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Tongan authorities seize illegal turtle meat found in shipment at Queen Sālote Wharf

A shipment of illegal sea turtle meat bound for Nuku’alofa has been seized by Tongan authorities.

More than 190 kg had been found in the shipment at Queen Sālote Wharf on Friday last week.

The meat together with shells were deemed illegal because they were not certified by an authorised Fisheries officer.

“Failure to comply, is an offence under the FMA 2002,” a statement said.

The Police are still working on this case, it said.

The Ministry of Fisheries enforcement team along with a Police task force team made the seizure while the MV ‘Otumotuanga’ofa was unloading at the wharf.

It said the ship departed Pangai, Ha’apai and heading straight to Tongatapu before the seizure.

“According to the Fisheries Management Act (FMA)2002, the ban season for turtle is from August to February, but there are also regulations that every person should comply with accordingly. Fisheries Management (Conservation) Regulations 2008; Regulation 24(g) states –
“No person shall possess or sell turtle meat out of the shell, unless it has been certified by an authorised officer that it came from a turtle of legal size.”

Meanwhile, the Ministry of Fisheries has appealed to the public to avoid violating Fisheries Regulations and Act 2002 to conserve marine resources and to ensure a sustainable fishery for Tonga.

Supreme Court opens way for AG to comment on dispute over claim for cable damage

The Supreme Court has ruled that the Attorney General may apply to be heard on a ruling on a dispute over damage to the undersea internet cable on January 20, 2019.

On that date, the Duzgit Venture, a Maltese-registered  vessel carrying fuel to Tonga, sailed into Nuku’alofa, the starboard anchor and chain were prematurely released.

As the anchor and chain were being winched back in, a cable was observed caught in the anchor.  The cable was one of two undersea communications cables owned by the Defendant connecting Nuku’alofa, Ha’apai and Vava’u within Tonga with Suva in Fiji.

Ropes were used to remove the cable from the anchor.

Tonga Cable Ltd claimed US$1,237,890.06 for damage to the cables.

The owner of the ship, DS Venture Ltd, has claimed that any claims for loss or damages were limited by Section 2 of the Shipping (Limitation of Liability) Act 1980 (SLLA), which provides that:

“The owners of a ship , Tongan , Commonwealth or foreign , shall not , where all or any of the following occurrences take place without their actual fault or privity (that is to say)

(a) where any loss of life or personal injury is caused to any person being carried in the ship;

(b) where any damage or loss is caused to any goods , merchandise or other things whatsoever on board the ship ;

(c) where any loss of life or personal injury is caused to any person not carried in the ship through the act or omission of any person (whether on board the ship or not) in the navigation or management of the ship or in the loading, carriage or discharge of its cargo , or in the embarkation, carriage or disembarkation of its passengers , or through any other act or omission of any person on board the ship ;

(d) where any loss or damage is caused to any property (other than any property mentioned in paragraph (b) of this section) or any rights are infringed through the act or omission of any person (whether on board the ship or not) in the navigation or management of the ship or in the loading, carriage or discharge of its cargo, or in the embarkation, carriage or disembarkation of its passengers, or through any other act or omission of any person on board the ship, be liable to damages beyond the amounts set forth in the Schedule to this Act .

The ship’s owners argued that  the SSLA provided formulae by which to calculate a ship owner’s maximum liability for property and personal claims by reference to the tonnage of the ship multiplied by various amounts of francs.

The owners allege that by application of the formula here, the limit of its liability for the incident is TOP$859,403.82.

Lord Chief Justice Whitten, presiding, said the other relevant was the Shipping Act (1973).  Section 3 of the 2016 revised edition applies to all vessels registered and licensed under the Act or regulations on any voyage and in any waters and to every ship in Tongan Territorial waters or in a Tongan port or harbour, and to any ship on which Tongan seamen are employed.

“The Plaintiff has pleaded, that if the Convention on Limitation of Liability for Maritime Claims 1976 and Protocol of 1996 (LLMC) is in force in Tonga, then by the application of the relevant formulae in that Convention, its maximum liability for all claims here will be TOP$3,348,496,” the judge said.

“Accordingly, the Plaintiff seeks a declaration that its liability for the incident is limited to the lower amount calculated by reference to the SLLA; alternatively, the higher amount by reference to the LLMC.”

However, Lord Chief Justice Whitten said that the SLLA provided, that the LLMC would not become the law of Tonga until the Minister had given notice to that effect in the Gazette. This, however, had not been done.

Therefore, if the plaintiff was entitled to a limitation of its liability, the SLLA applied.

