 21,896 of today’s cases were from RATs, while 558 were from PCR tests.

There were 9226 vaccine booster doses given yesterday, as well as 231 first doses; 987 second doses; 68 third primary doses; 628 paediatric first doses and 245 paediatric second doses.

Hospitals around the country have been coming under pressure due to the growing number of Covid-19 patients and the numbers of doctors and nurses off work isolating.

In a media briefing yesterday, Director of Public Health Caroline McElnay said critical healthcare workers who have Covid would be able to return to work earlier than usual if their absence would mean a critical health service would stop functioning. It would include allowing Covid-positive staff to work on Covid wards, or allowing critical workers to leave isolation six days after returning two negative rapid antigen tests.

But two unions representing healthcare workers have hit back. The Nurses Organisation said it was just another attempt to address the nursing crisis and the Association of Salaried Medical Specialists said the rules were contrary to general advice on recovering from Covid-19.

Fast-track visa applicants offered money to fake marriage for sponsorship – immigration adviser

By
Kaniva Staff
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By RNZ.co.nz and is republished with permission.

Migrants who will soon become residents under a government fast-tracked visa process are being offered more than $30,000 to enter bogus marriages, according to an immigration adviser.Visa application form to travel Immigration a document Money for Passport Map and travel plan

(file image) Photo: 123RF

Two people who contacted him wanted to know how to leave their real partner off their application, so that they could sponsor someone else from overseas.

More than 45,000 people have applied for the one-off residence visa since the first phase began in December, and almost half have already become residents.

An estimated 165,000 will apply for residence by the end of the year, with most of those eligible from last week.

The immigration adviser, who asked not to be named, feared the two cases who approached him could be the tip of the iceberg, and said the lack of an English language test in the visa’s criteria may leave migrants open to exploitation.

A South Island cook contacted him before Christmas, he said.

“I asked him why do you not want your wife to be included in the application and actually conceal the fact that you’re married and he said like, ‘I’ve got an offer from someone back home that can potentially pay me money to get someone over here. It’s about $35,000 or $40,000’.”

A woman later also called him with a similar story, saying she had been offered about $30,000.

“She has also been offered some money to potentially get married later on and get her ‘husband’ into New Zealand as a resident. It was a bit shocking for me that at this nascent stage, already stuff like this is being like planned on. I don’t know how big it goes, I just feel that there could be some issues coming up.”

Both people had been approached with the offers by an agent or intermediary. While ‘paper marriages’ were not a new phenomena, having so many new residents at one time might be bringing fraud to the fore, the immigration adviser said.

The criteria and fast processing of the visas could also aggravate the problem, he said.

“It’s nothing new. In India, you have classified advertisements especially for women and men who are studying or living abroad with residency.

“But the fact is we have a unique situation where a large number of potential number of primary skilled workers are getting residency. So it will be very light touch sort of investigations happening. From what we understand, a lot of applications would be just automated to a large extent.”

With no English language tests for the one-off visa, and in many cases having been in New Zealand for not long, migrants may not understand the legal ramifications of their actions, he said.

“They should meet the residence English language requirements, because otherwise you have a large cohort, a significant number of people who would be granted permanent residence to New Zealand eventually without knowing sufficient English to make informed decisions about what is right or wrong.

“If somebody is here for a while, they understand how this country works, how the systems here work. It’s very different compared to someone who’s lived here for a short period of time, doesn’t know the language, doesn’t know the culture. It’s easy for people like them to be enticed by wrong elements.”

Immigration New Zealand responds

In a statement, Immigration New Zealand said it was not aware of the cases, and providing false and misleading information to an immigration officer was a criminal offence.

“Allegations of fraudulent relationships entered into for immigration purposes (for money or otherwise) will be taken seriously,” said its general manager of border and visa operations, Nicola Hogg.

“We consider residence applications where a partner is included very carefully and an immigration officer needs to be satisfied that the applicant meets immigration instructions. For residence applications, the couple must be able to demonstrate that they have been living together for a minimum of 12 months.

“Marriage alone is not sufficient evidence for the purposes of the immigration instructions and applicants are required to provide a range of documentation to demonstrate their relationship meets requirements.

“During the assessment of a partnership application, we may decide to interview the applicant and partner or even conduct a visit to the couple to help determine that the relationship is credible, and genuine and stable.

“If the applicant has been living apart from their partner for any significant period of time during their relationship, they must also provide evidence of the length of any periods of separation, the reasons for them, and how their relationship was maintained during those periods.”

As for the immigration adviser’s two cases – he told them he could not represent them and warned them about the possible repercussions. But he is concerned that they and others are likely to forge ahead with their plans.

“A significant, large number of people are not so aware of the country, the system, the culture, and actually not even aware of how dangerous getting involved in something like this is,” he said.

“I just told them what the potential consequences could be down the line, I explained to them it could come out – if you go out, have a drink and joke about it or just tell someone. If you use some kind of fraudulent way or if you conceal something, it could come back to you much later in life as well.”

Cemetery vandalism shock for Tongatapu family after vandals strike Talisola graves

By
Kalino Latu
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A Tongatapu family had a distressing beginning to the week after finding their mother’s tomb had been destroyed.

This composite photo is an amalgamation of three separate cropped images taken at the scene.

After Livoni Mele Fīnau’s mother died, she was buried at Talisola cemetery in Kumifonua Ua, Hōfoa, three weeks ago.

Miss Fīnau said her mother’s tomb had been partly dug up, smashed, causing a piece of cement to fall on her mother’s chest.

The vandals also appeared to have poured an acid-like liquid into the grave, Finau told Kaniva News.

Miss Fīnau said the attack had a huge traumatic experience among her family.

She described it in Tongan as “vicious and disgusting”.

She said a complaint had been lodged with Police.

It has been alleged eight other graves in the same cemetery had been destroyed.

The news came after we previously reported an incident in Neiafu in which a grave was destroyed. It was thought to be the result of someone believing the spirits of the dead were harming members of their family.

An authority in Vava’u criticised the claim at the time saying it was a false belief still held by uneducated and ignorant people.

in 2018  a family in Longoteme was left distraught after they discovered the skeletal remains of their parents were allegedly stolen from their grave.

In that case, the grave was partly destroyed, and photos placed on the deceased’s headstone were also damaged.

We also reported at the time that a Tongan family in Auckland was devastated after vandals damaged their mother’s grave by opening large holes at both ends of the grave.

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