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We quoted preliminary report on Saab crash accurately; Ministry comments are misleading

By
Kalino Latu and Philip Cass
-

KANIVA COMMENT: The Ministry of Civil Aviation and Ministry of Infrastructure has attacked Kaniva News’ reporting that concerned citizens have called on the Prime Minister and members of the Lulutai Airlines board to resign.

Civil Aviation Minister Sevenitiini Toumo’ua

We believe the ministry’s comments are misleading.

Kaniva News has at no time called on the Prime Minister to resign, nor have we attributed any blame to them. We reported on calls made by citizens concerned about the incident. It is quite normal for citizens in democracies to express strong views when state-owned assets are involved. This may also involve demanding that those at senior management and political level take responsibility for such issues. Equally, it is perfectly normal for the media in a democracy to report on robust debate about matters of public interest. This is part of the function of a free press in a democracy.

We have made it quite clear that our most recent reports were based on the preliminary report into the event which damaged Lulutai Airlines’ the Saab 340-B.

We also made it clear that the preliminary report does not make any findings as to the cause of the accident.

The Ministry has demanded that we apologise for the article. We decline to do so.

Click here for the preliminary report link and you can scroll down to page 9:

Here is the English version of the Ministry and the Civil Aviation Division’s complaint.

Ministry/CAD complaint 1. <<Claims that pilots deliberately act to disable the system (flight data recorder) with the intention of hiding information relating to the accident flight is untrue. I understand from Chief Investigators and his team and pilots (involved) in the accident flight were always willing to support or provide information/interview when required by the investigators during the course of the investigation.>>

Kaniva News response: This complaint is baseless. We made no such allegations. This is what we said, based on the preliminary report:

“The cockpit data recorder on the Lulutai airlines Saab340B which lost its brakes and hit a concrete wall after landing at Fua’amotu airport was not working properly.

“A preliminary report from the investigation into the crash organised  by the Ministry for Infrastructure’s Civil Aviation Department  said the flight data recorder did not contain any information about the aircraft’s progress before the crash.”

“It said the recorder indicated that it last worked properly on July 11, 2023.

“There were signs that the recorder may have  been deliberately disabled.”

Part of the report about the flight data recorder (FDR) or black box by the Tonga Civil Aviation Chief Investigator page 9 /Screenshot

The preliminary report gives no opinion as to who might be responsible. Kaniva News certainly made no such claim. Insofar as the crew of the flight are concerned, the preliminary report concentrates on describing their actions during the flight and after landing. Otherwise we cited a number of sources describing the function of the recorder and its importance in investigations.

Ministry/CAD complaint 2. <<Cockpit Voice Recorder (CVR) was taken to Australian Transport Safety Bureau (ATSB) facilities in Canberra, Australia where the successful download of the accident flight was achieved. I understand from the Chief Investigator that he was able to listen to conversations of the flight crew during the accident flight.>>

Kaniva News response:  Our report on the cockpit voice recorder were confined to a quote from the preliminary report which said: “The cockpit voice recorder was working, but the cockpit microphone appeared to have been operating at a very low level. The underwater locator beacon had not been fitted.” Otherwise our comments about the CVR were confined to a description of its function.

Ministry/CAD complaint 3. <<If the investigators were to find any critical safety issue that requires timely safety actions, it will be reported to relevant stakeholders (including the Director of Civil Aviation). To date, the Director of Civil Aviation has yet to receive any critical safety issue report from the investigators.>>

Kaniva News response: As already stated, we made it clear this was a preliminary report and that the investigation is continuing.

We urge our readers to read our two most recent stories and to read the preliminary report.

For more information

Concerned citizens call for resignations after release of preliminary report on Saab crash

Concerned citizens call for resignations after release of preliminary report on Saab crash
Lulutai crash investigation releases preliminary report, says flight data recorder not working

Two bodies found at rural Auckland property

By
Kaniva Staff
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By RNZ.co.nz and is republished with permission

The people found dead in a paddock in West Auckland have been identified as a pair of hobby farmers.

Police investigating after two bodies found on Anzac Valley Rd in rural Waitākere, west Auckland, on 18 April 2024. Photo: RNZ / Marika Khabazi

Police were called to a property on Anzac Valley Road about 7.30am on Thursday.