“However, as this is a matter both rare in occurrence in Tonga and of some national importance, I will direct that this ruling be served on the Attorney General and reserve liberty to the Attorney General to apply to intervene to be heard on this issue,” the judge said.

“In the event the Attorney General concurs with the parties on this issue, she is kindly requested to file a memorandum to that effect.”

Health CEO denies rumours Tonga A players came into contact with suspected coronavirus flight attendant on their return flight to kingdom

The Ministry of Health CEO Dr Siale ‘Akau’ola has denied reports Tonga A Rugby Union Team players may have come into contact with a flight attendant who was later suspected of showing signs of coronavirus.

It was alleged the Tongan team players were on their way back to the kingdom from Fiji on Monday 17 when the incident happened.

The allegations on social media have triggered concerns from many online users over the weekend.

In his reponse to Kaniva denying the allegations Dr ‘Akau’ola said in Tongan: “Oku ikai mooni e talanoa fekauaki moe kau akapulu naa nau heka he vakapuna nae ngaue ai ae tokotaha i Fisi nae puke he Covid 19.”

As Kaniva News reported earlier this morning, Tonga is now banning all travellers from outside the country in an unprecedented move to seal its borders amid the coronavirus crisis.

The announcement came after Prime Minister Pōhiva Tu’i’onetoa said on Friday Tonga has closed its borders to everyone but citizens and residents in an attempt to stop the spread of coronavirus.

A Ministry of Health statement this morning shows all aircraft expected to arrive in Tonga today Monday 23 until Saturday 28 had been cancelled in a bit to prevent COVID-19 spreading to the kingdom.

Tonga has no confirmed case of coronavirus.

Last week PTOA Party Leader MP Semisi Sika called on government to close down its borders.

 “Lock down all our international ports Tonga,” Hon Sika wrote on Facebook last week.

His post received more than 500 reactions, more than 100 comments and 235 shares.

One if his supporters responded and said it was better to be safe than sorry.

However, some did not agree with Hon Sika.

“If you shut down the port how will the Tongan people get their petrol, toilet paper, sugar, flour, sipi, moa, soap, medicines and hospital equipment, building materials and etc?…” a commenter wrote.

When Prime Minister Pōhiva Tu’i’onetoa announced on Friday Tonga was in a state of emergency over coronavirus pandemic he told reporters the government was raising the alert to another level.

The government previously said it was too early to make a decision to close down its border due to various reasons including shifting of pharmaceutical products from overseas.

Tonga closes borders amid coronavirus fears

Tonga is banning travellers from outside the country in an unprecedented move to seal its borders amid the coronavirus crisis.

A Ministry of Health statement shows all aircraft expected to arrive in Tonga today Monday 23 until Saturday 28 had been cancelled in a bit to prevent COVID-19 spreading to the kingdom.

Tonga has no confirmed case of coronavirus.

When Prime Minister Pōhiva Tu’i’onetoa announced on Friday Tonga was in a state of emergency over coronavirus pandemic he told reporters the government was raising the alert to another level.

The government previously said it was too early to make a decision to close down its borders due to various reasons including shifting of pharmaceutical products from overseas countries.

“This diversion order is issued on the basis that I have reasonable grounds to believe that it is necessary to divert the above-mentioned conveyances (aircrafts) to a place outside the Kingdom to prevent the introduction, or spread of the coronavirus disease (COVID-19) which is an Emergency Notifiable Condition under the Declaration of an Emergency Notifiable Condition issued on 12 March 2020, and Gazetted on 13 March 2020, or other significant threat to Public Health of the Kingdom as specified under the Declaration of Public Health Emergency on 12 March 2020, and Gazetted on 13 March 2020,” the Ministry of Health CEO said in statement.

“Pursuant to the authority conferred upon me under section 117(1) and (2)(c)(i) of the Public Health Act, I hereby order the following conveyances (aircrafts) to be diverted to a place outside the Kingdom:

