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Witnesses cite argument over bulldozer, but Rev says dispute with Lord Fohe was ‘minor’

By
Kalino Latu
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The noble of Puke, Lord Fohe and his Free Wesleyan church minister had to be restrained during a dispute over damage to a fence, it has been claimed.

Local reports said the church minister was unhappy after a bulldozer destroyed the fence of the church’s residence for its ministers.

Lord Fohe is the estate holder of Puke.

According to the Kakalu ‘O Tonga newspaper, witnesses claimed there had been a dispute between Lord Fohe and the minister over the land.

However, the church minister said it was just a minor incident that had been resolved.

Residents in Tonga who live on nobles’ estate can be classified into three categories.

One category covers people who have registered and own their land with the approval of the nobles.

Another category is for residents who can lease land and this is mostly used by churches and businesses.

The other category is for people who the nobles allow to build houses in a town allotment and grow crops in a tax allotment. These residents have no control over the land. Once the noble wants them to leave they have to obey.

In 2017, 12 Puke residents took Lord Fohe to court after a dispute with another Puke resident, Monte Payne.

Payne was a registered holder of a tax allotment at Puke, according to a court judgement.

The defendants were living on his land. Payne sought an eviction order removing the defendants from the land.

The defendants pleaded that they were told they could live and build on the land by the then estate holder, the late Lord Fohe and that the plaintiff’s claim was time barred.

The former Lord Fohe died in 2009 and the title and estates remained vacant until November 18, 2016, when his successor, the current Lord Fohe, was appointed.

The defendants attempted in court to include the present Lord Fohe in their fight to stop them from being evicted.

However the court dismissed the application and ruled in favour of the plaintiff  saying the issues raised could be answered without joining the present Lord Fohe as a party. 

The main points

  • The noble of Puke, Lord Fohe and his Free Wesleyan church minister had to be restrained during a dispute over damage to a fence, it has been claimed.
  • Local reports said the church minister was unhappy after a bulldozer destroyed the fence of the church’s residence for its ministers.
  • However, the church minister said it was just a minor incident that had been resolved.

For more information

King appoints Lord Fohe

King appoints Lord Fohe

PSC sacks Education CEO Claude Tupou

By
Kalino Latu
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Ministry of Education and Training chief executive Claude Tupou’s contract was terminated by Public Service Commission (PSC) on Tuesday 21.

A thank you letter purported to be written by Tupou said he had received a letter from PSC terminating his employment contract.

The letter was widely circulated on Facebook.  

“’I he efiafi Mōnite 21 kimu’a pea kakato ‘a e ‘aho ngāue na’e a’utaki mai ai ha tohi mei he PSC kuo faka-ngata ‘a ‘eku aleapau ngāue mo e Potungāue Ako,” the letter read in Tongan.

This translate into English as : “This evening Monday 21 before the end of the working day a letter from PSC was arrived saying that my contract agreement with the Ministry of Education was terminated.”

Kaniva news sent a copy of the letter to PSC CEO Dr. Lia Maka and asked if she could be able to confirm that Tupou has been fired.

We have yet to receive any response from the PSC.

However local news media reports have confirmed Tupou was no longer with the Ministry.

He officially became CEO for MET since June 2016.

Common questions on how foreign exchange rules affect movement of money

By
Philip Cass
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Tonga’s National Reserve Bank has issued a set of commonly asked questions regarding the new Foreign Exchange Control Act.

This is an edited summary of the main points.

What is exchange control and how does it affect me?

Exchange control involves measures to control or influence the movement of foreign exchange over Tonga’s borders. The FEC Act controls the purchase and sale of foreign currency. These rules apply when travelling, giving cash as a gift to someone outside of Tonga, paying for goods ordered from outside of Tonga, or investing offshore.

Why are exchange controls necessary?

Exchange controls are used to manage the national demand for foreign currency in order to protect the country’s foreign exchange reserves and allocate available foreign currency in the best interest of the country.

What are these key aspects of the old Act and regulations that are incorporated into the new FEC Act?

