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New Zealand is appropriate forum for US$1.4 million dispute between cable company and Tongan government, says High Court

By
Philip Cass
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The New Zealand High Court has ruled that New Zealand is the right forum for a dispute between the Tongan government, Tonga Cable Ltd and Hawaiki Submarine Cable.

The ruling was made as part of a legal dispute between the three parties over a debt of US$1.4 million which Hawaiki Cable says it is owed.

The Cable company had wanted the case heard in New Zealand, but the Tongan defendants said Hawaiki Cable required leave to serve proceedings on it in Tonga and argued that New Zealand was not a legally convenient location.

However, both sides chose to approach the case using New Zealand law.

Hawaiki Submarine Cable owns and operates a fibre optic submarine cable network which  runs between New Zealand, Australia, Hawai’i and the mainland USA.

It provides international data bandwidth capacity to Hawaiki’s customers.

Hawaiki Cable sued the Tongan government and Tonga Cable Ltd over US$1.4 million it claims is owed a binding agreement.

Under the agreement  Hawaiki Cable laid a spur of the underseas cable to allow Tonga to connect to the Hawaiki cable network. The Kingdom of Tonga was guarantor for the punctual payment of the debt.

The terms of the agreement provided that by March 31, 2019,  Hawaiki Cable  would build the branching unit and complete a marine survey covering the route of the cable spur from the branching unit to Tonga.

Tonga Cable agreed to pay US$1.4 million on the date of execution of the agreement.

It would  pay US$1.4 million on or before  June 30, 2018 and the date on which the Hawaiki cable network and the branching unit was fully built, operational and ready for service;

Tonga Cable  paid US$1.4 million to Hawaiki Cable’s bank account on October 6, 2016.

The marine survey was completed in July 2017. Following acceptance testing in New Zealand and the USA, the Hawaiki cable network and the branching unit were fully built, operational and in-service as from about  July 20, 2018.

In July 2018, an invoice for US$1.4 million was sent to Tonga Cable. Despite the demand, neither Tonga Cable  nor the Kingdom paid the sum.

Subsequently, Hawaiki Cable took legal action.

Associate Judge P.J.Andrew said both sides had chosen to approach the case under New Zealand law and there would be no real difficulty in enforcing a New Zealand judgement in Tonga.

“While there can be no suggestion that the courts of Tonga are unable to determine an apparently straightforward claim under an alleged guarantee, the parties’ choice (which, by implication, is New Zealand law) should be respected in applying New Zealand law as the proper law of contract.

“I thus conclude that New Zealand is the appropriate forum.”

Read More:

TP$6 million“golden opportunity” deal with Hawaiki telecom baffles Tongan authorities

Remembering missing Tongan woman in Australia with a milk bottle

By
Kaniva Staff
-

Amelia Hausia disappeared 27years ago from the Woden Plaza Shopping Centre just before Christmas after a fight with her boyfriend.

Numerous sightings have been reported since her disappearance but no positive identification has ever been made, Australia’s 10 Daily has reported.

The Dubbo girl was just 17 years old when she vanished in Canberra in 1992.

Recently, thousands of bottles of milk sent out to stores across Canberra had been plastered with Hausia’s face along with 11 other missing Australians, some of whom disappeared decades ago.

“Authorities are hoping the joint initiative, between the Australian Federal Police and Canberra Milk will start a new conversation about the region’s missing people, and ultimately help police find them,” AFP Assistant Commissioner Debbie Platz reportedly said.

Before her 25th anniversary of her disappearance in 2017, her brother John, two years younger than Amelia, told of the heartache he feels, Daily Liberal reported.

“There’s always that sorrow and anger and sheer grief, I suppose, that is relived, just talking from my own perspective,” he said.

“Especially at anniversaries, her [recent] birthday… the date where she was last reportedly seen in Canberra.

“For me personally, it’s like a wound that never heals.”

Amelia attended Dubbo West Primary School and Delroy High before going to Canberra to finish her secondary education, staying with relatives.

AG reported to be in Australia for meeting with Facebook over online attacks on royals

By
Philip Cass
-

Attorney General Linda Folaumoetu’i and two senior government officers are in Australia to meet with Facebook representatives, reliable sources have told Kaniva news.