A spokesperson for the family, Dean Burrell, said the pair were in their 80s and lived alone. He said the death was not being treated as suspicious, and it involved an animal kept on their property.

“My auntie and her husband live at this property, they’ve lived here for about eight years. Unfortunately they’ve both lost their lives through a tragic accident.

“They’re nice people, they don’t deserve what happened. I guess it is what it is.

“The family are requesting privacy, please, and everyone’s in shock as to what’s happened. They’re very upset.”

A cop walks with a bag back to a police car after two people were found dead on a rural property in West Auckland's Waitakere on 18 April 2024.

A police officer took a bag back into a police car. Photo: RNZ / Marika Khabazi

Burrell said the couple were hobby farmers and kept sheep, cattle and chickens.

“I feel like I was dreaming it. It was a bit of a shock being told what had happened and I just didn’t believe it, so I’ve come down here to support my cousins and the wider family.”

They were found by their son, and their deaths were not suspicious.

Burrell said the family had not heard from the pair in a couple of days.

He had been informed of the deaths this morning by his father, after his auntie’s son found the couple.

He said it had been a couple of days since family heard from them.

Police cars at a property on Anzac Valley Rd in rural Waitākere, west Auckland, on 18 April 2024.

Police say the circumstances of the deaths are unexplained, Photo: RNZ / Marika Khabazi

Earlier, police said the circumstances of the sudden deaths were unexplained.

Officers were talking to the families of the victims.

A scene examination was under way.

Concerned citizens call for resignations after release of preliminary report on Saab crash

By
Kalino Latu and Philip Cass
-

Critics have called  for the Prime Minister and board members of Lulutai airlines as well as the airlines’ CEO, to resign.

Hu’akavameiliku

The calls came in the wake of the release of a preliminary report into the accident which put Lulutai’s Saab airliner out of action.

The report said that the flight data recording on the Lulutai airliner that was damaged in December last year was not working properly.

Aviation industry experts have contacted Kaniva News to say they were “shocked” to read that the data recorder of the aircraft was not working properly.

One aviation source described the report about the recorder as “so serious.”

There have been extensive calls by concerned citizens for the resignations.

The report does not make any findings as to the cause of the accident.

A preliminary report from the investigation into the accident organised by the Ministry for Infrastructure’s civil aviation department said the flight data recorder did not contain any information about the aircraft’s progress before it ran off the runway and crashed into a concrete wall.

Nobody was injured.

As we reported earlier, the recorder indicated that it last worked properly on July 11, 2023.

There were signs that the recorder may have been deliberately disabled.

The cockpit voice recorder was working, but the cockpit microphone appeared to have been operating at a very low level. The underwater locator beacon had not been fitted.

Flight data recorders are popularly known as black boxes, even though they are painted bright orange. They capture critical flight data, such as altitude, airspeed, vertical acceleration, pitch, roll, heading, and engine performance data. Flight data recorders are designed to survive crashes, fire and  being submerged.

The Australian Transport Safety Bureau, which is helping with the investigation, said black boxes were invaluable tools for helping investigators work out what might have caused an accident.

Cockpit voice recorders (CVR) record audio in the cockpit.

According to the United States National Transport Safety Board, “sounds of interest to an investigator could be engine noise, stall warnings, landing gear extension and retraction, and other clicks and pops.”

The information recorded can help understand what happened in the sequence of events leading up to an accident.

The installation and operation of black boxes is governed by national and international legislation, including the International Civil Aviation Organization (ICAO), of which Tonga is a member.

We have contacted the Prime Minister and CEO Of Lulutai for comment.

Globe trotting: Tonga Lands Minister holds meetings in NZ in wake of refusal to reveal travelling costs citing ‘confidentiality’ 

By
Kalino Latu
-

The Minister of Lands and Natural Resources is currently holding meetings in Christchurch despite Opposition arguing the purpose of his global trip could have been conducted online to save taxpayers money.

Lord Tu’i’āfitu, Minister of Lands and Natural Resources

Unlike the Australian trip, the New Zealand visit was not publicly announced on the Ministry’s social media prior to the first public meeting last night Monday 15, raising questions about transparency and communication regarding government activities.

