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PSA seeks Supreme Court injunction and judicial review to delay new gov’t pay scales

The Tongan Public Service Association claims the decision to implement a new government pay structure was unlawful.

It has sought an injunction with the Supreme Court to stop the government implementing its new salary structure.

The PSA lodged the injunction on Friday (August 7). It wants a judicial review of Cabinet’s decision to bring in the new pay scales, claiming that more than 800 grievances from government employees had not been addressed.

The PSA has named the government, the Public Service Commission and the  Remuneration Authority in its claim

It said 90 percent of chief executive officers in the government had waned the new structure deferred.

Despite many written requests to the Public Service Commission and Cabinet and a petition to the King in June,  Cabinet approved the new salary structure on July 1.

The PSA claimed that Cabinet’s ruling that public servants had to submit any appeals about the new salary structures to the PSC was unlawful.  According to the Public Service Act, appeals should have been made  to the Public Service Tribunal.

The Commission had also failed to follow the grievances procedures in the Public Service (Grievances & Dispute Procedures) Regulations, it claimed.

The PSA and the Government have been at loggerheads over the new salary scales for months.

In June Kaniva News reported that the PSA wanted the government to delay the new salary scheme for public servants until next January so that its members’ concerns could be addressed.

PSA General Secretary Mele ‘Amanaki said at the time the PSA fully supported the new pay scales, but wanted to ensure that the review was done properly.

She said this would avoid to avoid the strikes that ocurred in 2005.

“The PSA will strive to keep their promise to the People of Tonga that there will be no more strikes and they will negotiate through consultation,” she said.

The main points

  • The Tongan Public Service Association claims the decision to implement a new government pay structure was unlawful.
  • It has sought an injunction with the Supreme Court to stop the government implementing its new salary structure.
  • The PSA lodged the injunction on Friday (August 7). It wants a judicial review of Cabinet’s decision to bring in the new pay scales.
  • The PSA and the Government have been at loggerheads over the new salary scales for months.

For more information

PSA says workers’ concerns must be heard before proposed new pay scales can go ahead (Kaniva News)

Tongan forestry deal centres on controversial businessman; PM laments lack of due diligence

The Tongan government has signed a multi-million dollar deal with a New Zealand iwi headed by a businessman the High Court said had committed a fraudulent breach of trust just three years ago.

As Kaniva News reported last month, the deal means the  North Island iwi, Tahu Whaoa, will  take control of the government-owned Tonga Forest Products Ltd for at least 50 years, with an option to extend the agreement for another 25.

The iwi is headed by Roger Pikia, who, the New Zealand High Court heard, took $438,000 out of his grandmother’s account without her permission to buy a pig farm.

Justice Geoffrey Venning described Pikia as “an unconvincing witness” and ordered him to return the land and pay back moneys that were owed.

Pikia is also at the centre of a battle with members of another Maori group over the financial management of the Te Arawa River Iwi Trust, which will get tens of millions of dollars of taxpayer funding over the next two decades.

The trust is chaired by Pikia.

Roger
Roger Pikia. Photo/One News

The Te Arawa leaders have told the New Zealand government  they believe there are potential conflicts of interest with the trust and Pikia’s personal business dealings.

An investigation by Radio New Zealand and TV3’s The Hui appeared to show that the River Trust’s investment arm had invested more than $770,000 in a private company of which Pikia was a director.

The company which owns the Tongan forest shares, Ngati Tahu Ngati Whaoa Runanga Ltd, is registered in Vanuatu, a well-known tax haven.

Tongan Prime Minister ‘Akilisi Pohiva, who is visiting New Zealand, said he was disappointed more due diligence had not been done by his Government before the deal was signed.

He said he would raise the issue with Cabinet when he returned to Tonga.

However, a statement from the Tongan Ministry of Private Enterprise said Tonga Forest Products Ltd, had been granted “a new lease on life.”

The statement said that at the end of the term of the agreement, the Trust would return the assets and business to the Government, together with any new improvements or additional assets and businesses that had been established during the term of the Agreement.

Public Enterprise Minister, Hon. Poasi Tei, told the Tongan Parliament Tonga Forest Products Ltd,  was recently given more than $400,000 to prop it up. It had also borrowed millions from the Tonga Development Bank.