The sources said the meeting would discuss the government’s concerns over what have been described as “violent attacks” on the royal family that were carried on Facebook last month.

The government set up a panel to investigate the attacks which were believed to have been made  by Tongans living in Australia.

It was originally understood the government would make a decision by the end of last month.

The Attorney General said last month police were considering laying treason charges against the people responsible.

“There’s a couple of accounts with Tongan names that have actually shown pictures and comments which may amount to defamation or sedition or treason,” she said, adding that the prime minister and government had also been targeted by some Facebook pages.

The government announced it was considering banning Facebook in the kingdom.

Tonga Cable director Paula Piukala said the move was because of the complexity of the legal situation.

“We cannot hold fake identity responsible,” Piukala said.

“There’s no law applied to this kind of platform.”

Piukala said the government had also considered asking Facebook to install backdoors on local servers so the government could monitor accounts.

“People will be free to write whatever they think and want, but be responsible,” Mr Piukala said.

USP academic Jope Tarai said banning Facebook would be an over-reaction.

He said ordinary Facebook users would pay the price for what he called a “heavy handed” response.

No solution

Kaniva news has argued against shutting down Facebook.

In an editorial last month we said that while it was understandable that the government had been outraged by the attacks on the royal family.

However, shutting down Facebook in Tonga would not solve the problem.

People with the right software would be able to circumvent the ban and continue to post whatever they wanted on Facebook.

The main points

  • Attorney General Linda Folaumoetu’i and two senior government officers are in Australia to meet with Facebook representatives, reliable sources have told Kaniva news.
  • The sources said the meeting would discuss the government’s concerns over the attacks on the royal family that were carried on Facebook last month.

All Blacks run riot over Tonga in 14-try victory

By
Kaniva Staff
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The All Blacks have announced their Rugby World Cup intentions with a dazzling 14-try performance to rout Tonga 92-7 in Hamilton.

Playing with freedom against hopelessly outclassed opposition, the world champions flexed their attacking muscles ominously on Saturday, notching their biggest winning margin over any team in more than a decade.

Winger George Bridge bagged four tries while fullback Ben Smith and inside centre Ryan Crotty crossed twice each in what was a glorified training run before leaving for the global tournament in Japan.

It was a colourful way for Smith, Crotty and captain Kieran Read – who also scored a try – to end their careers on New Zealand soil. The veteran trio will all take up offshore club contracts after the World Cup.

Tongan skipper Siale Piutau crossed three minutes from the end to ensure the All Blacks wouldn’t keep their opponents scoreless for a second straight game, having whitewashed the Wallabies 36-0 three weeks ago.

Up 54-0 at halftime, New Zealand appeared on track to raise a century for most of the game but were held scoreless over the final 15 minutes.

They weren’t helped by their own tactic of fielding just 14 men for that period. They didn’t replace Crotty, choosing to play under-manned to prepare for that contingency at the World Cup.

Otherwise, the hosts were ruthless, playing with a speed the 15th-ranked Tongans couldn’t match.

Steve Hansen’s men won’t get the same leeway when they face the Springboks in a mouth-watering opening World Cup pool game against South Africa in Yokohama on September 21.

Read was pleased his team stayed grounded throughout.

“It’s one of those games where you could have had your eyes on what’s coming over the next couple of weeks but I’m really proud of the way we stuck at it,” he said.

“It’s two weeks until that first big game so it’s important we keep building. It’s the exciting part now from here on in.”

Five-eighth Josh Ioane replaced Beauden Barrett at halftime to make a memorable Test debut.

Ioane’s first touch was a kick off claimed by Bridge, who scored just seven seconds after the restart – most probably a world record.

Tonga face England in Sapporo on September 22 and coach Toutai Kefu, the former Wallabies forward, has a mountainous task to get them up to speed.

Injuries forced Kefu to field Siua Maile as his starting hooker. Maile is a full-time Christchurch roofer who had never previously played higher than club rugby.

Piutau said the lessons came thick and fast for his team.

“We knew it would be hard playing a world class team like the ABs. We prepped as well as we could and had a game plan but we got put to the sword.”