Lord Tu’i’āfitu faced scrutiny after providing inconsistent explanations regarding the purpose of his global tour, which included visits to Australia, the United States, and New Zealand.

This week’s meetings came in the wake of the Opposition criticizing the Prime Minister of increasing government traveling budget with TOP$8 million to $21 million altogether. The Prime Minister told the House the hike was decided to facilitate Ministers travelling overseas to negotiate grants for the country.

Lord Tu’i’afitu had faced strong public criticism in December after it was revealed he and a delegation including his wife arrived in Australia to consult with Tongan community there on lands issues.

In Tonga, after their return from Australia early this year, the Opposition questioned the Minister in Parliament.

Lord Tu’i’afitu justified the necessity of the trip by highlighting the manual processes involved in handling land issues, such as administering oaths. He mentioned seeking advice on relevant laws including clause 86 of the Lands Acts from the Minister of Justice. He also cited a request from Princess Angelika Tuku’aho as reasons for the Australian trip.

He also praised the Ministry for making great effort in its attempt to reduce the number of land court cases involving the Ministry. He said this has been recorded in the Ministry of Justice’s annual report.

Costs detail confidentiality

Opposition MP Dr ‘Aisake Eke told the Minister the meetings with the international community should have been conducted online to avoid costs. He reminded the Minister that Tongans overseas were travelling to Tonga from time to time and can address their land needs when they were in the kingdom.

READ MORE:

Dr Eke asked the Minister about the costs of the trip but Lord Tu’i’afitu was quick to defend it saying it was approved by the Cabinet and it was “confidential”.

“Ko e totongi e folau na’e tali pē he Kapineti pea ko u lave’i pē ‘oku ‘ikai ko ha me’a ia ke fakahā noa’ia ha pa’anga ‘oku fakataha’i confidential ‘i he tali pē ‘a Kapineti ki ha feitu’u ‘oku public mālō”, the Minister replied in Tongan according to Hansard February 15, 2024.

However, his response was disputed by Dr. Eke, who emphasized that since public money was involved, the spending details should be made public.

When the Ministry announced the Australian trip in December, it said that the meetings would address key areas of improvement, share updates, and provide important information about land. It included explaining how land processes work, addressing concerns and working closely with Tonga’s High Commission offices overseas, to make land-related transactions easier.

NZ trip not announced on Ministry’s social media

The meetings in New Zealand, as announced in a Tongan community social media in Christchurch yesterday, was aimed at engaging members of the Tongan community, explain the Ministry’s roles and policies, and clarify guidelines for land registration process in Tonga.

Kaniva News contacted the Minister for comment and asked why was the meetings not publicly announced on the Ministry’s Facebook account as the Ministry did before they travelled to Australia in December.

While we were waiting for a response, an announcement of the meetings was later posted to the Ministry’s Facebook this morning.

It says meetings would be held in Christchurch, Wellington, Palmerston, North Hamilton and completed in Auckland with “one-on-one” appointment.

It also listed the delegation as the Minister including his wife Lady Tu’i’afitu, Deputy CEO, Surveying Services/Corporate Viliami Folau, Services Senior Urban Planner Makakaufaki Matekitonga ; Chief Draftsman Sione Leki ; Land Registration Officer Warwick Vea ; Land Registration Officer ‘Amipelela Tokelau , Quality Control and Assurance Officer Siuola Feinga Nai and the Minister’s Secretary ‘Ilaisaane Sefana

The Christchurch meetings were only made public yesterday on Tongan Society South Canterbury Facebook account.

It said the meetings would be held at the Fale Lotu Fakakoosipeli Methodist Church, 42 Sommerset Cres, Christchurch on Monday 15 and Tuesday 16 at 9am to 5pm.

“This is an opportunity for the people in Christchurch to meet with the Minister Lord Tu‘i‘afitu and his staff”, the post read in Tongan.

As we reported previously, the Australian trip triggered a strong negative reaction since this same Ministry made a similar excursion in 2010s. Its report on people’s concerns was published, but no action seems to have been taken so far.

