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Silver Fern wins NZ flag referendum

By
Kaniva Staff
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The Electoral Commission has confirmed Silver Fern (Black, White and Blue) was the winner  in the first referendum on changing New Zealand’s flag.

The next most preferred flag design is Option E: Silver Fern (Red, White and Blue), followed in order of preference by Option B: Red Peak, Option D: Silver Fern (Black and White) and Option C: Koru.

The total votes received were 1,546,734, which includes 149,747 informal votes (9.68%) and 3,372 invalid votes (0.22%).

Voter turnout is 48.78%. Turnout is calculated by taking the total votes received as a percentage of the total number of voters enrolled as at 19 November 2015 (3,170,726).

The breakdown of the iterative count process of the votes received is attached and is available online at www.electionresults.govt.nz. Information on the turnout by each electorate is attached and also available atwww.electionresults.govt.nz.

The second binding referendum on the New Zealand flag will be held from 3-24 March 2016. Voters will be asked to choose between Silver Fern (Black, White and Blue), being the most preferred flag design selected in this referendum, and the current flag. The flag that receives the most votes will be the official flag of New Zealand.

Voters should ensure that they are enrolled and their enrolment details are up to date well before voting begins in the second referendum atwww.elections.org.nz/enrol.

Research reveals Queen Sālote’s “great sorrow” about loss of tradition in modern Tonga

By
Kalino Latu
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Fifty years after her death, new research by a Tongan scholar has revealed Queen Sālote’s fears for the demise of tradition in modern Tonga.

Queen Sālote Tupou III ruled from 1918 to 1965. The anniversary of her death comes this Wednesday, December 16.

She is widely remembered by many Tongans for her great talent in music composition, choreographer and arts.

According to Massey University Master of Philosophy candidate Paula Onoafe Lātū, who has been researching Her Majesty’s personal documents  for his thesis, she was worried about the loss of the kingdom’s traditions.

Latu said the beloved Queen Sālote “warned the twentieth century people of Tonga of the problem of neglecting talatukufakaholo [oral traditions] and their significance to the identity of the people as a sovereign nation.”

According to Latu, Queen Salote wrote: “Ko e makatu’unga ‘o e Fonua pe puleʻanga kotoa pe ko e loto mo e mo’ui mo e anga ‘o e kakai.”

In English, this means: “The foundation of every nation and government is the heart, life, and character of her people.”

“The problem is that we are throwing away [our traditions] too quickly, but have nothing to replace it, and we become gatherers of bits here and there. We have become pickers of crumbs, a generation of kailu (those who eat what has been thrown away by others),” the Queen wrote.

The Queen believed the loss of traditions meant the loss of identity of Tongans which was significant when identifying the fonua kakato (literally are still a complete country).

“That is the result of half-baked education (ako tuku konga loto) and shows the weakness of the leaders in holding on to their duties without knowing what they should be, and that is why they threw it away,” she wrote.

Queen Sālote lamented what she claimed as Tongan leaders’ disregard and carelessness in keeping and holding to the kingdom’s traditions.

She said: “We have looked at this throwing away of tradition with great sorrow, for our traditions is a good foundation for Tonga”.

In her dedication to the book Songs and Poems of Queen Sālote, which included English translations of her work by Melenaite Taumoefolau, editor Elizabeth Wood-Ellen described her Majesty as: “a gifted poet, musician, choreographer, intelligent and gracious, beloved of her people, promoter of peace and unity in Tonga.”

The main points

  • Fifty years after her death, new research by a Tongan scholar has revealed Queen Salote’s fears for the demise of modern Tonga.
  • Queen Salote Tupou III ruled from 1918 to 1965. The anniversary of her death comes this Wednesday, December 16.
  • According to Massey University Massey Master of Philosophy candidate Paula Onoafe Latu, who has been researching Her Majesty’s personal documents for his thesis, she was worried about the loss of the kingdom’s traditions.
  • Latu said the beloved Queen Salote “warned the twentieth century people of Tonga of the problem of neglecting talatukufakaholo [oral traditions] and their significance to the identity of the people as a sovereign nation.”

