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Democrats preparing ground for taking legal action over former government’s actions

By
Kalino Latu
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The Democrats (PTOA) are in the process of taking legal action against the former government of Pohiva Tu’i’onetoa after they accused it of misusing taxpayer’s money.

Dr Pōhiva Tu’i’onetoa. Photo/Kalino Lātū

MP Mateni Tapueluelu told Kaniva News  the PTOA Party was in the process of investigating and collecting information  before  approaching its lawyer.

The former Prime Minister was accused of lying to the public after he appeared to intentionally misread Clause 51 of the Constitution, which many  believe could have been used to dismiss former Cabinet Minister Akosita Lavulavu who had been accused of fraud.

The Democrats alleged that the former Prime Minister appeared to have breached the Cabinet Manual’s conflict of interest clause by allowing Cabinet Ministers’ spouses to be paid from taxpayers’ money for travelling to the outer islands to conduct its controversial national fasting programming.

The Democrats have previously said they wondered why King Tupou VI did not use his power to set up a royal commission to investigate the Tu’i’onetoa government.

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His Majesty berated the Tu’iu’onetoa government amid allegations of corruption and malpractice arising over the tendering process for the former government’s controversial roading project.

The project was stopped at the end of 2021 after Tu’i’onetoa was ousted from power after losing the premiership election.

MP Māteni Tapueluelu

The Tu’i’onetoa government was accused of designing the tendering process so the contracts would be given to its friends, including Cabinet Ministers’ family members.

The Democrats said they were also concerned since the king had ordered a commission to investigate the late ‘Akilisi Pohiva’s government about the Popua Park re-development project, but the results had never been released.

Last September former Prime Minister Pōhiva Tu’i’onetoa denied claims the Royal Commission report on Popua Park probe had  been submitted to him, but disappeared from his desk.

An independent investigation found that the government had actually saved money on the project to redevelop a former landfill area. The report by the Pacific Engineering Consultant Group (PECG) showed the government had spent only TP$648,000  on the project.

While the findings of the royal commission have not been made public, it has  been unofficially reported that the Commission did not find any misuse of public funds.

Fresh court action possible in pyramid scheme case; perpetrator continues to say she won’t pay

By
Kalino Latu and Philip Cass
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The pyramid scheme case continues to grow, with victim Tionly Fatukala considering an attempt to recover more money from Mele Hea.

Hea, meanwhile has vowed that she will never pay back the $10,000 the Disputes Tribunal has ordered her to hand over to Fatukala, even if she had a $1 million.

After swearing on our Facebook account this morning , Hea said she and her family were under stress because of the publicity of her fraud.

She accused Kaniva News of malice and claimed Fatukala voluntarily deposited the money in her scam. Kaniva has seen a screenshot of a text message screenshot that was submitted to the Tribunal which shows Mele Hea texted Fatukala and asked her to deposit $8000, to which Fatukala agreed.

This was not, however, the main point of the Tribunal’s ruling, which was that Hea had been running a pyramid scheme, which is illegal under New Zealand law.

She accused Kaniva of using her photo with her daughter in an aeroplane without permission. The photograph was originally posted by Hea on her Facebook page and so has been placed in the public domain. She then accused Kaniva of failing to remove her daughter from the photo. In fact her daughter’s image was blurred by Kaniva News before it was published. 

Tionly Fatukala said she and her husband were working with their lawyer to file a new lawsuit against Mele Hea to pay back another $10,000 which was paid to her under the name of  Fatukala’s husband Josh. The Disputes Tribunal did not accept this claim at the original hearing.

The Tongan online community has criticised Mele Hea for running the pyramid scheme at a time when the community had been warned of the danger of such operations.

Some people criticised the victims and asked when they were going to learn not to spend such large amount of money on pyramid scheme. Some however, supported Mele Hea, saying she had used some of the money to pay some of her clients who were fortunate to profit from the operation. They criticised people who received large lump payments, but did not help the new customers. 