  1. Name of conveyance (aircraft): Fiji Airways (FJ211)

Expected Date of Arrival: 23/03/2020

  1. Name of the conveyance (aircraft): Air New Zealand (NZ 270)

Expected Date of Arrival: 23/03/2020

  1. Name of the conveyance (aircraft): Talofa Airlines (TA 407)

Expected Date of Arrival: 23/03/2020

  1. Name of the conveyance (aircraft): Virgin Australia (VA 95)

Expected Date of Arrival: 24/03/2020

  1. Name of the conveyance (aircraft): Fiji Airways (FJ211)

Expected Date of Arrival: 24/03/2020

  1. Name of the conveyance (aircraft): Virgin Australia (VA 61)

Expected Date of Arrival: 24/03/2020

  1. Name of the conveyance (aircraft): Virgin Australia

Expected Date of Arrival: 26/03/2020

  1. Name of the conveyance (aircraft): Talofa Airlines (TA 407)

Expected Date of Arrival: 26/03/2020

  1. Name of the conveyance (aircraft): Fiji Airways (FJ211)

Expected Date of Arrival: 26/03/2020

  1. Name of the conveyance (aircraft): Virgin Australia (VA 61)

Expected Date of Arrival: 26/03/2020

  1. Name of the conveyance (aircraft): Air New Zealand (NZ974)

Expected Date of Arrival: 26/03/2020

  1. Name of the conveyance (aircraft): Air New Zealand (NZ 270)

Expected Date of Arrival: 27/03/2020

  1. Name of the conveyance (aircraft): Fiji Airways (FJ213)

Expected Date of Arrival: 28/03/2020

  1. Name of the conveyance (aircraft): Fiji Airways (FJ211)

Expected Date of Arrival: 28/03/2020

  1. Name of the conveyance (aircraft): Air New Zealand (NZ 974)

Expected Date of Arrival: 28/03/2020″

High Court sentences senior Cripps member to five years detention for violent prison assault

The High Court in Auckland has sentenced Tongan criminal Siuaki Lisiate to five years and two months preventive detention on a charge of wounding with intent to cause grievous bodily harm.

Lisiate, who is a senior member of the Cripps gang,  is already serving a life sentence.

Lisiate had pleaded guilty to the charges brought against him. He and his co-defendants, Te Ariki Poulgrain and Tama Tapine, were serving time in the maximum security wing at Auckland Prison at Paremoremo. 

The victim, Mr Burton, was also a sentenced prisoner in that unit.  Mr Burton has a significant and serious criminal history.  He is also disabled to the extent he has a prosthetic leg.

In his summing up, Judge Venables said Lisiate posed such a threat to the community both within prison and outside prison that a sentence of preventive detention was required.

At around 9.30 am on 11 May 2018 Mr Burton was walking down the landing from his cell towards a cross-passage grill.  As he approached where Mr Tapine was standing Mr Tapine suddenly and without warning punched Mr Burton with a right hook to the face. Mr Burton stumbled back and fell to the ground.

Poulgrain and Lisiate then attacked Burton as he lay on the ground. During the assault he stabbed at Burton more than  40 times.

The attack only stopped when prison officers entered the landing in force.  He and Poulgrain threw down their home made weapons.

Burton was taken to hospital with life threatening injuries.  He sustained a number of stab wounds to his arm and torso and a serious eye injury.

Judge Venning said Lisiate was the product  of a broken home, failure to complete schooling, early abuse of alcohol and drugs and involvement in gangs.

“ It is apparent from all the reports that you are effectively institutionalized,” the judge said.

“You were first imprisoned at the age of 17.  Since then you have amassed about 25 convictions for serious offending.  The offending has escalated from burglary to assault to robbery to aggravated robbery to murder before this present offending.” 

“Regrettably, the causes of your offending are deep- seated within you,” the judge said.

“I consider you to be a high risk of reoffending in a violent way.  You have no insight into your offending.  You lack empathy for victims and the people you harm. “

The judge said It was relevant that Lisiate was already subject to life imprisonment.  The Court could impose a finite sentence for the current offending.  The Court of Appeal had made it clear that life imprisonment was not necessarily a bar to a sentence of preventive detention. 

“I consider your offending in this case to be of sufficient seriousness to warrant the imposition of preventive detention even though you are serving a sentence of life imprisonment.” 

Parents alerted after dad of student attending Tongan Fiafia night at Auckland school tests positive for coronavirus

The Mt Roskill Grammar school has written to all parents after a father of a pupil tested positive for the coronavirus.

The dad returned to Auckland from Europe and on March 12  he attended the Tongan Fiafia event at the school that night for about an hour, Principal Greg Watson’s letter said.

Hundreds of Tongan students enrolled with the school.

Watson assured all parents guidance is being followed and advised them to visit the government website covid19.govt.nz for information about symptoms of the virus.

“We have sought the urgent advice of the Ministry of Education and Ministry of Health,” the email reads.

“Health authorities are contacting the few people who are considered close contacts. We have received initial advice from the Auckland Regional Public Service that most people who attended the event, and the wider school community, will not have been exposed to the person and therefore are not at risk.”

“I’m sorry to be giving you this news,” Watson wrote. “Our Roskill spirit of manaakitanga – upholding the dignity of all – will be our guide at this difficult time.”