For more information

Poems and Songs Fit for a Queen (Radio Australia)

Royal Visit to Tonga 1954 – Queen Sālote meets Queen Elizabeth II

Tribute to Queen Sālote (NZ Film Archives)

Lavulavu trial continues this afternoon, but blood ties make it hard for witnesses

By
Kalino Latu
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There were tears in the Supreme Court in Neiafu yesterday as witnesses told the corruption trial  of MP ‘Etuate Lavulavu  that blood ties to both sides of the case made it difficult to give testimony.

The hearing into a petition filed against the MP for Vava’u No. 16 constituency, who is also Minister for Infrastructure, on complaints of illegal campaigning and corruption has been the subject of repeated delays, appeals and adjournments.

It was adjourned again last week after 11 out of 18 witnesses for Lavulavu had testified.

The petition was filed by Viliami Uasike Latu and is being heard before Chief Justice Owen Paulsen.

Among the claims made against Lavulavu is that contracts for road construction projects were allocated corruptly.

The fact that the plaintiff (Latu) and the respondent (Lavulavu) are related by either blood or marriage to so many people giving testimony through connections within the village of Leimatua has made it hard for many witnesses.

Tears fell from Mr. Li’ekina Lavulavu as he told the court his oldest son was named after Viliami Latu and his second son was named Etuate Lavulavu Jr.

He said giving evidence was not easy for him as he was close by blood to both Viliami and Etuate.

Li’ekina gave evidence that all payment made by him to the Ministry of Infrastructure and other suppliers was on behalf of UTRI and Vava’u Road Council.

Clive Edwards, who appears for the plaintiffs, cross examined Li’ekina on whether Lavulavu was personally responsible for the cost of the Vava’u Road Council works.

However, Li’ekina repeatedly answered that responsibility for the road works  came under the Vava’u Road Council.

Officer in Charge of the Ministry of Infrastructure Automalu Tupou told the court all road construction work from July to November 2014 fell under the control of the Vava’u Road Council.

He said they were approved  by former CEO Ringo Faoliu under the community road programme.

Edwards cross examined Automalu Tupou about whether the road works came under the control of Etuate Lavulavu. Despite his repeating the question several times,  Tupou was adamant that the work was under the control of Vava’u Road Council.

In answer to questions about corruption, retired primary school teacher Aloeti Kena told the courts the school prize giving on November 26, 2014 was not a campaign function for Hon. Lavulavu.

Kena said the function was for Leimatua Women’s Development Group and Leimatua Grower’s Association. The function was chaired by Association member Sione Lisala.

Kena is also closely related by blood to both the plaintiff, Viliami Latu and the respondent, Etuate Lavulavu.

Muna Nasilai, who works as a school teacher for ‘Unuaki ‘o Tonga Royal Institute, said in her affidavit  that she helped UTRI students develop the winning website in  the Tonga in Business competition in July 2014. Ms. Nasilai gave evidence that Mr. Saia Moehau donated funds to UTRI to support Vava’u Road Council from July-November 2014.

The trial was adjourned by Chief Justice Owen Paulsen until 9am this morning (December 15).

The main points

  • There were tears in the Supreme Court in Neiafu yesterday as witnesses told the corruption trial of MP ‘Etuate Lavulavu   that blood ties to both sides of the case made it difficult to give testimony.
  • The hearing into a petition filed against the MP for Vava’u No. 16 constituency, who is also Minister for Infrastructure, on complaints of illegal campaigning and corruption, has been the subject of repeated delays, appeals and adjournments.
  • The fact that the plaintiff and the respondent are related by either blood or marriage to so many people giving testimony through connections within the village of Leimatua has made it hard for many witnesses.
  • The trial was adjourned by Chief Justice Owen Paulsen until 9am this morning (December 15).

For more information

Tongan minister’s bribery trial to continue (RNZI)

Tongan minister’s pay suspended for 5 months (RNZI)

Court says MP Tapueluelu’s election unlawful

By
Kalino Latu
-

Tonga’s Supreme Court has ruled that the election of Mateni Tapueluelu as MP for Tongatapu 4 to Parliament in November 2014 was unconstitutional.

According to Radio Tonga news, Justice Owen Paulsen ruled that Tapueluelu’s oath to become a member of the Tongan Parliament was unlawful.