Editor’s note

Kaniva News’ role is to educate, inform and act as a watch dog for the community, guided by the law, ethics and skills of journalism. There has  been no malice or malevolence in our reporting. Our stories are not, as Hea has claimed, intended to stir up ill-feeling towards her or her family. We have simply covered a story that is of major concern to our community. The Disputes Tribunal found against Mele Hea and ordered her to pay back a sum of money to Fatukala. These are matters of public record, as is the fact that both sides have launched or are considering launching appeals that will continue the dispute into the New Year. Kaniva News will continue to cover the case as it develops.

Pyramid scheme accused posts travel pictures from Melbourne, says she won’t re-pay victim

By
Kalino Latu and Philip Cass
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The pyramid scheme dispute continues to grow, with Mele Hea declaring on her Facebook page this morning that she will never pay back the $10,000 the Disputes Tribunal says she owes Tionly Fatukala.

Mele Hea posted photos saying “Bye bye New Zealand say hallow to Melbourne Australia”.

Fatukala has hit out at Hea, saying that it was unfair of Hea to go on holiday when she had not repaid her.

This morning Hea posted photos of what appeared to be her family inside an aeroplane, with a caption saying “Bye bye New Zealand say hallow (sic) to Melbourne Australia.”

On Sunday when she first denied Kaniva’s story, she said she had just returned from a holiday in Tonga. She also posted photos of her and others in what appeared to be a hotel room.

Hea said she and her husband appealed the Tribunal Ruling on May 24 after complaining that Fatukala harassed and threatened her. Documents obtained by Kaniva News show that Mele Hea also appealed on the grounds that the referee was unfair.

Hea vowed that she would never pay back Fatukala’s money no matter what. However, she admitted that she made a mistake by running the pyramid scheme and said she had learned from it.

Fatukala said she and her lawyer applied to enforce the Dispute Tribunal’s decision for Hea to pay back her money, but since Hea had appealed the Tribunal’s decision, and the appeal would not be heard until next year in February 2, the court had stayed Fatukala’s enforcement application.

Fatukala told Kaniva News she would submit to court Hea’s statement on Facebook this morning saying that she would never ever pay back Fatukala’s money no matter what.

Fatukala claimed that Hea told the Tribunal she had no money and that she had lost her job after Fatukala complained to her employer. Kaniva News has seen a letter dated July 26 about this issue.

Correction

On Kaniva News’ Facebook page this morning we said, based on information supplied, that it was Fatukala who applied for the appeal which is being heard next year on February 2. This was incorrect and it was Hea who made the appeal. Kaniva News is happy to make this correction.

Covid-19: New Zealand sees spike in cases with 6000 reported today

By
Kaniva Staff
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By RNZ.co.nz

New Zealand has seen a spike in Covid-19 numbers – with 6000 cases reported today.

That is 1247 more cases than were reported last Tuesday.

Of the cases announced today, 26 per cent were reinfections.

The seven-day average number of cases now sits at 4041.

On Monday, the deaths of 58 people with Covid-19 last week were announced.

A total of 328 people with the virus were hospitalised – 10 in ICU.

Earlier this month, health officials held a media conference and said cases could skyrocket over the summer period.

Deputy Director-General of the Public Health Agency Dr Andrew Old said current modelling indicated cases could rise to a peak similar to that seen in July – between 10,000 and 11,000 cases per day.

He encouraged people to ensure they were up to date with their vaccinations, stay home if they were symptomatic, test if unwell and to open doors and windows as much as possible if they were entertaining over the summer months.

Old said there was also “good evidence that mask use reduces transmission”.

The ministry would be publishing a “summer checklist” to help people prepare, he said.

New Zealand remained in a “strong position” to manage the ongoing Covid-19 cases but Old cautioned: “We’re not out of the Covid woods yet”.

Covid-19 update: 27,076 new cases, 58 deaths and 328 in hospital

By
Kaniva Staff
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By RNZ.co.nz

There are 27,076 new cases of Covid-19 this week, the Ministry of Health says.

There were also 58 deaths of people with Covid-19 and 328 people with the virus were hospitalised – 10 in ICU.

The Ministry of Health released an update on the state of the country’s Covid-19 outbreak from 1pm

Of the 58 deaths being reported today, three were from Northland, 19 were from the Auckland region, six were from Waikato, two were from Bay of Plenty, one was from Lakes, one was from Tairawhiti, one was from Hawke’s Bay, two were from MidCentral, one was from Whanganui, five were from Wellington region, one was from Nelson Marlborough, nine were from Canterbury, two were from South Canterbury and four were from Southern.