Radio New Zealand reported last month that Ngati Tahu Ngati Whaoa Runanga Ltd had agreed to pay more than US$4.4 million for management rights.

One News reported this week that the  Maori investors had taken responsibility for a $NZ2.6 million government debt and had agreed to pay $NZ3.5 million in return for the control and management of the forest company for 50 years.

The privately managed company will operate as Aotearoa-Tonga Forest Products Limited with leases over the 700 acre ‘Eua Forest Reserve, Vaitaki Sawmilling Site and Mataliku Forest Plant.

At last month’s ceremony to sign over the forestry group, Pikia said Aotearoa-Tonga Forest Products would launch “a very aggressive replanting programme in Eua” in the coming months.

“I have spoken to the Minister from Eua and asked him to ensure that everyone who is employable on Eua will come to work for the company to replant the island,” he said.

The main points

  • The Tongan government has signed a multi-million dollar forestry deal with a New Zealand iwi headed by a businessman the High Court said had committed a fraudulent breach of trust just three years ago.
  • The man, Roger Pikia is also at the centre of a battle with members of another Maori group over the financial management of the Te Arawa River Iwi Trust.
  • Tongan Prime Minister ‘Akilisi Pohiva said he was disappointed more due diligence had not been done before the deal was signed.
  • However, the Tongan Ministry of Private Enterprise said Tonga Forest Products Ltd had been granted “a new lease on life.”

For more information

Maori trust to own Tonga forests, company renamed as Aotearoa-Tonga Forest (Kaniva News)

Tonga forestry deal with North Island iwi causes growing concern (One News)

Trust’s chairman hits back at iwi leaders

Maori trust to control Tongan forests

Tonga Forest Products Ltd Granted New Lease of Life (Ministry of Information and Communication)

Tongan flagbearer explodes over the internet as kingdom’s seven member team marches in Rio

Tongan flagbearer Pita Taufatofua stole the show at today’s Olympic opening in Rio.

The part time model appeared in a traditional vala ngatu and a lot of Tongan made oil, causing something of a sensation on the internet, with media outlets all over the world picking up on his appearance.

Taufatofua is the kingdom’s first taekwondo competitor at Olympic level.

When not working as a model he is a youth counsellor in Brisbane.

Born in Australia to a Tongan father and Australia mother, he moved to the island kingdom as an infant. He could have represented either country, but chose to compete for Tonga.

He qualified for the Games in April, after failing to make the grade twice before.

The Fiji Times said that while pursuing his dream of competing in the Olympics he broke six bones, tore three ligaments, spent three months in a wheelchair, a year and a half on crutches and hundreds of hours of physiotherapy.

Since his appearance at the opening ceremony, his new fans have wasted no time in posting photographs of him.

Taufatofua seems to be no stranger to posting photographs of himself as the number of topless shots of him that have suddenly been reproduced on social media appear to testify.

He will compete in the men’s +80kg division on August 20.

Tonga’s only Olympic medal was won by boxer Paea Wolfgramm in the Men’s Super Heavyweight division at the 1996 Olympics in Atlanta.

He is one of seven athletes competing for Tonga in Rio.

The other members of the team are Amini Fonua (swimming), Siueni Filimone (athletics), Arne Jensen (archery), Taina Halasim (USA Today)a (athletics), Irene Prescott (swimming) and Lusitania Tatafu (archery).

They marched fully clothed.

The main points

  • Tongan flagbearer Pita Taufatofua stole the show at today’s Olympic opening in Rio.
  • The part time model appeared in a traditional taʻovala and a lot of baby oil, causing something of a sensation on the internet, with media outlets all over the world picking up on his appearance.
  • Taufatofua is the kingdom’s first taekwondo competitor at Olympic level.
  • He is one of seven athletes competing for Tonga in Rio.

For more information

Opening Ceremony: Who is Tonga’s bare-chested flag bearer?

Introducing the Tonga flagbearer who glistened during Rio Olympic opening ceremony (USA Today)

Ashika tragedy: Tonga does not have money to pursue legal action, says PM

Seven years after the MV Princess Ashika sank, Prime Minister ʻAkilisi Pohiva says there is still time to bring those responsible to justice, but the government does not have the money to pursue the case.

The Prime Minister said it was a criminal case and there was no time limit on when the government could proceed with legal action.