Culture v corruption: Challenge for Tonga’s anti-corruption commissioner

By
Kaniva Staff
-

By Illiesa Tora of rnz.co.nz and is republished with permission

Aerial view of Tongatapu. Photo: Expedia

Understanding where culture and corruption needs to be separated will be the biggest challenge for Tonga’s first anti-corruption commissioner.

James Christopher LaHatte, a New Zealand barrister and mediator, was confirmed to lead the Tongan Anti-Corruption Commission in Parliament last week.

LaHatte was appointed to the role by King Tupou VI in a Privy Council meeting earlier this month.

He told RNZ Pacific what might be right culturally in Tonga maybe deemed as corruption somewhere else.

“I think the first thing I have to do is spend a lot of time listening to people,” he said.

“I need to learn how Tongan culture is different from what I’ve learned in New Zealand and other places and put that cultural understanding into the concept of what is corruption.

“Because I’m very conscious, that behaviour that might be seen as culturally appropriate, would be seen in other places as corruption.”

He used the widely accepted “gift giving” culture in Pacific nations as one example that he said needs to be looked at.

“So gift giving, for example, I’m aware is a big part of Tongan culture,” he said.

“There’s going to be a line sometimes between what is appropriate and culturally required, and something which goes beyond that.

“So I’m going to have to learn a lot about how these things work, so that I have an understanding of what is corruption and what is culturally safe.”

The culture of gift giving was recently part of public discussions during court cases where a number of Tongan MPs lost their seats because they were found guilty of what were actions of gift giving during election campaigns.

He said there would be a lot of education and awareness work done so people understand what corruption is and how it is defined.

“I think my primary role is really one of education so that people understand what should and shouldn’t happen. And then there’s an element of deterrence as well,” he said.

“From time to time, it would be necessary to take steps to identify corrupt practices, and to ensure that that’s made known and publicised so it is discussed at all levels so that people understand whether that should or should not have happened.”

Winning trust

LaHatte also said he and his team will need to win the people’s trust in the commission and their work, which will be critical for their work.

“People will need to trust the commission and have the confidence that what they report can be investigated and if found guilty those involved would be dealt with according to law.”

He said the office has been on the statute books for about 17 years.

“People tend not to have necessarily the faith and trust in the office until it can be demonstrated that it has a strong place in parliamentary and governance in Tonga.”

LaHatte said he is looking forward to the challenge and taking up office in Nuku’alofa on 1 July, starting his four-year term.

Prime Minister Hu’akavameiliku said LaHatte’s appointment is a big step forward for the Kingdom.

“This is a great milestone for Tonga now with the appointment of the first anti-corruption commissioner.”

The Anti-Corruption Commission Act was first enacted in Parliament in 2007.

But Parliament only passed the Anti-Corruption Bill in February 2023, after Hu’akavameiliku and his government pushed it through, which allowed for the setting up of the anti-corruption watchdog.

LaHatte has been a practising ombudsman, mediator, and lawyer in New Zealand and overseas for over 40 years.

He said his experience in the different works that he has been involved in over the years had prepared him for the new post.

‘Long overdue’ – lawyer

A local lawyer and former political adviser to two Tongan prime ministers has welcomed the new appointment.

“Our Anti-Corruption Act came into force in 2007 and yet no one has been appointed to the post,” Lopeti Senituli said.

“His Majesty had recommended someone whilst ‘Akilisi Pohiva was PM, but he vetoed it because he felt that particular person was too close to the Privy Council.

“The appointment is welcomed because right now only the Office of the Ombudsman handles allegations of corruption but their area of responsibility is limited to government and statutory bodies.

He said the Anti-Corruption Commission has more power and covers government and private sector.

“The appointment of our Anti-Corruption Commissioner is long overdue.”

Westfield Bondi Junction attack: Stabbed mother’s last act was to try to save baby

By
Kaniva Staff
-

By RNZ.co.nz and is republished with permission

A woman’s dying act after she was stabbed in a Sydney mall was to give her injured baby to two strangers, hoping they could save it.

Six people had been confirmed dead following the attack at Westfield Bondi Junction, as of 11pm Saturday.