Tapueluelu’s case was brought to court by Acting Attorney General ‘Aminiasi Kefu after receiving evidence from the Supreme Court Registry that Tapueluelu had breached the kingdom’s electoral laws after he failed to pay fines imposed on him by a Magistrate Court.

Kefu argued that clause 65 of the Tongan constitution stipulated that Members of Parliament could only be qualified to take their seats if they did not have an order from any “Courts in the Kingdom for the payment of a specific sum of money, the whole or any part of which remains outstanding or if ordered to pay by instalments the whole or any part of such instalments remain outstanding on the day on which such person submits his nomination paper to the Returning Officer.”

Tapueluelu’s legal team argued that Tapueluelu went through the government’s election registration procedures and was cleared to run as candidate.

They also argued that the Election Act requires that any challenges or complaints made against the election results or elected MPs must be filed within 28 days after the election.

Tapueluelu had failed to pay a fine imposed on him in 2011 after he was sued by former MP and Minister of Justice Clive Edwards over a defamatory article published in Kele’a newspaper when he was its editor.

The court was told that during the week of the elections, the newspaper published a story on its front page accusing Edwards of having a “secret list” of candidates backed by the then government for the election.

Edwards denied the claim and Tapueluelu failed to provide the court with his source of information when he was asked to do so.

Edwards represented himself in court while ‘Ofa Pouono, acting under instruction from Dr Rodney Harrison, acted for Tapueluelu.

The main points

  • Tonga’s Supreme Court has ruled that the election of Mateni Tapueluelu as MP for Tongatapu 4 to Parliament in November 2014 was unconstitutional.
  • According to Radio Tonga news, Justice Owen Paulsen ruled that Tapueluelu’s oath to become a member of the Tongan Parliament was unlawful.
  • Tapueluelu’s case was brought to court by Acting Attorney General ‘Aminiasi Kefu after receiving evidence from the Supreme Court Registry that Tapueluelu had breached the kingdom’s electoral laws after he failed to pay fines imposed on him by a Magistrate Court.
  • Tapueluelu had failed to pay a fine imposed on him in 2011 after he was sued by former MP and Minister of Justice Clive Edwards over a defamatory article published inKele’a newspaper when he was its editor.

Inquest confirms Muller drowned,  no suspicious circumstances

By
Kaniva Staff
-

An inquest found the death of  24-year-old Haini Muller of Fatai  was due to drowning in Hufangalupe beach, after he fell off cliff on November 26.

The inquest took place on December 4 before the deceased’s body was released to his family, Telesia Adams, Police Communication and Media Officer said today.

It is not yet known how Muller fell off the cliff but the inquest ruled there were no suspicious circumstances surrounding his death

The finding contradicted earlier reports on social media that Muller’s death was a suicide.

Muller was reportedly at the beach with his girlfriend and others on the night when the fatal incident happened.

Police attended the scene and a man from Vaini by the name Patelesio  reportedly jumped into the water in an attempt to rescue Muller but were unable to revive him.

More complaints about how PM’s office treats questions from Tongan media

By
Kalino Latu
-

In picture: L-R, ʻUluʻalo Poʻuhila, Dr Palenitina Langaʻoi and Kalafi Moala.

Dissatisfaction with how the Prime Minister’s Office treats questions from the Tongan media have surfaced again.

Kakalu ‘o Tonga editor ‘Ulu’alo Po’uhila said he had sent many questions to the Prime Minister’s Office and its Secretary to Cabinet without receiving a reply.

Po’uhila said they only responded after he publicly raised his dissatisfaction on Facebook.

“Is this how the Prime Minister’s office in Tonga treats the media; to only respond to their questions  after the media publicly  questions their silence?” he asked.

He said it was unfortunate that nobody signed the letter he received after criticising the PM’s Office on Facebook.

He claimed this was “unprofessional” and said he did not publish the information.

“It used to be said that the mass media is the fourth power after the Executive, Legislative and Judiciary,” Po’uhila wrote on Facebook.

“Press shall criticize the authorities when state officials and politicians make mistakes.

“If we have the opposite of the above mentioned we will have to deal with authoritarian regime.”

The editor was chatting with Kaniva News after we published a story featuring Kalafi Moala, the outgoing media adviser for the Prime Minister ‘Akilisi Pohiva.