“I believe we can still proceed with it if we have the money,” he said in Auckland on Tuesday.

Hon. Pohiva said there was enough evidence to file a lawsuit. The government had spent a lot of money on the case.

A great deal of information from inquiries and investigation had already been recorded.

The Prime Minister said his government wanted to reopen the case, but the government’s present commitments meant they were too busy to take legal action immediately.

“This prosecution could cost hundreds of thousands of dollars,” Hon. Pohiva said.

He said any such prosecution might require two lawyers.

Hon. Pohiva was responding to a question from a concerned Tonga at a meeting in South Auckland who asked whether the government could bring those responsible to justice.

Seven years ago today, on August 5, 2009, the ill-fated vessel sank north of Nuku’alofa, claiming 74 lives.

There were 54 survivors.

The ship sank just before midnight. Eyewitnesses said it capsized in a few minutes after water started seeping into the lower decks.

Neither the bodies nor the vessel could be recovered, although the searchers were able to locate them and took video footages and digital photographs.

The government later announced it would halt further attempts to salvage the ship because it would cost up to $TP1 million.  

The dead passengers included all the women and children on board. Of the victims, 13 were aged under 10 and three were infants. The oldest victim, Fifita Taufo’ou, was 77.

Some people were charged and jailed after the tragedy, including the captain of the vessel Makahokovalu Tuputupu, Acting Director of Marine and Ports Viliami Tu’ipulotu and John Jonesse the Managing Director  of the Shipping Corporation of Polynesia Ltd, which owned the vessel,  

Critics said the prosecution should have brought to justice everybody involved including the then Prime Minister Lord Sevele who was accused of being instrumental in bringing the doomed vessel to Tonga.

Lord Sevele was reported as saying he didn’t think the vessel’s seaworthiness was responsible for its sinking.

The Royal Commission into the sinking said the Tongan government failed to have independent due diligence conducted and that the former Minister of Transport made inaccurate and unsubstantiated statements to a number of authorities, which resulted in the purchase in June 2009 of the ship, which  was described in evidence as a “rust bucket.”

According to the report, the government allowed the ferry to sail despite it being clearly unseaworthy, with questions about its seaworthiness having been raised as far back as 1985.

“It was scandalous that such a maritime disaster could ever have been allowed to occur. It was a result of systemic and individual failures,” the report said.

The main points

  • Seven years after the MV Princess Ashika sank, Prime Minister ʻAkilisi Pohiva says there is still time to bring those responsible to justice, but the government does not have the money to pursue the case.
  • The Prime Minister said because it was a criminal case and there was no time limit on when the government could proceed with legal action.
  • “I believe we can still proceed with it if we have the money,” he said in Auckland on Tuesday.
  • Seven years ago today, on August 5, 2009, the ill-fated vessel sank north of Nuku’alofa, claiming 74 lives.

For more information

Princess Ashika sinking (Tagata Pasifika)

Royal Commission Report

Special Report: Why the Ashika tragedy is shaking the Sevele Government to its core

Crash driver on learner’s licence, outpouring for Tongan victims

The driver of the car that killed a father and son and two brothers-in-law including himself when it collided with an unladen logging truck on Dawson Rd off State Highway near Katikati, New Zealand was on a learner’s licence.

Halani Fine, 28, was driving his car from the Aongatete Coolhouse when it collided with the truck on Tuesday 2.

Sitiveni Vaipulu, 44, his son Koli Vaipulu, 21, Sione Teulaka, 21 and his brother-in-law Samuela Taukatelata, 29, did not survive the tragedy.

Fine’s body had been returned to his family in Northshore while the rest of the victims were expected to arrive in Tonga next Friday.

New Zealand Police Sergeant and Pacific Liaison District Coordinator Sanalio Kaihau confirmed in last night’s remembrance ceremony for the crash victims Fine was on a learner licence. Learner drivers must have a supervisor sitting in the front passenger seat. The supervisor is responsible for everyone in the car.

Following the tragic news, a Tongan Community Leader set up a GoFundMe page to raise money to help the family cover funeral expenses and any additional expenses they may incur.

“Organizing on behalf of the Tongan community to fundraise to support the families of the deceased,” the page said.