  1. Acquiring property overseas – Under the regulations of the old Act, anybody who wants to acquire property outside Tonga requires the consent of the NRBT.
  2. Returning proceeds of export to Tonga – Under the regulations of the old Act, a person in Tonga was required to return to Tonga through an authorised bank, foreign exchange dealer or money changer. 

Who are the authorised banks or dealers Person in Exchange in Tonga?

Banks

  • Australia and New Zealand Banking Group Ltd
    • Bank of South Pacific Limited
    • MBf Bank Ltd
    • Tonga Development Bank

Foreign Exchange Dealers – Type A (outward/payment & inward/receipts)

  • Fexco (Tonga) Ltd
    • Klickex Ltd
    • Rowena Finance Services
    • SAV Money Transfer
    • T&T Money Transfer

Foreign Exchange Dealers – Type B (inward/receipts only)

  • Digicel Mobile Money
    • Frank Money Transfer
    • Tonga Post Ltd
    • Manatu ‘Ofa Money Transfer
    • Fietokoni Financial Services
    • Island Flexi Tonga

Money Changers – Type C

  • Jones Travel Ltd

If I have investments offshore that were acquired prior to the new FEC Act (1 November 2018), am I affected by the new FEC Act?

No. Any offshore investments made prior to November1,  2018 are not affected by the new Act.

Are residents allowed to invest offshore?

Yes, up to a limit of TP$100,000. Investments over this limit  must be approved by the Reserve Bank.

How much travel allowance can I take when travelling overseas?

Maximum of TP$20K per person per travel. 

What is the permissible cash that each traveller is allowed to hand carry when travelling overseas?

A traveller can hand carry or take a total amount in foreign currency or Tongan paánga notes or coins equivalent to up to TP$10K. If more than TP$10K the traveller must seek the approval of the NRBT three business days prior to the anticipated departure date.

How much foreign currency in cash or otherwise are people allowed to bring into Tonga?

There is no limit on foreign currency, but travellers must declare the money in their possession at the point of entry into or exit from Tonga if the total amount of cash is equivalent to TP$10,000 or more. 

How much foreign currency in cash can I hold?

Tongan residents can hold up to TP$20K equivalent  in foreign currency.

What must I do with any surplus foreign currency?

You are required to sell such currency above TP$20K. 

Can I hold a foreign currency account overseas?

Yes. Payments from Tonga to foreign currency accounts must be approved by the NRBT.

Can I hold a foreign currency account in Tonga?

Yes, subject to the approval of the NRBT.

Reserve Bank says there is ‘nothing new’ in Foreign Exchange Act vetted by IMF

By
Philip Cass
-

Tonga’s National Reserve Bank said today there was nothing new in the Foreign Exchange Control Act, which was introduced last year.

The FEC Act 2018 applies to foreign exchange transactions after November 1, 2018.

The Reserve Bank said the Act authorised it to manage the country’s foreign exchange and was not intended to violate anybody’s Constitutional right to their property or money in Tonga.

However, it said that if somebody chose to convert, transfer or dispose of their property or money in exchange for foreign currency, they would forfeit that right and would be to the exchange control directive issued under the Act. 

The Reserve Bank said the Act had been introduced after extensive discussion with exports and government authorities and had been vetted by the International Monetary Fund.

It said the Bank needed to have appropriate legislation to ensure that what it called “a reasonable amount” of export proceeds were returned to the kingdom.

Some businesses have claimed the new law, which went into effect last year, would damage their businesses.

Radio New Zealand described the legislation as allowing the government to force local business people to repatriate their foreign assets to Tonga, including forcing them to sell their property overseas.

Pacific Sunrise Fishing’s co-owner Eddie Palu, said the company would cut back its operations because of the policy.

The company is the kingdom’s only deep sea fish exporter and operates six vessels.

Earlier this month, Finance Minister, Pōhiva Tu’ionetoa said he was willing to talk to business owners concerned about the new law.

Hon. Tu’ionetoa said the act was intended to ensure Tonga had sufficient foreign reserves.