-AAP

OPINION: Interim board’s decision insults coach and players and infuriates Mate Ma‘a’s loyal fans

By
Kalino Latu and Philip Cass
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The decision to sack Mate Ma’a coach Kristian Woolf has damaged the great spirit of rapport that has built up between fans and the team.

Kaniva news has been talking to die-hard supporters in South Auckland about the decision and they vowed to boycott any future Mate Ma’a games.

Many online users frankly expressed their fury and rage against the board. They said they would not tell their children what had happened to the national team, because the Mate Ma’a was their idol.

The fans’ great affinity with the team has manifested itself in their vocal support at matches. The team’s successes have also led Mate Ma’a to push hard for more games against tier one teams as a reward for their support.

The interim board’s decision to sack Woolf, who has coached the team to new levels of success  is discourteous to the team’s fans.

It is also a slap in the face for the team, especially those players like Jason Taumālolo who gave up playing for New Zealand or Australia for the honour of representing the kingdom.

Players like Andrew Fifita, Siua Taukeiaho, Manu Ma’u and David Fusitu’a  gave up substantial fees to play for Tonga and volunteered their time and effort to give back to the kingdom by building up the  team’s international reputation.

Fifita is reported to have forfeited a Aus$30,000 tournament payment as well as a possible Aus$20,000 payment if the Kangaroos won the World Cup.

If he takes to the field for Mate Ma’a during this year’s tournament, which starts on October 27, he will get $30 a day.

Tonga is unlikely to have the money to pay the players what they could be earning any time soon.

Thanks to the sacrifice and skill of all the Mate Ma’a players Tonga is no longer just a team from the Pacific pool, but a new force on the world rugby league stage.

They may not have won all their matches, but the world’s top tier teams now know that win or lose, the Mate Ma’a – and their fans – will make it a memorable occasion.

Koloamatangi

When interim board chair George Koloamatangi confirmed that Woolf had been sacked, he said it was because there were issues the board and Woolf could not agree on.

These included sponsorship, managing the team and negotiating with sponsors.

Were these issues really such an obstacle that they could not be solved without sacking Woolf?

All the interim board has done is to insult Woolf and the players and to shock and infuriate the fans.

With the World Nines and other matches in the offing, the decision could not have been more damaging.

As Kaniva news reported last night, judging from his comments on Thursday, Koloamatangi already seems resigned to losing at least some of the current players.

If Mate Ma’a’s players do decide to walk, does he really think he and the rest of the interim board can whip up another world-challenging team out of thin air?

It is time for the board to reconsider its decision.

Waitakere library teaches Tau‘olunga as part of Tongan language week celebrations

By
Kalino Latu
-

Waitakere library hosted a celebration of Tongan dance this afternoon when a small,  but enthusiastic group was led through the  basic  movements of the Tau’olunga.

Participants danced to Sei o Fafine, which was composed by Queen Salote III.

Library assistant Monty Lakatani, who is of Tongan descent, said he was passionate about Tongan dance and culture, but said he wasn’t a punake (instructor).

However, he did admit to watching his three sisters, who teach dancing, very closely.

People from New Zealand, Tonga, Romania and New Guinea attended.

Among those attending was  Seini Rea and her grand-daughter Isabelle.

Mrs Rea is originally from Ma’ufanga and has been in New Zealand for 44 years. She regularly returns to the kingdom and is looking forward to returning in December.

She said she had brought her granddaughter Isabelle to introduce her to the dance.

Other participants included Devah Hill-Tupou from Auckland Girls Grammar.

Kathleen Reihana said she attended on the spur of the moment after hearing an announcement.

This afternoon’s event as part of Tongan Language Week, which is being celebrated at libraries across Auckland.

Other events today included food demonstrations, traditional dance and fun family activities at Mangere and Otahuhu local libraries will host.

Te Matariki Clendon Library demonstrated how to make Otai at the Tutubugs children’s club.

Tomorrow, September 6, there will be a special Tongan story time at Manurewa Library from 10.30-11am, along with simple yoga and stretches for children.

Glen Innes Library will hold a bilingual story time with stories, songs and rhymes from 10-10.30am.

The main points

  • Waitakere library hosted a celebration of Tongan dance this afternoon when a small,  but enthusiastic group was led through the  basic  movements of the Tau’olungao.
  • Participants danced to Sei o Fafine, which was composed by Queen Salote III.