Moala told us the Secretary to Cabinet and the Prime Minister’s Office would not respond to the media questions we sent them.

He said he had experienced the same problem when he was in the office.

Moala was employed by the Prime Minister as his Media Adviser on a part time position, but his contract ended on November 25.

Moala slammed Dr Palenitina Lang’oi, the Secretary to Cabinet and Chief Secretary and called on her to resign.

Moala claimed Dr Langa’oi “was not on the same page” as Hon. Pohiva.

He said Hon. Pohiva wanted his office to be transparent and never hide anything that was of public interest.

Kaniva News is one of a number of media outlets which have found it difficult to obtain a formal response from the Prime Minister’s Office when sent them questions.

We sent questions to Dr Langaʻoi on November 17 and asked to clarify whether or not the king has approved Hon Pōhiva’s proposal to revoke  ‘Aminisiasi Kefu’s role as Acting Attorny General.

We received no reply until on November 26, after Kalafi Moala appeared on Kaniva and criticised Dr Langa’oi for not treating media professionally. The Prime Minister’s Office responded and said they have not received any decision regarding Kefu. The response was said to have come from the Prime Minister’s Office and no one signed it.

We asked Dr Langa’oi early this year if we could have the Prime Minister’s contact details to enable us to contact him in matters related to media.

In her response, Dr Langa’oi told us to direct all questions to the Prime Minister to her and the Prime Minister’s Office as she would take responsibility for them.

Since then she has not replied to most questions we have sent to her personal email address.

If there was a response, Dr Palenitina appears to have either made a guess at the answer or directed it to somebody else, but that was the end of it.

Dr Palenitina Responses

In an e-mail to Kaniva News last week, Dr Palenitina apologised for any inconvenience she and the Prime Minister’s Office had caused when we sent them media questions.

Dr Langa’oi said the government’s procedure was that the  media should address their questions to Secretary to Cabinet and the Prime Minister’s Office and not to address them personally to her.

She said this was to facilitate the process so that whenever the Secretary to Cabinet was overseas, the person who was acting in her post could make the response.

In New Zealand we contact the Prime Minister either through his personal e-mail or working e-mail.

Within minutes we received a response informing us our email has been received and are told to expect a response within a fixed time, mostly it was within 24 hours.

When we get the response, someone – mostly the Prime Minister’s PA – signs it and says he or she has discussed the matter with the Prime Minister and the Prime Minister has agreed for him or her to respond to us.

Sometimes the person who signs the e-mail of response tells us to attribute the response to a spokesperson from the office.

Nothing like this has happened when dealing with the Prime Minister’s Office in Tonga.

If we send a letter and personally address it to the name of the New Zealand Prime Minister or a Cabinet Minister, no one in the Office answers the letter.

It will only be answered by the Prime Minister or the Minister and nobody else.

This procedure shows the three main mechanism of democracy which are accountability, transparency and good governance.

The Tongan Prime Minister’s Office does not seem to have any of these mechanisms.

The main points

  • Dissatisfaction with how the Prime Minister’s Office treats questions from the Tongan media have surfaced again.
  • Kakalu ‘o Tonga editor ‘Ulu’alofa Po’uhila said he had sent many questions to the Prime Minister’s Office and its Secretary to Cabinet without receiving a reply.
  • Kaniva News recently published a story featuring Kalafi Moala, the outgoing media adviser for Prime Minister ‘Akilisi Pohiva.
  • Moala told us the Secretary to Cabinet and the Prime Minister’s Office would not respond to the media questions we sent them.

For more information

Moala launches stinging attack on Cabinet Secretary (Kaniva News)

Acting AG says he has not received any decision from king after PM proposes to stand him down

By
Kalino Latu
-

Tonga’s Acting Attorney General, ‘Aminiasi Kefu, says he has not been made aware of any decision by the king after Prime Minister ‘Akilisi Pohiva proposed to His Majesty that his appointment as Acting Attorney General be revoked.

“No one has given me any information that His Majesty approved the Prime Minister’s proposal to take the Acting Attorney General’s position from me,” Kefu said in Tongan.

Staff at the Prime Minister’s Office said they had not yet received any decision regarding Kefu.