Meanwhile Director-General of Health Ashley Bloomfield said the alert level was staying at 2 as there was still no evidence of community outbreak, though two possible cases were still being investigated.

Community transmission of Covid-19 not confirmed – Ministry of Health

Work on determining whether community transmission of Covid-19 in New Zealand is still ongoing after 14 new cases of illness were confirmed today.

At a media conference in Wellington this afternoon, Ministry of Health Director-General Dr Ashley Bloomfield said five of the new cases were in Auckland, one in Northland, one in Canterbury, two in New Plymouth, two in Waikato, one in Tauranga, one in Coromandel and one in Dunedin. It brings the total number to 66.

They are all in self-isolation and their close contacts have also been identified and told to self-isolate.

Eleven have a history of international travel, while one is a close contact of a confirmed case.

Two were attendees at the World Hereford Conference in Queenstown from March 9-13 and the cases were being linked with international travel, and not due to community transmission.

Just over 1200 tests were carried out yesterday, bringing the total to 6000.

Yesterday, 13 new cases were confirmed, two of which could not be immediately linked with international travel. Dr Bloomfield said work was still ongoing to determine whether these should be classified as cases of community transmission.

“Our further investigations of these two cases have still not identified a firm link to overseas travel,” he said.

“Just for clarity, community transmission is when we cannot confirm exactly where the infection came from.

“As we investigate these cases further, including close contact tracing, this increases our understanding of what the infection pathway might have been and we can then communicate with anyone who was a close or casual contact and ensure appropriate action is taken.”

There were four probable cases, where tests had returned negative but officials believed they had Covid-19.

Also today, a staff member at a rest home and respite care facility, Ellerslie Gardens, in Auckland has tested positive for Covid-19.

The facility says the staff member had recently returned from overseas.

It says it is working with the Ministry of Health to find out which staff members and residents will need to be tested.

Two cruise ships – the Ruby Princess and Celebrity Solstice – had recently visited New Zealand and both had confirmed cases of Covid-19, Bloomfield said.

“We are asking any passengers on those two ships, who left the ships during their stay in New Zealand to self-isolate for 14 days since they last had contact with other ships’ passengers and to be aware of symptoms and seek advice if they do develop symptoms.”

Details of the movements of both ships could be found on the Ministry of Health’s website.

Health officials were in direct contact with New Zealanders who were onboard the two vessels.

Yesterday Prime Minister Jacinda Ardern announced a new four-level alert system to combat Covid-19 and advised against any non-essential travel within New Zealand.

Dr Bloomfield said the country’s response to the Covid-19 remained at level 2. It reflected the disease was contained, but that the threat of community transmission was growing.

At level 2, those aged over 70, those with chronic respiratory illnesses and people with compromised immunity, were asked to stay at home.

Dr Bloomfield said he had a message for these people: “We know many of you are fit and healthy and living active lives, but the older we are, the less our immune system is able to fight off this virus and indeed other viruses for infections and we have seen from overseas that older people are at more risk of serious complications.

“So we are strongly encouraging you, in fact urging you, to be aware of the need to stay at home and not to have contact with others.”

These people should ask friends and family, and particularly children, not to visit.

Earlier today, Finance Minister Grant Robertson said the government would move to the next two phases of the Covid-19 alert levels, if yesterday’s two confirmed cases were proven to be the result of community transmission.

A level 3 alert status recognises a heightened risk that the disease is not contained and demands that authorities further restrict travel and public gatherings.

A host of public venues would face closures, including gyms, libraries, museums, food courts and pools.

Some non-essential businesses would face closure too.

Dr Bloomfield said Healthline was overloaded and he pleaded with people to use it properly. It was not there to give general advice, nor to offer information about self-isolation, he said.

Two Covid-19 suspects test negative, as government restricts travel under state of emergency

Tonga’s two latest suspected cases of coronavirus have tested negative.

The TBC quoted Health Minister Hon. Dr ‘Amelia Tu’ipulotu as saying the laboratory tests showed they were not infected.

“The results were received last night by health officials after they were sent to Melbourne Australia on Tuesday night,” Dr Tu’ipulotu said.

Dr Tu’ipulotu said while Tonga had not yet had a positive case of Covid-19, the public needed to co-operate with health officials to ensure the borders were well protected with the resources available.

As Kaniva news reported earlier this week, Ministry’s CEO, Dr Siale ‘Akau’ola confirmed that three people had been  quarantined at His Majesty’s Armed Forces camp at Fua’amotu.