He said the act required that up to 60 percent of profits should be repatriated.

Mr Tu’ionetoa said previously many exporters did not  bring the earnings back into the country.

Former Finance Minister ‘Aisake Eke said the government should re-think the legislation.

The main points

  • Tonga’s National Reserve Bank said today there was nothing new in the Foreign Exchange Control Act, which was introduced last year.
  • The FEC Act 2018 applies to foreign exchange transactions after November 1, 2018.
  • The Reserve Bank said the Act authorised it to manage the country’s foreign exchange and was not intended to violate anybody’s Constitutional right to their property or money in Tonga.

For more information

Tonga minister open to discuss controls over foreign exchange

https://www.radionz.co.nz/international/pacific-news/380170/tonga-minister-open-to-discuss-controls-over-foreign-exchange

Men with thousands of dollars strapped to their bodies arrested at Tonga airport

By
Kalino Latu
-

Tongan Police have arrested two Asian men, 48 and 27 years old, attempting to smuggle thousands of dollars in cash out of the country.

The 48 year old was reported to have had at least US$40,000 while the 27 year old had NZ$10,000 which were both strapped to their bodies with tape.

Our correspondent in Tonga said the men were caught at Fua’amotu International Airport while they were about to board an Air New Zealand flight bound for Auckland.

They have been charged with money laundering and failure to disclose they carried with them the large amount of money.

They have been granted bail to appear at a Magistrate Court on January 28.

The duo have also been prohibited from leaving the kingdom.

US court to rehear Tongan death row case decision

By
Kalino Latu
-

A state court in US was expected to rehear the case of a Tongan death row inmate convicted of murdering a police officer in Reno, Nevada in 1998.

A Nevada news media report said another hearing was scheduled for this month.

Siaosi Vanisi was convicted in the beating death of police officer George Sullivan while in his patrol car at a parking lot near an information kiosk between UNR’s Morrill Hall and Manzanita Lake.

Sullivan had 10 blows to his face, seven to his scalp area, two on the upper part of his body and another to the left hand that nearly severed two fingers, an autopsy report said.

This was not the first time Vanisi’s death case had been challenged in court.

In his latest appeal in September 2017, the Nevada Supreme Court sent the case back for an evidentiary hearing to decide whether Vanisi was prejudiced by his appellate lawyer’s failure to investigate and present possible mitigating evidence that could have prevented jurors from imposing the death sentence.

However, his post-conviction lawyers decided to pursue a motion challenging Vanisi’s mental competency, which the high court unanimously agreed was “objectively unreasonable.”

They directed the district court to address “whether trial counsel should have discovered and presented the (mitigation) evidence as well as whether there was a reasonable probability of a different outcome at the penalty hearing had this additional mitigation evidence been presented.”

But the Supreme Court rejected more than a dozen other challenges to Vanisi’s conviction and sentence, including the argument he should have been allowed to plead insanity.

In an appeal in 2010, Vanisi’s lawyers raised numerous challenges to his death sentence, including that a judge erred by determining he was mentally competent to assist in post-conviction appeals.

But the Nevada Supreme court has denied it.

According to a Reno Gazette Journal report this week, “Another hearing in state court has been set in 2019,” for Vanisi.

It said his attorneys continue to pursue his case in state court, despite Vanisi’s wish to waive his remaining state court claims.

In a previous appeal in 2001, the Nevada Supreme Court said “The evidence of Vanisi’s guilt in this case is overwhelming.”

It said: “During a visit to Reno in January 1998, Vanisi told several friends and relatives that he wanted to murder and rob a police officer.  

“Makeleta Kavapalu testified that Vanisi indicated that “he was going to kill a police officer with his ax.”  

“Sateki Taukiuvea testified that Vanisi said that he wanted to kill a police officer and take his badge, radio, gun, and belt.  

The defence called a number of witnesses, including Vanisi’s relatives.  