“Funds will be paid to a verified bank account of Melino Maka on behalf of The Families of Halani Fine, Koli Vaipulu, Sitiveni Vaipulu, Sione Teulaka, and Samuela Taukatelata”.

This afternoon – 48 hours after the page was launched – donations exceeded $1,000.

Mele
Mele, Halani’s mother with a photo of Halani. Photo/Kalino Latu

The Ministry of Business, Innovation & Employment offered a message of condolence.

“On behalf of our Manager George Rarere, our Pacific Labour & Skills Unit and RSE family, I convey our collective deepest sympathies to the families of all five men, including the Vaipulu family, who have lost two loved family members (Father and son) in this tragic crash. Our thoughts are also with the Tongan RSE Team of Minister Vakata, CEO Ana Bing Fonua, ‘Akanesi ‘Otunuku and Sefita Hao’uli, as well as the RSE employer Aongatete and all the RSE Tongan workers.

“Our Team are continuing to work closely with the different stakeholders in both New Zealand and Tonga to ensure all requirements and expectations are address and adequately met.

“This tragic accident has highlighted the need to further enforce upon our RSE workers/drivers to please take care and drive to the conditions, as we don’t want to see anyone else needlessly lose their lives”.

“May the grace of our Heavenly Father be with our Tonga Family to provide support and comfort in this time of sorrow and pain.

Fine’s mother Mele told Kaniva News his son was very fond of music.

She said his son makes used of his talent to entertain the poor and the elderly.

She said Halani regularly went to rest homes and performed music and singing to the elderly.

As we reported earlier this morning Mele said:

“I am sorry and I deeply felt for the families of those who were killed in the crash”, she said in Tongan.

“I wish they forgive my son”, she said.

“My son was religious and he died while he was working to fulfil his dream to become a church missionary

“He went to Papua New Guinea, Solomon Island and those countries to spread the word of God

“He came here to Aongatete to work for his school fees so he can continue studying.

“I have no words to express how I feel about the tragedy”, Mele said.

READ MORE:

Crash victims honoured; “I am sorry”, Halani’s mother says

Crash victims honoured; “I am sorry”, Halani’s mother says

Grieving families and community members gathered to honour loved ones killed in the logging truck crash – two days on from the tragedy.

Sitiveni Vaipulu, 44, his son Koli Vaipulu, 21, Sione Teulaka, 21, Halani Fine, 29, and Samuela Taukatelata, 28, did not survive the collision near their workplace on Tuesday.

Their bodies were released by the coroner to their various families yesterday.

The body of Fine has been taken to Northshore, New Zealand  to his family last night while the other four bodies were expected to arrive in Tonga next Friday.

In an emotional hour and a half remembrance ceremony at Christian Centre on Henry Rd in Katikati last night more than 500 people came together in support of the grieving families and those killed in the crash.

Wearing black clothes and taʻovala by most Tongans the community joined together to grieve and pledge peace, with speeches, hymns and prayers organised by the Katikati Tongan community and RSE Tongan Liason Officer Sefita Hao’uli.

Immediate family members and co-workers of the victims were visibly devastated during the services.

IMG_1351 (2)
Mele  said she wished the families of the victims forgive her son. Photo/Kalino Latu

The church was adorned with Tongan koloa faka-Tonga and pictures of the victims were placed in front by the stage.

About half of those attended came out of town.

Halani Fine’s mother Mele told Kaniva News last night she was devastated by what had happened.

Her son was the driver of the car when the tragedy struck.

IMG_1327 (2)
‘Ana Kava (2nd right) and some of the Katikati community members

“I am sorry and I deeply felt for the families of those who were killed in the crash”, Mele said in Tongan.

“I wish they forgive my son”, she said.

“My son was religious and he died while he was working to fulfil his dream to become a church missionary

“He went to Papua New Guinea, Solomon Island and those countries to spread the word of God

“He came here to Aongatete to work for his school fees so he can continue studying.

“I have no words to express how I feel about the tragedy”, Mele said.

The prayer service was led by Rev Fono ʻAhio.

IMG_1387 (2)

 

 

 

Politicians were present, too: Pacific Peoples’ Minister Sam Lotu Iga, Tongan Labour MP Jenny Salesa, Coromandel MP Scott Simpson and Western Bay Mayor Ross Paterson.