Dr ‘Akau’ola said the three people travelled through countries listed in Tonga’s Travel Advisory Number 4 and where coronavirus had spread. One of them was released almost immediately.

Closures

As reported early today, Prime Minister Pōhiva Tu’i’onetoa has declared a state of emergency, effective until April 17, 2020.

The government has forbidden indoor gatherings of more than 20 and outdoor gatherings of more than 40 people

The government’s new regulations on closures do not apply to  churches or schools.

A letter from the head of the Catholic church in Tonga, Cardinal Soane Mafi, was read in churches on Sunday advising the congregations to distance themselves and how to make distancing like avoiding shaking hands.

However, mass and normal prayer services were not banned or restricted.

It is understood  that the Free Wesleyan Church has called off its annual church conference which was expected to be held in ‘Eua in May was called off.

This is one of the biggest gatherings in Tonga each year, since the FWC is the kingdom’s largest denomination.

Latest developments

About 50 US Peace Corps returned to the United States US today.

The Minister of Education said Tongan students at the University of the South Pacific in Fiji would continue to stay there because the University is still open.

Fiji has one case of coronavirus.

Samoa has its first suspected case of coronavirus – a person who arrived in the country from New Zealand.

Radio New Zealand quoted the Samoan Ministry of Health as saying all those intending to travel to Samoa for “birthdays, weddings, reunions, funerals, conferences, sports, etc” should cancel their travel plans.

The main points

  • Tonga’s two latest suspected cases of coronavirus have tested negative, but another suspected case has been detected at Vaiola.
  • The TBC quoted Health Minister Hon. Dr ‘Amelia Tu’ipulotu as saying the laboratory tests showed they were not infected.

For more information

Two suspected cases test negative for Covid 19

Coronavirus: Tonga declares State of Emergency, shuts borders to all but citizens and residents

Ministry confirms three people quarantined; one released, two waiting for coronavirus tests

Coronavirus: Tonga declares State of Emergency, shuts borders to all but citizens and residents

Prime Minister Pōhiva Tu’i’onetoa said today the kingdom is now in a state of emergency, effective at 8.30pm this evening until 17 April 2020.

He said the declaration was subject to further review.

Hon Tu’i’onetoa said Tonga has closed its borders to everyone but citizens and residents in an attempt to stop the spread of coronavirus.

The government banned indoor gatherings of more than 20 and outdoor gatherings of more than 40 people.

Weddings, funerals, concerts, kava clubs, nightclubs and sports are also banned.

The measures did not apply to churches and schools.

Hon Tu’i’onetoa made the announcement during a news conference this afternoon.

He said all travelers from overseas will have to undergo a 14-day quarantine except doctors, nurses and other health care workers who will arrive in Tonga to help the situation.

He said there have been no confirmed cases of Covid-19 in Tonga.

The state of emergency means many closures and restrictions are now required to be followed by law.

“It is clear that this is a public emergency in Tonga. I’m therefore satisfied that COVID-19 is a public health emergency and is imminent and will threaten and endanger lives of people in Tonga,” the Prime Minister said.

“Therefore this requires a significant and coordinated response.

“The powers under sections 30 and 37 of the Act shall be invoked to prevent and minimize illness and loss of human life.

I therefore issue this declaration of a State of Emergency to be applied all over the land and sea areas of Tonga commencing from 20hrs of 20 March until 17 April 2020, unless further review.”

On Police Ten, the hunt for Meliame Fisi‘ihoi’s killer continues

(NZ) A killer who apparently shot Meliame Fisi’ihoi through her living room window is still on the run nine weeks later.

Fisi’ihoi was located deceased at her home on Calthorp Close, Favona in the early hours of 15 January 2020.

Since then, Police launched Operation Truro to investigate her death.

Acting Detective Inspector Shaun Vickers said Police have conducted numerous enquiries into the death, including area canvases and reviewing large amounts of CCTV footage.

“A dedicated team has worked on Operation Truro to try and piece together the circumstances of Meliame’s death.

“This was a tragic incident in which an innocent woman lost her life, leaving her family devastated.”

Vickers said tonight’s (Thursday 19) Ten 7 episode renews the Police appeal for information.

“I urge the public to tune in and help us with this case. Meliame’s family rightly deserves answers about those responsible for her death.

“There are people out there who know who is responsible for Meliame’s murder and they need to do the right thing and contact us.”

The case will feature on Police Ten 7 tonight at 7.30pm on TVNZ 2.

Anyone with information can contact Counties Manukau Police on (09) 261 1321 or call Crimestoppers anonymously on 0800 555 111.