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Tonga Development Bank CEO allegedly steps down amid dispute with company over loan for prior project: Reports

By
Kalino Latu
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‘Emeline Tuita has allegedly stepped down as chief executive of Tonga Development Bank (TDB), according to reports.

‘Emeline Tuita

Several local online news outlets and social media sources ran the news citing various sources.

RTTI Livestream news programme, citing unidentified TDB sources and BroadCom FM87.5 Broadcasting , reported a decision by TDB top authorities to stand down Tuita along with its Chairman.

A report by Tonga Independent, citing reliable sources, claimed Tuita and TDB board Chairman Peni Vea had been stood down.

Kaniva News contacted Tuita for comment.

In 2013, Tonga Rugby Union (TRU) reportedly terminated Tuita’s  probation period with the union and to be effective immediately.

TRU in its resolution to cease Tuita’s probationary term said her recruitment did not follow the proper procedure.

In 2018, Tuita’s contract with the Ministry of Tourism as chief executive was terminated amid allegations of misconduct, abuse of power and disobedience in the Ministry.

As Kaniva News reported at the time, strife between the Minister Sēmisi Sika and Tuita during the hosting of the Mate Ma’a Tonga team while they visited Tonga after the 2017 World Cup was also revealed.

Tuita was also accused of using her ministerial position to benefit her own private business.

We contacted Tuita at the time for comment.

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The latest allegation comes in the wake of speculation and controversy surrounding a proposal to construct a luxury centre on royal land  in Tonga.

Latest twist

It has been claimed that a proposal was first raised last year by the Low Company, which sought funding from the TDB.  However, the owners of the Cost Low supermarket are in now dispute with the TDB since the project at the king’s estate in Tufumāhina, has apparently stalled.

Now the TDB has announced the construction of a luxury resort on royal land at Polata’ane. It did not say who was going to construct the project, but the TDB appears to be claiming credit for the project.

According to a report by the Tongan Independent the Cost Low Company has filed an application for an Injunction on a Mortgage Notice issued by TDB.

The dispute appears to date from a meeting in March last year between TBC CEO Emeline Tuita and the head of Royco Group, owners of Cost Low, Charlotte Cocker Tu’i’ile’ila. Cost Low had secured a government construction contract in Tufumāhina. It is understood Cocker wanted to refinance Cost Low, requiring financial support from TDB.

The Independent reported that the proposal involved merging the Royco Group’s debts into a new entity for the project with the bank owning 80% and Cost Low owning 20% to clear Costlow’s debts. The Independent said the decision was officially confirmed in a letter from TDB’s CEO to Royco Group’s directors on March 20.

On March 26, TDB invested $2.184 million into Cost Low. However, on March 27, an unexpected delay occurred when Mrs. Cocker’s accountant came to execute share transfer documents for the new SPV. There was still no progress by April.

Cocker claimed there had been a serious breach of confidentiality related to Cost Low’s banking affairs. She claimed a third party has been making enquiries regarding the contract held by Cost Low.

Cost Low’s legal representative sent letters to the Reserve Bank on April 12, alerting them to the confidentiality breach.

The independent claimed there had been no official response, but on August 8 the Development Bank issued a Mortgage Notice, alleging defaults on securities and saying it intended to take possession of Cost Low’s property.

An internal National Reserve Bank of Tonga document  seen by Kaniva News appears to show it was concerned at the amount of the TDB’s exposure to debt totalling $TP6.6 million through the Cost Low loan.

It said the TDB’s liquidity rate had fallen for, among other reasons, the acquisition of Cost Low assets and development rights at the Tufumāhina property.

The NRBT report said decisions around the Cost Low loan had been taken “without due diligence to protect TDB’s interests.”

According to the former editor of Kele’a newspaper, Mateni Tapueluelu, Cost Low has taken legal action against TDB’s CEO Emeline Tuita. Cost Low has accused the bank and CEO Tuita of failing  to perform their duties under an agreement to process a loan to fund the Special Project Vehicle (SPV) to consolidate the Cost Low and Royco businesses.

Tapueluelu named the first plaintiff is Cost Low director Charlotte Jane Cocker Tu’i’ile’ila, and the second plaintiffs are Cost Low Company Limited, Tuapasio Nufahu Tu’i’ile’ila and Royco Developments Limited.

Tapueluelu said that according to the statement of claim, Cocker submitted her business plan to the TDB and told the bank the royal estate agent had approved in principle the company’s application to lease lands at the king’s estate at Matatoa for 70 years. The lease value was $TP6 million and this was part of the company’s loan.