In an e-mail to Kaniva News yesterday (December 4) Kefu said he was continuing to work in his role as Tonga’s Acting Attorney General

He said he was currently in Strasbourg in France representing the government of Tonga atthe Cybercrime Convention meeting.

Kefu said he was also scheduled to attend a meeting in the Solomon Islands next week for Attorneys and Solicitors General of the Pacific.

Kefu was responding to claims in local newspapers that the King has approved Hon Pohiva’s proposal to revoke Kefu’s appointment.

Kakalu ‘o Tonga newspaper said in its edition of November 19 that it had reliable information from a source within the Prime Minister’s Office that the king had decided to agree to the PM’s proposal.

This week the Prime Minister’s newspaper, Kele’a, claimed a letter from His Majesty’s Law Lord, Lord Dalgety of Sikotilani on November 13, had been delivered to Kefu, telling him his appointment would be terminated.

The paper claimed the revocation would take effect on December 20, 2015.

Kaniva News asked the Prime Minister’s Office for clarification of Kefu’s role on November 17.

In an e-mail to Kaniva News on November 26 the Prime Minister’s Office said it could not release any information.

The PM’s Office said a statement would be released when a decision had been made.

They did not give details of whether this meant they were awaiting a response from the king to Hon. Pohiva’s proposal, or whether this meant a decision on when they could announce the king’s decision.

Tongan Chief Secretary and Secretary to cabinet Dr Palenitina Langa’oi told Kaniva News yesterday she was away overseas at a Commonwealth meeting but “believed” there was action in place on the matter regarding the Attorney General.

She said she would get the details when she would return to Tonga next week.

The main points

  • Tonga’s Acting Attorney General, ‘Aminiasi Kefu, says he has not been made aware of any decision by the king after Prime Minister ‘Akilisi Pohiva proposed to His Majesty that his appointment as Acting Attorney General be revoked.
  • “No one has given me any information that His Majesty approved the Prime Minister’s proposal to take the Acting Attorney General’s position from me,” Kefu told Kaniva News.
  • Kefu was responding to claims in local newspapers that the King has approved Hon Pohiva’s proposal to revoke Kefu’s appointment.
  • This week the Prime Minister’s newspaper, Kele’a, claimed a letter from His Majesty’s Law Lord, Lord Dalgety had been delivered to Kefu, telling him his appointment would be terminated.

Family announces centenarian Soana Pongia’s birthday with Tongan metaphors and Bible verses

By
Kalino Latu
-

The family and relatives of Soana Pongia celebrated her 100 birthday this week and publicly announced it with a greeting full of Tongan metaphors and Biblical verses.

Pongia was born on November 29, 1915.

The announcement attributed Pongia’s 100 anniversary to God, saying He was the only Keeper, He was the Great Keeper and He was the Good Shepherd.

It quoted Psalm 29: “The Lord is my shepherd, I lack nothing. He makes me lie down in green pastures, he leads me beside quiet waters, he refreshes my soul. He guides me along the right paths for his name’s sake. Even though I walk through the darkest valley, I will fear no evil, for you are with me; your rod and your staff, they comfort me.”

The announcement of the celebration referred to Pokoitongo and Taueveeve ‘o e Hikutamole, which are the names of a place and residence in Vava’u Islands.

The reference was a typical metaphorical application used to signify how important the event was, not only to the family but to the village as a whole.

Instead of identifying names of people in the family who had important social status in the event, they referred to the names of the places where they lived. This meant the celebration was no longer restricted to the family of the birthday person, but to all people living in those places.

“Kuo ‘alofaki ‘a e kau fohe loloto”, one metaphorical statement said in the announcement referring to the experienced rowers who are assigned to row boats in deep seas. This metaphor is typically used  to show such a celebration not only has historical importance, but is a rare event.

Another metaphorical reference said: “Pea fisi pea moto pea matala manongi mo ‘alaha ‘i he Fatafata Mafana”.  This refers to how the fragrant Tongan flowers known as kakala of the Fatafatamafana, the metaphorical name for Vava’u Islands, begin to bloom and then they come into full bloom before they send out a pleasant scent.