Five people – four women and one man – died at the scene. The sixth, reported by Australian media to be the baby’s mother, died in hospital a short time later.

Eight other people, including the nine-month-old baby, were fighting for their lives in hospital after the attack. The baby had undergone surgery on Saturday evening, New South Wales police commissioner Karen Webb said.

The alleged attacker was shot dead by a police officer, who has been hailed as a “hero”.

The attack unfolded before 4pm (local time), after a man wearing a sports jersey and shorts was seen running through the mall, armed with a knife.

One witness told 9 News the attacker looked “scattered and chaotic”.

“He wasn’t going for anyone personally, you could tell it looked quite random, he was just running around with his knife,” the witness said.

The 38-year-old woman and her baby were reportedly the first to be stabbed.

In a video interview with 9 News, two brothers who had been shopping at the mall described the woman running towards them badly injured, thrusting her baby into their arms.

They hid in a store and pulled clothing off the racks to try and staunch the blood coming from the pair’s wounds.

One brother described the injuries as “very bad”, telling 9 News there was “a lot of blood on the floor”.

The other said he thought the baby was going to be OK, thanks to his brother’s efforts.

“The mother, unfortunately … she started to have a lot of blood coming out of her mouth.”

A man with a bollard faces off against a man armed with a knife at Bondi Westfield in Sydney.

A man uses a bollard to keep the alleged attacker from advancing. Photo: Screenshot

Video shot elsewhere in the mall showed a brave shopper fending off the alleged attacker with a bollard.

The man jabbed the bollard at the suspect as he advanced up an escalator, holding the knife.

One witness told news.com.au they saw the bodies of two young people in front of the JD Sports store on level four.

Another witness, Adriana, was with her two daughters at a beauty store when they heard gunshots.

“All of a sudden the front doors were closed and in a matter of seconds we heard some gunshots and got sent to the storage room at the back of the shop. There were about 30 or 40 people there,” she told ABC.

“Everyone was screaming, crying, trying to call their relatives. It was an horrific experience.

“There was a lot of screaming and people just screaming ‘Get out, get out, get out of the shopping centre’.”

The alleged offender was shot by a police inspector who had been in the area and gone to the mall – alone – after being informed of the incident.

“She confronted the offender, who had moved by this stage to level five, as she continued to walk quickly behind him to catch up with him. He turned to face her, raised a knife,” New South Wales Police assistant commissioner Anthony Cooke said.

“She discharged a firearm and that person is now deceased.”

Sydney inspector who shot dead a man stabbing people at Bondi Junction Shopping Centre on 13 April 2024.

The police officer who shot the alleged attacker was being hailed for her “enormous courage and bravery”. Photo: SUPPLIED

Cooke said the suspect was believed to be a 40-year-old man, but his identity was yet to be confirmed as of late Saturday night.

No motive had yet been established, but police were not ruling anything out, he said.

It appeared the man acted alone and there was no sign any other attacks had been planned.

Rakesh Sanga, who owns Bondi Alterations on level five of the mall, told the Sydney Morning Herald he saw the man coming with the knife, and “everyone running”.

Sanga was “very panicked”, he said.

He thought the officer shot the alleged attacker two or three times.

Australian Prime Minister Anthony Albanese described the police officer as a “hero”.

“There is no doubt that she saved lives through her action.”

He described the mall attack as a “horrific act of violence indiscriminately targeting innocent people going about an ordinary Saturday”.

Shoppers outside the mall following the attack. Photo: DAVID GRAY / AFP

The Australian Federal Police were assisting with the investigation, with Commissioner Reece Kershaw saying they had offered “our full specialist capabilities such as digital forensics”.

AFP members had been deployed to the crime scene, he said on Saturday night.

“It is too early to determine a motive and it would be unhelpful to speculate.

“I want to reassure the community that the AFP is providing NSW Police with whatever support is required.”

Webb said police were confident there was no ongoing risk to the public.

“We are dealing with one person who is now deceased.”

Police “don’t have fears for that person holding an ideation, in other words, that it’s not a terrorism incident”, she said.

“The investigation will be ongoing for many, many days but there are elements that we understand at this point in time that don’t indicate that.”

The alleged attacker was known to law enforcement.