For more information

Big range of free events at Auckland libraries to celebrate Tongan language week

Big range of free events at Auckland libraries to celebrate Tongan language week

Photos: Monty Lakatani leads the dance group at Waitakere library.

“It’s their choice,” MMT interim chair says as players continue threats to stay off the field

By
Philip Cass
-

Interim Mate Ma’a board chair George Koloamatangi seems resigned to losing at least some of the current team.

“We will be contacting the players this afternoon,” Koloamatangi told a press conference yesterday.

“We still want them to play for Tonga. But it’s their choice.”

Andrew Fifita has gone on line to threaten that the current players will refuse to play if Koloamatangi and Clive Edwards are not removed from the board.

“We need friends, family and fans get behind the players of MMT and help bring our coaching staff back…As players we will not take part in the world 9s and the  test matches at the end of the year,“  Fifita wrote.

As Kaniva news reported earlier this week, the Mate Ma’a players threatened to pull out of any further involvement with Mate Ma’a Tonga if their complaints against the interim board were not resolved.

The team players claimed the interim board had breached agreements they made in their first meeting.

Tongan Broadcasting Commission quoted from a letter allegedly sent by the players which said:  “…we will be withdrawing from the World Nines to be played in October 2019 and considering a position for the upcoming Tests against Great Britain and Australia.”

Koloamatangi said he would be flying to Australia next week to meet with the players.

Sacked

The interim board confirmed it sacked Woolf at a press conference yesterday.

Interim board chair George Koloamatangi said it was not an easy decision but it was done because there were a number of issues the board and Woolf could not agree on.

“Things like looking for sponsorship and managing the team, negotiating with sponsors,” he said.

“But that is the responsibility of the home federation [TNRLB].”

He said these responsibilities were handled previously by Woolf before the new board was selected

Woolf was sacked by e-mail.

Koloamatangi e-mailed Woolf saying he had tried calling him and had left a message on his phone.

“We held a board meeting yesterday and the board resolved to remove you from the head coach of the Tonga National Rugby League team (MMT) it was unanimous,” the e-mail said.

“We also met with all the clubs today and they have endorsed the decision therefore since there were no objections I am conveying the decision of the board.”

Koloamatangi  said the board had not heard back from Woolf after his dismissal although they said they had been trying to contact him.

The main points

  • Interim Mate Ma’a board chair George Koloamatangi seems to be resigned to losing at least some of the current team.
  • “We will be contacting the players this afternoon,” Koloamatangi told a press conference yesterday.
  • “We still want them to play for Tonga. But it’s their choice.”

For more information

Andrew Fifita lodges complaints against interim National League board; players threatened to pull out of Mate Ma’a Tonga

Andrew Fifita lodges complaints against interim National League board; players threatened to pull out of Mate Ma’a Tonga

Jason Taumalolo’s father wants to “leave son alone;” complaint letter was unsigned, says Television Tonga

Jason Taumālolo’s father wants to “leave son alone;” complaint letter was unsigned, says Television Tonga

Tonga players threaten strike action over coaches sacking, offer ultimatum

https://www.stuff.co.nz/sport/league/115593818/tonga-players-threaten-strike-action-over-coaches-sacking-offer-ultimatum

Solomone Kata quits MMT after reports interim board fired coach Kristian Woolf; players and supporters outraged

By
Kalino Latu
-

Mate Ma’a Tonga centre Solomone Kata has quit the national team and expressed his disappointment after reports the interim league board has fired head coach Kristian Woolf.

 “We have heard that the head coach would be changed but we did not believe it,” Kata said.

“But I have just spoken with the coach and he told me he had received an e-mail from the Tonga National League Board today saying he was sacked,” Kata said in Tongan.

Kata asked the Board on Facebook whether they had dismissed the coach ”because of his honesty”

Kata said Woolf had worked hard since 2013 and when the MMT was not widely popular and now “you sacked him.”

He then said in Tongan: “Kae kehe kou tatau atu au ki he Lanu hinehina moe kulokula ! Ofa lahi atu ki he Tonga kotoa pe !”