Some of the witnesses indicated that Vanisi had changed in the last few years.   For example, Vanisi’s wife testified that Vanisi had been friendly, outgoing, and kind but began to change in late 1995 and 1996.   At times Vanisi became violent and abusive, he exhibited poor hygiene and bizarre behavior, he would ramble, and he lacked a sense of reality.   Vanisi would sometimes pose in front of a mirror pretending to be different people and would dress as a superhero.   Eventually, Vanisi’s wife left him.   Testimony at the penalty phase indicated that drug use by Vanisi might have been a factor in his changed behavior.

The defense also called a psychiatrist, Dr. Ole Thienhaus, who treated patients at the county jail, including Vanisi.   Thienhaus testified that his initial diagnosis of Vanisi indicated possible bipolar disorder, also known as manic depression, or cyclothymia, a similar condition.  

However, Thienhaus testified that this kind of “out-of-control” behavior was impulsive and inconsistent with planning for a crime.

PM leaves Foreign Affairs; Fisheries and Agriculture to split in cabinet changes

By
Philip Cass
-

A reshuffle in the Tonga cabinet has seen Prime Minister ‘Akilisi Pōhiva is to step down from the Foreign Affairs minister.

He will move to the Public Enterprises ministry.

Deputy Prime Minister Hon. SÄ“misi Sika will act in the foreign affairs portfolio.

As part of the reshuffle, the Ministry of Fisheries and Agriculture will be split.

Hon. Losalini Ma’asi will take over a separate fisheries portfolio while Hon. SÄ“misi Fakahau will be in charge of agriculture.

Radio New Zealand reports that the Minister for Health, Hon. Saia Piukala, will take over the Internal Affairs.

King Tupou VI has still to give his consent.

Tonga’s cabinet took office a year ago after Hon. Pōhiva’s Democratic Party  was re-elected following a snap election.

Cabinet positions at the beginning of the new Parliament were held by:

Samuela Akilisi  Pōhiva – Prime Minister of Tonga; Minister of Defence and Foreign Affairs

 SÄ“misi Sika – Deputy Prime Minister; Minister of Tourism and Infrastructure

 SÄ“misi Fakahau – Minister of Agriculture & Fisheries, Forestry and Food

Dr. Pōhiva Tuionetoa – Minister of Finance and National Planning

Penisimani Fifita – Minister of Education and Training

Poasi Tei –  Minister of Energy, Environment, Information and Climate Change (MEIDEECC)

Outgoing ‘Akosita H. Lavulavu – Minister of Internal Affairs and Sports

Dr. Tu’i Uata – Minister of Labour and Commerce

Dr. Saia Piukala – Minister of Health and Public Enterprises

Lord Ma’afu – Minister of Lands and Survey

Sione Vuna Fā’otusia – Minister of Justice and Prisons

Māteni Tapueluelu – Minister of Police & Fire Services; Customs and Revenue

The main points

  • A reshuffle in the Tonga cabinet has seen Prime Minister ‘Akilisi Pohiva is to step down from the Foreign Affairs minister.
  • He will move to the Public Enterprises ministry.

For more information

Tongan cabinet reshuffled

https://www.radionz.co.nz/international/pacific-news/380755/tongan-cabinet-reshuffled

Fekitoa opens up about decision to leave both Tonga and New Zealand

By
Kaniva Staff
-

(Rugby Pass) Former All Black Malakai Fekitoa has revealed the motive behind his lucrative move to Europe.

The 26-year-old has close to 30 nieces and nephews around the world, all of whom he can now support through rugby.

Fekitoa played 24 tests for the All Blacks before heading to France with Toulon in 2017, and is set to join former Highlanders running mate Lima Sopoaga at Premiership club Wasps next season.

“I left New Zealand to support my family,” Fekitoa – one of 13 siblings born in Tonga – told Mail on Sunday.

“I don’t just support my mum. I support my younger brothers and sisters, my nieces, my nephews.

“I’ve got close to 30 nieces and nephews around the world. Being able to support them is the best feeling ever.”

Fekitoa spoke of the influence his family had on his decision to pursue rugby seriously. He lost his father and a pair of his siblings by 14, which spurred him to find a way to provide.