The officer who shot him dead would be formally interviewed on Sunday.

She was doing well under the circumstances and showed “enormous courage and bravery”, Webb said.

Car crashes into power pole on Tongatapu

By
Kaniva Staff
-

Locals assist at the scene after a car crashed into a power pole at Hihifo road, Tongatapu.

Car crashes into a power pole at Hihifo road. Photo/Lotu Tupou

The car needed to be towed after crashing into the pole with enough force to throw it back before it sat right in the middle of the road.

It is understood authorities were notified.

No report of injuries.

The details of the incident were still unknown.

Authorities could not be reached for comment.

Tonga Customs seizes 137.36g of meth in consignment sent from US to 45-year-old woman

By
Kaniva Staff
-

Tonga Customs and Police have seized 137.36g of methamphetamine and drug paraphernalia as well as personal items.

Screenshot

The items were concealed in a metal drum in a Customs warehouse at Ma’ufanga.

The items were consigned to a 45 year old Tongan woman from Kolofo’ou, Tongatapu.

“The illicit drugs were intercepted on Thursday 4 April, after Customs inspections using X-ray scanners detected substances inside two resealed Coffeemate containers”, the Ministry of Customs said in a statement.

It said the consignment was sent from United States of America (USA).

The illicit drugs were seized with the assistance of Tonga Police and the consignee was also handed over to Police. Investigations are ongoing.

 It was unclear whether any charges would be filed.

Bill to remove Easter alcohol restrictions drawn from ballot

By
Kaniva Staff
-

By RNZ.co.nz and is republished with permission.

A bid to liberalise Easter trading laws has inched closer, after a bill to repeal alcohol restrictions on Good Friday and Easter Sunday was drawn from Parliament’s ‘Biscuit Tin’ ballot.

ACT MP Cameron Luxton. Photo: VNP / Phil Smith

The bill, submitted by ACT MP Cameron Luxton, would remove restrictions on trading and selling alcohol on the two public holidays.

“It’s quite simple – if you want to trade, you can. That’s how a free society should operate,” Luxton said.

Buying alcohol in supermarkets is currently banned on Good Friday and Easter Sunday, with liquor stores shutting their doors entirely.

In restaurants, customers must order a ‘substantial’ meal if they want to drink.

Luxton said the restrictions were “dumb” and the bill would treat adults like adults.

“It just doesn’t make sense that bar staff spend much of Easter telling customers when they can drink, how long they have to drink it, how much they are required to eat, and what they have to eat.”

Luxton said it would allow business to self-determine which days they want to open, and expand existing employee protections.

The bill would amend the Shop Trading Hours Act to extend employee protections currently in place on Easter Sunday, such as the right to refuse work, to Good Friday as well.

Restrictions on Anzac Day morning and Christmas Day would not change.

NZ lawyer and mediator is Tonga’s new anti-corruption commissioner

By
Kaniva Staff
-

By RNZ.co.nz and is republished with permission.

Prime Minister Hu’akavameiliku Siaosi Sovaleni confirmed LaHatte’s appointment in Parliament last week. It follows King Tupou VI’s approval in a Privy Council meeting two weeks ago.

James Christopher LaHatte Photo: Twitter.com / @ChrisLaHatte

LaHatte will take up his four-year posting on 1 July.

“This is a great milestone for Tonga now with the appointment of the first anti-corruption commissioner for the Kingdom,” Hu’akavameiliku said.

The Anti-Corruption Commission Act was first enacted in Parliament in 2007.

But Parliament only passed the Anti-Corruption Bill in February 2023, after Hu’akavameiliku and his government pushed it through, which allowed for the setting up of the anti-corruption watchdog.

Hu’akavameiliku told local media the government is now working on finalising staff for the Tonga Anti-corruption Commission office.

LaHatte has been a practising ombudsman, mediator, and lawyer in New Zealand and overseas for over 40 years.

His LinkedIn account said he has wide range of experience in litigation, and has practised both as a litigation solicitor and a barrister for most of his career.

He also has international experience including as the director of claims for the Taiwan High-Speed Rail Corporation as in-house advocate.

He has also served in Kazakhstan on international litigation and arbitration.

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