One was in their 20s, two were in their 30s, two were in their 40s, two were in their 50s, eight were in their 60s, 18 were in their 70s, 16 were in their 80s and nine were aged over 90.

Of these people, 24 were women and 34 were men.

Last week saw 24,068 cases reported, and 40 deaths – including one of a child under the age of 10.

A Flourish data visualization

The seven-day rolling average of community cases is 3863 – last Monday it was 3434. Of the new cases, 6547 are reinfections.

Since the beginning of the pandemic, 3383 deaths have been attributed to Covid-19.

Earlier this month, health officials warned that hospitalisations of people with the virus were increasing and New Zealand could see daily cases peak at around 11,000 a day over the summer, driven by the mix of variants currently circulating.

Around the same time, Otago University epidemiologist Professor Michael Baker said New Zealand was in the grip of its “third Omicron wave”.

A Flourish data visualization

He told RNZ that while socialising was important over the Christmas and New Year period, people should ensure they were taking adequate precautions to reduce the likelihood of them contracting Covid-19.

Baker said holding functions in well-ventilated venues was a good idea, and those eligible for boosters who had not yet had them should make that a priority.

“Get any booster you can that you’re eligible for, it will give you a lot of protection. Vaccination decreases all of those risks, including long-Covid,” he said.

Wearing a mask while in crowded areas was also something he recommended.

“I would certainly consider using a mask in a very tightly packed, poorly ventilated shopping situation.”

Tribunal documents show woman ordered to re-pay investor $10,000 over pyramid scheme

By
Kalino Latu and Philip Cass
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Documents obtained by Kaniva News show that the Disputes Tribunal has ordered Mele Hea to re-pay $10,000 to Tionly Fatukala.

Hea has accused Kaniva News of lying in a story we ran about the dispute.

Fatukala paid the money to Hea to invest in a pyramid scheme she said would produce a triple return.

Mele Hea

Fatukala told the Tribunal that when she realised the investment was a pyramid scheme, which is illegal under New Zealand law, she asked for her money back. She originally asked to be paid all of the money she believed would have been owed to her. It is understood the scheme was reported to the Commerce Commission.

On May 24, the Tribunal said it had established that Fatukala had paid Hea the amount and ordered a repayment of the outstanding amount.

“As payments of $18,000 have been established . . . . and $8000 has been refunded already, I find that Mrs Hea is liable to pay $10,000 to Mrs Fatukala,” the referee ruled.

The Tribunal ordered Hea to repay the outstanding amount on or before June 21 this year.

However, Hea has not re-paid the money.

She told New Zealand Herald she could not afford to pay everybody who wanted a refund.

“If I pay one person a refund, I have to pay all people a refund,” she said.

Hea appealed the Tribunal’s decision, claiming that the referee, J.Perfect, conducted the proceedings unfairly and in a manner which prejudiced  the outcome of the proceedings.

Tionly Fatukala

“Mrs Hea writes in her notice of appeal that the decision was not fair, that she does not agree to pay any money back and that there was false information,” Prefect said in a response sent to both parties.

“The decision was made after hearing the submissions of all parties and considering all the evidence available. I cannot comment on Mrs Hea’s statement about false information because I do not know what she is referring to specifically — there was certainly evidence that was disputed and this was fully canvassed during the hearing.

“Should other matters relating to the procedure of the hearing be raised  . . . I shall be willing to provide a supplementary report.”

Since Kaniva News reported on the story, Hea has told her followers on Facebook that our story was untrue. She said she was “baffled” by our story and accused us of lying.

Kaniva stands by its story, which was originally covered  by the New Zealand Herald. It followed our expose earlier last week of renewed concerns about pyramid schemes targeting members of the Tongan community in Auckland.

Fatukala and Hea will meet in the District Court on February 2 next year after Fatukala asked the court to enforce the tribunal order against Hea since the Tribunal did not have that jurisdiction to do that.

Court rules pyramid scheme must pay back investor’s money, but legal battle continues

By
Philip Cass
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As legal authorities warn of the dangers of bogus financial schemes, an Auckland woman has managed to recover some of the money she lost through the courts.