This translates into English as: “However, I am saying good bye to the white and red colour. Lot of love to all Tongans.”

Kaniva news has been reliably informed this evening the interim board announced it had sacked Woolf.

Former professional rugby league footballer John Hopoate, whose son Will Hopoate was Mate Ma’as’s fullback, lashed out at the interim board on Facebook, saying he had just spoken with the players who had written a letter to the board.

“If this interim board think they can come in and do this after all the hard work we have done to get the players to play for Tonga and to stay loyal to us they got another thing coming,” John Hopoate wrote on his Facebook page.

He did not give the details of the letter, but various sources claimed the players gave the interim board 10 days to come up with a solution before they all pulled out.

He accused the board of wanting to take control of the team’s money and finances for their own benefit.

“They have sacked the coach and will try get rid of the staff too,” John wrote on his Facebook page.

It is understood Andrew Fifita and Jason Taumalolo were working hand in hand on another move to address the issue after Fifita complained to Prime Minister ‘Akilisi Pohiva that he and the players were dissatisfied with the board.

The interim board could not be reached for comment. However, reliable sources said the board believed that if the current Mate Ma’a players pulled out there were other players who were willing to represent Tonga.

The report of Woolf’s dismissal has been met with outrage online, with many people calling on the interim board members to leave the organisation and demanding that the new board member election to be called immediately.

As Kaniva news reported this week, the players threatened to pull out of any further involvement with Mate Ma’a Tonga if their complaints were not resolved.

The board was accused of breaching agreement with the players in their first meeting.

The reported sacking of the head coach came after prop Fifita warned last month that the board appeared to have plans to change him for the World Cup Nines 2019 next month, something the board denied.

The players were unhappy with the interim general secretary, lawyer Williams Clive Edwards Jnr, and interim Chair Siaosi Koloamatangi and Fifita has told the Prime Minister they wanted these two members removed from the interim board.

Fifita said they were disappointed after they had found out that $55,000 had been withdrawn from a Tonga rugby league bank account in Australia by the board members and they were dissatisfied with how the money was used.

It has been claimed that the  money was actually part of a gift from the World Cup for the Mate Ma’a Tonga and was supposed to be paid out to players. The players wanted to keep the money in the bank as security for future games.

The main points

  • Mate Ma’a Tonga centre Solomone Kata has quit the national team and expressed his disappointment after reports the interim league board has fired head coach Kristian Woolf.
  • “We have heard that the head coach would be changed but we did not believe it,” Kata said.
  • “But I have just spoken with the coach and he told me he had received an e-mail from the Tonga National League Board today saying he was sacked,” Kata said in Tongan.

For more information

Videos recorded while prop Andrew Fifita complaint to PM Pōhiva against interim board members released to Kaniva news

Videos recorded while prop Andrew Fifita complaint to PM Pōhiva against interim board members released to Kaniva news

Videos recorded while prop Andrew Fifita complaint to PM Pōhiva against interim board members released to Kaniva news

By
Kalino Latu
-

A video showing Mate Ma’a Tonga  prop Andrew Fifita complaining to Prime Minister ‘Akilisi Pōhiva about members of the Tonga Rugby League interim board has been released to Kaniva news.

We received two video clips, one running for 1.38 minutes and the other 12 seconds.

The videos came after we reported on Monday night that Fifita had complained to Hon. Pōhiva. The report met with some strong reaction from online users who claimed this was not true.

Jason Taumālolo’s father took to Facebook and denied Taumālolo wasn’t involved in any complaints against the interim board and allegedly signed a letter.

On Monday night Kaniva news published a story reporting on claims made by Television Tonga that a letter of complaint had been submitted. We did not say that Taumālolo signed a letter. We said, Fifita reportedly told the Prime Minister he was complaining on behalf of all the Mate Ma’a Tonga players.  

The videos were taken in a room at Vaiola hospital on Thursday, August 28,  by former board member Matani Nifofā, who recorded the meeting.

In the 1.38 minutes video clip Fifita can be overheard complaining to the Prime Minister about two of the interim board members.

He said he met with local rugby league teams in Tongatapu about their dissatisifaction against the two board members.

“We sat down with the local teams to try and push for an AGM so we can get these two off,” Fifita can be heard as saying in the clip.