“Everything crashed — Dad was a carpenter and he was the only person who provided for us,” he said.

“Mum struggled for a while and that’s when I realised no one was going to help us. That’s when I put evrything on rugby.”

Fekitoa came to New Zealand on a scholarship aged 16 where he played for Auckland’s Wesley College. Before his shift to New Zealand he recalls sharing a hut with brothers and cousins, and living off the land through hunting and fishing.

“People talk about the struggles but life was great,” he said.

“We didn’t have much but we didn’t need much. There were no TVs, no phones, no video games and that was the best part of it. We had the beach and the outdoors.”

Fekitoa also opened up about his decision to leave New Zealand while still young. The centre fell out of favour with selectors and decided a change of scenery was the right decision.

“Watching the All Blacks is always hard because I know what I can do,” he said. “It’s difficult but, at the same time, I feel proud watching the guys.

“I didn’t just decide to leave. I thought about it for months and months and I believe I made the right decision. Whatever decision you make, you’ve got to back it 100 per cent and go with it.

“A lot more people are moving over now but in New Zealand there is always someone coming through who can fill in.

“The game is changing. It’s a business. You don’t play forever and people are starting to get that now.”

Fekitoa’s Toulon have struggled recently, failing to get out of their Champions Cup pool for the first time in team history and currently sitting a lacklustre 11th on the Top 14 league table with five wins and nine losses.

No sign of missing Tongatapu diver

By
Kalino Latu
-

A Police rescue team searching the Hahake  coast have failed to find the diver who went missing at Ha’asini beach.

Local reports said ‘Alakoni Moala, 40, was apparently drifting before he got disappeared near a reef on Saturday, January 19 at around 10pm.  

He was diving with another man.

The rescue team have located a diving gear believed to be that of  Moala  but there had been no sign of him.

Fan favourites Tonga could cause upsets in Hamilton predicts NZ Rugby 7s boss

By
Philip Cass
-

Tonga face off against the United States this Saturday, in their first match in the Rugby 7s in five years.

The US team are the world leaders, but Tonga are firm fan favourites.

HSBC New Zealand Sevens General Manager Steve Dunbar said he would not be surprised if Tonga caused a few upsets during the tournament at the FMG stadium in Hamilton.

“We all know the quality of rugby players Tonga consistently produces and the flair they bring to the field, but we also know they have a massive support base in New Zealand,” Dunbar said.

“We saw the passion of Tongan fans when their national rugby league team played in Hamilton during the Rugby League World Cup in 2017 and I’m sure they’ll get in behind their Sevens team too.”

Tonga will also play England and Samoa.

Tonga was selected to join 15 other teams in the men’s draw at Waikato Stadium after finishing fifth at the Oceania Sevens in Suva.

Head coach Tevita Tu’ifua told Radio New Zealand the Tongan side had been able to put together two teams for this weekend.

The team held an open trial in Auckland before Christmas and attracted what he called “a good group of kids” aged 18-25.

Tu’ifua, who is a former ‘Ikale Tahi international, said one team would compete in the official competition.

The other, a development team would play in the Tailevu Sevens and the Marist Sevens outside the stadium.

He said the Tongan players were concentrating on honing their performance on the field.

Tu’ifua said he hoped the Rugby 7s team would receive the same level of support as the Mate Ma’a.

“Having the crowd right next to you on the field will be a big boost if we have the numbers there,” he said.

The main points

  • Tonga face off against the United States on Saturday, in their first match in the Rugby 7s in five years.
  • The US team are the world leaders, but Tonga are firm fan favourites.
  • HSBC New Zealand Sevens General Manager Steve Dunbar said he would not be surprised if Tonga caused a few upsets during the tournament.

For more information

Tonga 7s on the rise

https://www.radionz.co.nz/international/pacific-news/380644/sport-tonga-7s-on-the-rise

Tonga to play at the 2019 HSBC NZ Sevens

Tonga to play at the 2019 HSBC NZ Sevens
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