It was alleged that the bank had paid the TOP$6 million lease to the king from the bank and not from Cost Low, which had applied for the loan. Tapueluelu said the kings’ agent said the payment should have come from Cost Low, not the bank.

It also showed CEO Tuita of the bank insisted the payment was still from Cost Low but since the bank would have shares of 80 percent in the SPV the bank could issue the payment directly to the king.

However, lawyer Edwards for the plaintiffs argued that the Cost Low loan was no longer being processed.  He said the plaintiffs had told the bank the project would be in three phases including three two – storey buildings and, in another phase, a convention centre and other accommodations to be leased out to the government.

However, the TDB’s lawyer, Teimumu Tapueluelu, said the deal had not been approved and the bank has a legal obligation to seize any securities or properties to cover overdue debts.

The plaintiffs’ lawyer has argued the agreements and mutual understanding between the bank and the plaintiffs caused the plaintiffs to begin working on the project and that should be regarded as a mutual agreement.

This month the Tongan Development Bank announced plans to build a luxury centre at Polata’ane, in the royal estate.

The bank said the project would include a conference centre, a restaurant, two luxury villas with 23 apartments and a swimming pool and bar. 

Police swarm Papatoetoe after shooting at Allenby Park Hotel

By
Kaniva Staff
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By newshub

Police officers have swarmed Papatoetoe in south Tāmaki Makaurau/Auckland on Wednesday evening following a shooting at a hotel.

A police spokesperson told Newshub they responded to a “firearms incident” on Great South Rd at about 6:30pm.

Nobody has been injured, the spokesperson added.

A section of Great South Rd had been closed earlier, between Puhinui Rd and Carlie St, and the public was asked to avoid the area – but a Newshub reporter at the scene said the road has since reopened.

Despite that, the Allenby Park Hotel, where the shooting happened, remains in lockdown.

One woman whose daughter lives at the hotel complex said she rushed to the scene to check on her welfare.

“My daughter’s in there – she’s got a newborn baby. She told us that there was a shooting,” she told Newshub.

“I’m just waiting to see what happened, to go and check on her.”

The woman told Newshub her daughter heard gunshots and arguments.

“She said that there were police dogs and cops [were] busting down doors.”

Insp Kerry Watson said police received a complaint about a man having a gun.

“As we were driving to the location it was updated that shots had been fired. So we arrived and we entered quite promptly because we were worried about the safety of those persons inside.”

Watson said officers cleared several rooms, and soon after discovered the shooter had fled just before police arrived.

“The immediate scene is safe,” he stressed. “The residents can go about their business as normal. More information as it comes to light will be provided.”

He said it was a “long-barrel firearm”.

An investigation is underway and officers will continue to speak with witnesses at the Allenby Park Hotel, he said. 

Young Tongan father killed by suspected drunk driver in California

By
Kaniva Staff
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By patch.com

FREMONT, CA — A pedestrian who was struck and killed in Fremont earlier this month by a suspected drunk driver was identified by the Alameda County Coroner’s Bureau as Taniela Finau Hafoka, a 26-year-old Oakland resident.

A GoFundMe campaign organized to help cover funeral expenses and support his three children identified him as Taniela Finau Hafoka Malekamu.

Hafoka was struck in the 45000 block of Fremont Boulevard at about 11.30 p.m. on May 3.

He was pronounced dead at the scene after unsuccessful medical aid by Fremont police officers and Fremont Fire Department medics.

The driver, 58-year-old Sunnyvale resident Hung Vuu, crashed into a traffic signal pole about a quarter-mile away and suffered minor injuries.

He was arrested on suspicion of vehicular manslaughter and driving under the influence of an alcoholic beverage causing injury.

If was the first traffic-related fatality in Fremont in 2024, according to police.

Federal Pacific Insurance and Finance Tonga celebrates 20 years of services

By
Kaniva Staff
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Sponsored:

Federal Pacific Insurance and Finance (Fedpac) operations in the Kingdom of Tonga celebrated 20 years of service at a cocktail event in the capital Nukualofa.

The celebration was held at Taufa’ahau Budling and attended by the Prime Minister of Tonga, Hon. Hu’akavameiliku, members of Cabinet, government officials, private sector partners and Fedpac Customers.  

The Hon Prime Minister gave the key address of the evening touching on the company’s on-going operations and its support of sport, education and tourism initiatives in the Kingdom.