Nifofā said before the video was recorded Fifita told Hon. Pōhiva he and the players were unhappy with the interim general secretary, lawyer Williams Clive Edwards Jnr, and interim Chair Siaosi Koloamatangi.

Fifita said they had found out that $55,000 had been withdrawn from a Tonga rugby league bank account in Australia by the board members and they were dissatisfied with how the money was used.

As Kaniva news reported yesterday, the board members said  they used the money from the Australian bank accounts to fund necessary expenses for the Mate Ma’a Tonga team.

It has been claimed that the  money was actually part of a gift from the World Cup for the Mate Ma’a Tonga and was supposed to be paid out to players. The players wanted to keep the money in the bank as security for future games.

The videos showed other former board members sitting on chairs in the room while Fifita was next to the Prime Minister’s bed.

Present in the room were former secretary general Tavake Fangupō, Vilisoni Tu’iniua, who is also a Television Tonga presenter,  a brother of Fifita and the Prime Minister.  

Tu’iniua told Kaniva news he was contacted by Fangupō and asked if he could organis a meeting for the Prime Minister and Fifita.

In one of the videos, Fangupō can be heard telling Hon. Pōhiva Jason Taumālolo was playing last week but he could come to Tonga with the coach if an AGM was called.

The Prime Minister said he was sick, but he would address Fifita’s complaint.

As we reported, the players threatened to pull out from any further involvement with Mate Ma’a Tonga if their complaints were not resolved.

Nifofā said they were at the meeting because Fifita contacted them because he wanted to have a point of contact in Tonga and that was how they joined Fifita when he went to the Prime Minister. He said Fifita also met with the local teams.

The main points

  • A video showing Mate Ma’a Tonga  prop Andrew Fifita complaining to Prime Minister ‘Akilisi Pōhiva about members of the Tonga Rugby League interim board has been released to Kaniva news.
  • The videos came after we reported on Monday night that Fifita had complained to Hon. Pohiva. The report met with some strong reaction from online users who claimed this was not true.

For more information

Andrew Fifita lodges complaints against interim National League board; players threatened to pull out of Mate Ma’a Tonga

Andrew Fifita lodges complaints against interim National League board; players threatened to pull out of Mate Ma’a Tonga

Jason Taumalolo’s father wants to “leave son alone;” complaint letter was unsigned, says Television Tonga

Jason Taumālolo’s father wants to “leave son alone;” complaint letter was unsigned, says Television Tonga

Student speaks out over racial abuse since moving from Tonga

By
Kaniva Staff
-

By Anan Zaki , RNZ

A Tongan student has described the racial abuse she has faced since moving to New Zealand.

Maryanne Tupou, who is a law student at the University of Canterbury is one of four tertiary students and staff that spoke to RNZ News about racism they have experienced in New Zealand.

Ms Tupou, who moved to Christchurch in 2014, says she has been called the n-word on the streets of Christchurch and other derogatory remarks about her race.

She said she also experienced racism for being a Polynesian at a private all girls school.

Ms Tupou said during her time at the private school, people often questioned her belonging at the school because of her darker skin.

“This couple was walking in [to the school] … and I could hear the woman say ‘I didn’t know black people could go here’,” she said.

Outside of her school life, the racism continued.

“One night, we were just in some club and on the dance floor … and there was this guy standing there and he just looked at me and was like ‘n*gger b*tch!'”

Ms Tupou said she has also been yelled at by cars driving past her on the streets of Christchurch.

“They just drove past, put their head out the window and they’re like ‘get back to your f*cking boat!’

“I mean I came here on a plane, but okay,” Ms Tupou said.

But the racism doesn’t stop there.

“And I’ve had so many people that go, ‘oh you’re pretty hot for a black girl’ or ‘oh I’ve never f*cked a black girl before’, and I’m just like okay, cool very dehumanising but cool,” Ms Tupou said.

Ms Tupou believes New Zealand needs more education on other cultures and faiths for it to become more tolerant.

“I think just teaching people to be more open minded, you don’t have to be like ‘oh my god I’m so sorry for all the things that has happened to you’ … you don’t have to walk in their shoes, just try and understand what it must be like for them to be in their shoes.”

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