Prime Minister ‘Akilisi Pōhiva criticized over not visiting Tongan victims in Katikati

Critics say the Prime Minister of Tonga’s decision to cancel his plan to travel from Auckland to Katikati to see the bodies of  five Tongans who died after Tuesday’s horrific crash showed lack of leadership.

Sitiveni, 44,  his son Koli Vaipulu, 21, Sione Teulaka, 21,  Halani Fine, 29  and Samuela Taukatelata, 28, were all tragically killed in a crash with an empty logging truck near Katikati.

Prime Minister ʻAkilisi Pōhiva told New Zealand media yesterday he “must” go to Katikati to meet the families and see the deceased today.

Hon Pōhiva is in New Zealand on his first state visit and he was expected to leave for Tonga this Saturday.

However Sefita Haoʻuli, who coordinates the Tongan RSE workers in New Zealand and is currently in Katikati to organise services for the victims said last night Hon Pohiva could not make it to meet the families of the victims.

He said he was told Hon Pōhiva was expected to welcome the deceased bodies when they arrive in the kingdom.

Only four of the victims would be returned to Tonga.

The body of Halani Fine was expected to be buried in Northshore, New Zealand.

Hon Pōhiva was expected to hold a business meeting with the Henderson Car yard management in South Auckland this evening.

Vaʻa Taliaʻuli the Tongan sale manager at the Henderson said they invited the Prime Minister because of his role as president of Tonga Rugby Union.

Taliaʻuli said the company has sponsored the Manu Samoa and they wanted to do the same thing for the ‘Ikaletahi.

That’s the only agenda why the Prime Minister is here because we wanted to help the ‘Ikaletahi, Taliaʻuli said.

Melino Maka of the Tonga Advisory Council in New Zealand said the Prime Minister’s decision to skip attending the services for the victims in Katikati this evening is an embarrassment.

He said the tragedy hit the Tongan community hard and while the Prime Minister was here at where the incident occurred he did not go there.

Tongan Community Leader in Auckland Sālote Heletā Lilo said she respected whatever reasons that may have caused the Prime Minister to cancel his travel to Katikati.

May be there was an important commitment for him or he was not in a good health condition, Lilo said. But he should send someone from his delegation to represent him. It was important for him to be there.

In 2009 the government’s MV Princess Ashika went aground killing 73 innocent lives in Tonga.

Two days later the then King George V left for Britain on a holiday trip while searchers combing the Pacific ocean for signs of the missing ill-fated vessel and the victims.

Bodies of Tongan victims released; distressed sister “ran past long queue” to horror scene

Sitīveni Vaipulu’s sister Meleane Prescott said it was the most heart-breaking message she ever received when she got a telephone call his brother was killed together with his son in a fatal crash.

Sitiveni, 44,  his son Koli Vaipulu, 21, along with three Tongan co-workers did not survive a tragedy that hit after their car was struck by a southbound logging truck on Tuesday 2.

The bodies of the Vaipulus, Sione Teulaka, 21,  Halani Fine, 29,  and Samuela Taukatelata, 28,  were expected to be released to their various families this afternoon.

Four of the victims came from Tonga while Fine was a local resident.

Teulaka and Taukatelata were brothers-in-law.

Fine’s body will be buried in Northshore.

The bodies of the Vaipulus, Taukatelata and Teulaka will be returned to Tonga.

Putu
Families of the victims meeting with Sefita Hao’uli at the Aongatete packhouse. Photo/Kalino Latu

Prescott told Kaniva News she and all the victims worked at the Aongatete Coolstore.

She said she brought Sitiveni and his son from Tonga to come and work with her at the Aongatete and before her brother and her nephew died they were staying with her family in Katikati.

Prescott said they finished their 8pm shift on Tuesday and they left work.

She said she headed home to prepare their dinner.

She stopped by a dairy for a shopping before her mobile phone rang.

“I can’t believe it but I know I must go there to see”, she said.

It was not long from where I left I could see the road was totally blocked by a long queue of vehicles.

“I parked my car on the road and stepped down crying and ran past the long queue to see them”, Prescott said, choking back tears.

It’s so heart-breaking, it’s a total shock to me and my family and we don’t know how to deal with it, she said.

Prescott described Sitiveni as loving, humble and hard working person.

She compared his son to him. He was a cool and hardworking boy, Prescott said.