The Prime Minister congratulated the company for continuing to operate despite the many challenges of the last few years and encouraged the company to expand Tonga operations to other islands in the Group.

He issued a challenge to the company to keep growing and bringing a Pacific-grown company to look after the unique insurance and finance needs of the region.

Group Spokesperson and General Manager for Fedpac Insurance, Namulau’ulu Papalii Sami Leota told guests the event was an important milestone for Tonga Operations to celebrate.

“The Group had related companies operating in Tonga since 1994, however Finance and Insurance services began in 2004 with only four staff, but today we have over 25 team members which is a testament to the growth of the Company,” he said.

Country Manager – Fedpac Insurance, Mele Saini Latu said the company has had its share of challenges since establishment, some good and bad times, but the company had weathered them due to the strong partnership between the local team and Regional Support and strong Re-Insurance arrangements.

“We have learned many things in the past 20 years, and we can say that we gained experience and understanding of the communitys’ finance and insurance needs but most importantly, we have various types of risks both in Government and Private sector business.

Federal Pacific Finance is the largest private non-bank finance institution providing small to medium credit opportunities for Tongan people and Tongan businesses.

The Finance branch is run locally by Stanley Mafoa and his hard-working team.

Namulau’ulu said he was grateful that the companys’ claims ability was tested and completed within this period, including four cyclones, a tsunami, volcanic eruption, floods and a riot, as well as the normal claims.

“These claims were put through our usual process and were settled quickly, thanks to the support of our Reinsurance and Regional Underwriting team”.

“Fedpac prides itself in the Pacific as a Company who handled, assessed and paid out all genuine claims promptly”, he said.

One of the biggest challenges Fedpac Insurance faces is to be able to secure good re-insurance treaties. Re-Insurance underwriters see the Pacific as high-risk zone, consequently many who had been writing business in the Pacific region had pulled out, or made terms very costly.

Namulau’ulu said the company has been able to maintain the support of reinsurance underwriters (e.g. Lloyds of London, PWS East Asia) that the company has dealt with from the start and maintains a strong partnership.

“We are grateful to the Government of Tonga for their support of our operations in this beautiful country, when we proposed our business all those years ago, we pledged that we came to stay with the goal of offering alternative and competitive Insurance and Finance products and we are happy to report that is exactly what we continue to do,” said Namulau’ulu.

Namulau’ulu also acknowledged the hard work of the Country Managers, Mele Saini Latu and Stanley Mafoa (Finance) and the dedicated team of local staff.

He was joined at the celebrations by Fedpac General Manager, Fuimaono Malcolm Johnston and Country Manager, Ford Hyundai Samoa, Simon Fruean.

Fedpac Insurance and Finance began trading in Apia in 1999 and have since set up offices in Tonga, Cook Islands, Timor Leste, Fiji and Vanuatu with support provided by Regional HO in New Zealand and London. The company continues to look for more opportunities in the Asia-Pacific region.

Namulau’ulu acknowledged the FPG Board of Directors for support given and in particular, Chairman Papalii Alan Hutchison in continuing to pursue the vision of his late father, and Group Founder Alistair Hutchison.

Hon Prime Minister Remarks.

Distinguished Guests, ladies and gentlemen,

I’m pleased to be here at this evening’s event and to add my congratulations to Federal Pacific Insurance and Finance for reaching this milestone of your operations in Tonga.

Doing business in any country is always a challenge, in Tonga we also have our own unique challenges in doing business, so reaching 20 years of service is no small feat.

Over the past 20 years, Tonga has faced many daunting challenges and as a consequence, we have changed in many ways.

The pressures on our economy brought on by the COVID pandemic and natural disasters such as the tsunami and volcanic eruption were some of the major ones. We have been obliged to change, to become more adaptable to fast changing circumstances for good and bad and to become more resilient in every area of our society.

No one was left untouched by the 2006 riots, the COVID pandemic or the natural disasters that followed. In continuing to operate, businesses such as Federal Pacific Insurance and Finance gave the public some peace of mind in difficult times.

I’m sure the insured public (both business and domestic) would have benefitted from your policies, risk cover and subsequent claims payouts.

I am also mindful of the evolving global challenges, especially those posed by climate change, which will affect insurance premiums.

From the Governments’ perspective, we encourage companies to establish themselves in Tonga for the numerous benefits it has for our people. In particular job creation and economic growth.