The Disputes Tribunal ordered Mele Hea to pay Tionly Fatukala $18,000 she invested in a pyramid scheme.

However, only $8000 has been repaid and Fatukala is taking Hea to court in February to recover the remaining money.

Tionly Fatukala wants the money she invested into the scheme back. Photo / Facebook

Hea promised Fatukala a three-fold return for her investment. Details of how this was going to happen were vague and it was described as a “gifting programme.”

Fatukala asked the Disputes Tribunal  to order Hea to pay back the amount she was promised, but the court declined, arguing that pyramid selling schemes were inherently unfair and that most people involved were likely to lose money.

In April last year the Commerce Commission issued a warning to the Pacific Island community in Auckland after it noticed a marked increase in the number of pyramid schemes targeting them.

It said some suspected pyramid schemes appeared to be targeting the Tongan community. Pacific communities were the most commonly mentioned group to be affected by pyramid schemes.

Hea was reported by the New Zealand Herald as saying that she did not know what she was doing was illegal.

“If I’d known it was a pyramid scheme I wouldn’t have done it,” she said.

She claimed to have paid back Fatukala about $15,000 and has appealed against the Disputes Tribunal’s ruling that she still owes closer to $10,000.

Mela Hea said she stopped running the scheme when she found out the damage it was doing. Photo / Facebook

She said she could not afford to pay everyone who had demanded a refund.

“If I pay one person a refund, I have to pay all people a refund,” she said.

As Kaniva News reported earlier this week, New Zealand and Australian financial authorities have warned people not to have anything to do with pyramid schemes, with Validus identified as a key concern.

The Commerce Commission said it would continue to assess any information regarding Validus or any other suspected pyramid schemes.

When Kaniva News exposed Validus’s activities in September, we reported that the New Zealand Financial Markets Authority had warned people not to trade or invest with the company.

We also reported that the Tongan community had already been affected by scams, including pyramid schemes in which people have lost hundreds of thousands of dollars.

Woman sent to jail for defrauding family after Supreme Court discovers previous convictions

By
Philip Cass
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A woman has been jailed after her sentence was altered after the court discovered she had a criminal record.

Kolonia Latu ‘Ekuasi, 32, appeared in the Supreme Court on September 1 on charges of fraud arising over her half-sister’s wedding in 2021.

‘Ekuasi defrauded family members of several thousand pa’anga by falsely claiming to have booked the Vakaloa Beach Resort and then created false receipts, fake e-mail accounts and pretended to be the owner of the resort.

At that original trial she was sentenced to 18 months in prison, fully suspended for two years on condition that she did 80 hours community service. She was convicted on one count of obtaining money by false pretenses and two counts of forgery.

Her sentence was based on the Crown’s submission that she had no previous convictions.

However, the court was later informed that the woman, who is also known by two aliases, Nia Latu and Seini Koionia Latu, had just pleaded guilty in the Magistrate’s Court to three counts of fraud totalling TP$20,500. She was convicted on all counts for schemes which centred on the fraudulent sale of vehicles.

In 2021 she was sentenced on two counts of fraudulent conversion totalling TP$15,000.

Her sentence  in the case heard on September 1 this year date was withdrawn and she appeared  before the Supreme Court for sentencing.

The prosecution told the Supreme Court that ‘Ekuasi was in a position of trust and abused that trust when she misused her sister’s money. Her actions were highly deceptive and dishonest; the offending was pre-meditated and she had previous convictions of similar offending.

In his sentencing, the Lord Chief Justice said he had considered the level of premeditation and contrivance, and the fact that the offending was not just a single event but was orchestrated over a period of at least two months. For those reasons, imprisonment was necessary.

“The circumstances of the offending, including the various stories the Defendant made up to the victims, tend to indicate a certain level of emotional immaturity; something more than mere selfishness, as if she has been obsessed with trying to gain the attention of her family members or others she may have been trying to impress with displays of (others’) money,” Lord chief Justice Whitten said.

“I agree with the probation officer’s suggestion that the Defendant is likely to benefit from the support and guidance offered by rehabilitative programs such as a Life Skills course.”