The birthday greeting announcement was read on Kaniva Tonga Radio Programme on Auckland radio station Planet FM on Monday.

It said the tribute was from the children and grandchildren of Lote Fangupo, Heitonga, Kava ki Motu, ‘Otu Ha’apai Pongia, Mele Latu Pongia, Filipe Pongia, Mele Heitonga Puaka Fakatava, ‘Isoa Kavakimotu Fakatava and Keiano Pa’utu ‘o Vava’u Lahi in Aoteroa.

Land Court declares Tongaliuaki rightful heir to Fielakepa title, but uncle can appeal

By
Kalino Latu
-

Tonga’s Land Court has ruled in favour of Tupou Tongaliuaki Filo’aulo Aleamotu’a inheriting the title Fielakepa after the death of the late Baron Fielakepa.

But the power to confer and revoke nobility titles is entirely the king’s prerogative according to the Tongan constitution.

His Majesty King Tuopu VI conferred the title on Tongaliuaki’s uncle  Tongapo’uli Aleamotu’a in April this year.

Tongapo’uli can appeal the Land Court decision to his Majesty through the Privy council.

Tongapo’uli’s eldest brother, the late Baron Fielakepa, died in 2013 without an heir.

The next in line to the title was Mosese Taulupe Aleamotu’a, Tongaliuaki’s father. But Taulupe died in 2007 while the title was inherited by his eldest brother Baron Fielakepa.

Lord Justice Michael Scott ruled Friday, December 4, that His Majesty had erred when he conferred the title Fielakepa on Tongapo’uli.

Mr Justice Scott said it was evident that the information provided to His Majesty regarding who was the right person to inherit the title was wrong.

He said Tongaliuaki was the rightful heir to the Fielakepa title and his name should be published as such in the Government Gazette.

Mr Justice Scott also ruled that registering Tongapo’uli’s name as a trustee after the Late Baron Fielakepa’s death on the grounds that Tongaliuaki was not 21 was wrong because Tongaliuaki was 21 years-old at the time.

(Under Tongan law people are regarded as legally adults when they turn 18.)

Mr Justice Scott also ruled that Tongaliuaki would have to file any claims for legal costs or compensation against Tongapo’uli as separate actions.

The ruling came after Tongapo’uli, the young brother of Tongaliuaki’s late father, claimed in court that Tongaliuaki was not a biological son of Taulupe, his older brother.

He claimed Tongaliuaki’s father was ‘Atunaisa Fetokai of Haveluloto.

This was denied by Tongaliuaki and his mother Mele Simiki Aleamotu’a in court.

Tongaliuaki told the court he would voluntarily provide a DNA test to prove his paternity.

His mother told the court she did not want his son to take a DNA test.

Tongaliuaki was represented by Counsel Laki Niu while Tongapo’uli was represented by Councel Siosifa Tu’utafaiva.

The main points

  • Tonga’s Supreme Court has ruled in favour of Tupou Tongaliuaki Filo’aulo Aleamotu’a inheriting the title Fielakepa after the death of the late Baron Fielakepa.
  • The king conferred the title on Tongaliuaki’s uncle Tongapo’uli Aleamotu’a in April this year.
  • Tongapo’uli can appeal the Supreme Court decision to his Majesty through the Privy council.
  • Lord Justice Michael Scott ruled that His Majesty had erred when he conferred the title Fielakepa on Tongapo’uli.

For more information

Fielakepa title conferred on His Majesty’s Armed Forces Commander

Baron Fielakepa

 

Two Chinese suspects wanted in fraud charges abscond

By
Kaniva Staff
-

A Chinese couple wanted by Police for allegedly involved in forging information on birth certificates in a bid to get Tongan passports,  have absconded, according to a public notice by Tongan Police.

The couple was identified as 60-year-old Mrs Guo Hua also known as Kam Shanou and 61-year-old Mr Liu Xing Chun also known as Lou Singkei.

The couple was bailed to appear at Magistrate Court before they absoconded.

Police are asking for public’s help to find the couple who was last known to have lived in a building in Ma’ufanga previously known as Shooter.

Four Tongan government staff appeared at the Magistrate Court in Nuku’alofa early last month after they were charged with forgery and bribery in an attempt to obtain passports for Hua and Chun

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