A brother of Taukatelata said his brother married to a sister of Teulaka.

They came together from Tonga to work here, he said.

He said their bodies will be returned to Tonga but it depends on what the coroner report would recommend on their condition.

The families and RSE workers in Katikati met with RSE Tongan Liaison Officer Sefita Hao’uli at the Aogatele Coolstore last night.

The Prime Minister ‘Akilisi Pohiva said he “must” come to Katikati today and pay his respect to the victims but according to Hao’uli, the visit was cancelled last night.

This evening there will be a church service in Katikati conducted by the Tongan community at Christian Centre, Henry Road, Katikati at 7.30pm.

Some of the Tongan community leaders in Auckland were expected to attend including Pacific Affairs Minister Sam Lotu Iga and the Tongan Labour Party MP Jenny Salesa.

Grief as Tongan fatal crash victims’ names including father and son emerge

A father and his son were two of the five Tongan people killed in a horror crash near Tauranga in New Zealand last night.

Sitiveni Vaipulu and his son Koli Vaipulu of Faleloa, Ha’apai and  ‘Āhau in Tongatapu died when the car they were travelling in with three others collided with a southbound logging truck near Katikati.

The three other victims are Halani Fine, Sione Teulaka and Samuela Taukatelata.

Sitiveni’s first cousin Tanya Akosita Tupou told Kaniva News Sitiveni and his son are survived by his wife and mother to their son, ‘Ana with four children.

She said ‘Ana and the rest of the children were staying in ‘Āhau  while Sitiveni and their son Koli were in New Zealand to work through the RSE programme.

RSE Tongan liaison officer in New Zealand Sefita Haoʻuli said the victims were hired by the Aongatete Coolstores  as an option two.

This means four of the victims came to New Zealand on contracts they directly made with Aongatete and not through the kingdom’s Ministry of Internal Affairs.

The other victim is a local resident.

“But sad to see this nevertheless”, Haoʻuli said.

He said he will travel from Auckland this morning to Katikati to see the victims.

The victims were all workers at Aongatete Coolstores and had just finished their shift before the tragedy struck.

The truck driver was shaken but uninjured.

Tongan overseas deportees discussed in Auckland; NZ and Aust approached for rehab facility

Tongan Prime Minister ‘Akilisi Pohiva has told his New Zealand counterpart John Key that he is concerned about high risk deportees being sent back to the kingdom.

Hon. Pohiva said the Tongan government was not told about the crimes they had committed overseas.

The Tongan Prime Minister told a Tongan audience in Mangere this evening this put Tongan society at risk.

After the deportees arrived in Tonga they were released into the community and there was nothing the government could do to make sure they would do no more harm to the society.

Hon. Pohiva said it was important for the government to be informed so they could alert people if any criminal deportees moved into the community.

Chief Secretary Dr Palenitina Langa’oi, who accompanied Hon. Pohiva to the meeting, told the audience New Zealand had agreed it would send  profiles and background reports of deportees to the Tongan authority.

Dr Langa’oi said they had agreed that the files of the deportees must be sent as soon as New Zealand could possibly can.

 Rehabilitation facility

Tonga’s Secretary of Foreign Affairs, Vaʻinga Tōnē who was also in the meeting, told the audience there had been discussion with the governments of New Zealand and Australia to help fund a rehabilitation facility in Tonga.

He said this was a big issue for Tonga, especially for deportees who were sent directly from prison to Tonga and did not usually join any rehabilitation programmes after their release.

In November last year it was reported that Patrick ʻUnga, who had received a life sentence for murdering his fiancé in New Zealand in 2003, killed again in Tonga only a few months after his deportation to Tonga.

He was sentenced to more than 12 years in jail for manslaughter after the death of Sitanilei Sime in Nuku’alofa in April 2014.

The main points

  • Tongan Prime Minister ‘Akilisi Pohiva has told his New Zealand counterpart John Key that he is concerned about high risk deportees being sent back to the kingdom.
  • Pohiva said the Tongan government was not told about the crimes they had committed overseas.
  • The Tongan Prime Minister told a Tongan audience in Mangere this evening this put Tongan society at risk.
  • After the deportees arrived in Tonga they were released into the community and there was nothing the government could do to make sure they would do no more harm to the society.

For more information

Tongan noble concerns over number of criminal deportees