‘Ekuasi was re-sentenced to a total of three years in prison with the final year suspended for two years on condition of good behaviour.

Michael Baker advises on how to avoid catching Covid-19 for Christmas

By
Kaniva Staff
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By Jamie Morton of NZ Herald

An epidemiologist just honoured for his role as a pandemic evidence-broker is urging Kiwis to avoid becoming part of a summer wave that could push daily Covid-19 cases to 11,000.

University of Otago epidemiologist Professor Michael Baker

Professor Michael Baker is being awarded the Royal Society Te Apārangi’s Callaghan Medal for science communication for his work on Covid-19. Photo: University of Otago Wellington / Luke Pilkinton-Ching​

The University of Otago’s Professor Michael Baker, who’s become one of New Zealand’s most visible and trusted experts, tonight received the Royal Society Te Apārangi’s Callaghan Medal for science communication.

Speaking to the New Zealand Herald before a Wellington ceremony, Baker said he wanted to see the government itself communicate better about Covid-19 – especially when it came to advising people about how to protect themselves.

“Right now, the numbers are telling us that, with every 100 cases, one person is going to hospital; with every 1000, someone’s dying; and with every 20 cases or perhaps fewer, someone is going to get Long Covid, which may be quite debilitating.

“What I’d say to people is that this could be you – and that we all need to avoid becoming infected or reinfected, because it can mean running a gauntlet of risks.”

Last week, health officials warned cases over summer could peak at more than 11,000 cases a day and 100 hospital admissions a day, mirroring infection rates recorded in July during the Omicron second wave.

As Kiwis began planning social gatherings and holiday trips, Baker said people needed to keep basic precautions in mind.

For individuals, that meant taking obvious steps like ensuring they were up to date with their vaccinations, getting tested if they displayed any symptoms, and isolating if they tested positive.

“If you’re organising the office Christmas party, it’s a good idea to have a testing policy for what may be quite a high-risk event,” he said, adding well-ventilated venues were ideal.

“We’ve now had a lot of experience with this, having organised a few events, and there’s always a handful of people who unexpectedly test positive.”

Kiwis needed to be just as vigilant at family functions – particularly when visiting elderly or vulnerable people – but also be aware of potentially life-saving tools like anti-viral tablets.

“I think there’s now enough evidence to say that mask mandates are needed back on public transport,” he said.

“From the government, we also need clear, detailed guidelines for the public about how to use these tools.

“So far, we’ve had very anodyne, high-level messages; I think we do need more detail for people around how to run safe workplaces, schools and social events.”

Honour recognises public awareness work

Baker’s latest honour – which followed his Prime Minister’s Science Communication Prize and Wellingtonian of the Year in 2021 – acknowledged his contribution to raising public awareness to the value of science.

That included his strong scientific advocacy for the elimination strategy and other measures that contributed to an initial Covid-19 response estimated to have saved thousands of lives.

“This award is strong acknowledgement that communication to policymakers and the public is an essential part of scientific research and knowledge translation,” said Baker, who’s given more than 5000 media interviews on Covid-19, while leading or co-authoring more than 40 peer-reviewed publications.

“This requirement is particularly important for infectious diseases where rapid action is critical for responding to serious outbreaks and pandemics.

“Because infectious diseases are transmitted between people, the behaviour of individuals really matters. This reality means that it is even more important than usual to really engage with the public.

“We need to explain to people what they need to do to protect themselves and those around them, and also why their actions are important.

“And we need to make sure no one is left behind, so health equity is vital.”

* This story was first published on the New Zealand Herald’s website.

Police charge man with murder after fatal hit and run in west Auckland

By
Kaniva Staff
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By RNZ.co.nz

Police say a man has been charged with murder after a fatal hit and run in west Auckland.

Armed police officer at scene of fatal hit and run in Glen Eden in Auckland

A man was hit by a vehicle in a busy shopping area on Glendale Road in Glen Eden at about 12.15pm.

He died at the scene despite the efforts of passers-by to save him.

Police said a 27-year-old man was arrested tonight in New Lynn and would appear in the Waitakere District Court tomorrow.

New Lynn residents could expect to see police in the neighbourhood as they carried out a scene examination, they said.

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