At the same time we also make sure that we encourage the private sector growth by creating a friendly environment to operate in, as there is no doubt the private sector is the Governments’ biggest partner and is often referred to as the “engine of growth”.

I was told that you started with four (4) staff members but you now have well over 25 staff and operate not only in Tongatapu  but also in Vavau. Its good that you have expanded your service to Vavau but I hope that you will also reach out to the residents of the other islands.

I note you have also been supporting the Tonga Community through sponsorship in Rugby, Education and Tourism. I encourage your company to continue doing that as that is where your blessings are from.

The test of any insurance company is the payment of claims, so if you are still here after 20 years it means that the insured public is benefitting from your service.

Federal Pacific Finance is the largest private non-bank finance institution providing small to medium credit opportunities for Tongan people and Tongan businesses.

Many members of our community have used this facility over the past 20 years. Thank you Federal Pacific Finance.

I understand that you have offices around the Pacific with an office recently opened in Vanuatu. My challenge to your company is to keep growing because we are in a unique part of the world and we take great pride that we have a Pacific-grown company looking after our insurance and finance needs.

To end I would like again to Congratulate your Chairman, Papaliitele Alan Hutchison and Management, and especially your Tonga staff for reaching 20 years of Service and may the Good Lord continue to bless your Company.

Malo aupito and Faafetai tele Lava..

NZ Army leads building work on remote Tongan island group post eruption

By
Kaniva Staff
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The New Zealand Army has led five weeks’ worth of building work on a remote island group in Tonga which will help the kingdom better respond to natural disasters, and offered dental services to the locals.

NZ Army soldiers have led five weeks’ worth of building work and dental treatment in the Ha’apai island group to help the Tongan islands build resilience. (Photo-Supplied)

The annual Ministry of Foreign Affairs and Trade-funded Exercise Tropic Twilight was held in Tonga for the second year in a row to support the recovery from the 2022 Hunga Tonga – Hunga Ha’apai eruption.

The NZ Army was joined by soldiers from Tonga, Vanuatu, Fiji, Papua New Guinea, Australia, United Kingdom and Japan. Over five weeks the 74-strong multinational contingent tackled several projects in the Ha’apai island group.

The work covered four main sites; the Ha’ateiho Community Centre, the Meteorological Centre, Pangai Government Primary School and Koulo Government Primary School.

From new toilets, showers, a kitchenette and playgrounds to upgraded plumbing and electrical work, the projects focused on creating accessible and secure places for people to gather in natural disasters, with durable infrastructure to provide power and clean water.

Senior National Officer on the ground, Major James Brosnan, said the work would support communities for years to come.

“I am immensely proud of the contingent and all they have achieved,” he said.

“From solving the complex problem of getting our people and equipment to the remote location, through to the construction, medical and dental capabilities that have left a tangible impact on the communities in Ha’apai.”

Corporal Maitlin Kakau worked at the troop’s largest site, the Ha’ateiho Community Centre, and said it was different to any job he had run in New Zealand.

“Working with electricians, carpenters and plumbers from different countries was stressful at times – there was a bit of a language barrier to begin with, but we were able to work through it, helped by our similarity in training.

“What we achieved in a short time was amazing. It’s special to know it is going to such a good use.”

A New Zealand Defence Force (NZDF) dental team saw almost 200 patients, performing fillings, extractions, root canal treatments and hygiene appointments.

Working with field kits out of the old hospital on Lifuka, Captain Amanda Rowe said she was proud of how her team got the job done, especially as they were a lot busier than anticipated.

“We were seeing on average 12 people a day. In the humid conditions with limited supplies, everyone worked together, under the pump, to problem-solve and get the work done.”

Captain Rowe said she joined the NZDF to make a difference in communities that need help.

“When people come in who are in real pain and you can help them, it’s a rewarding feeling,” she said.

Major Brosnan said working on a remote island presented a few challenges; supplies were limited and material sometimes took weeks to arrive.

“However our military training, collaborative approach and can-do attitude allowed us to resolve them to ensure our tasks were achieved to a high standard,” he said.

Tropic Twilight was also a chance for personnel to learn more about the Tongan culture, food, nature and lifestyle.

“Working alongside Tonga’s His Majesty’s Armed Forces meant our units were fully integrated with the local culture. The hospitality and gratitude shown by the community was second to none,” said Major Brosnan.

“It was pleasing to see how quickly the NZDF and our international partners integrated.

“I am confident that if we were required to deploy at short notice in support of disaster relief we could seamlessly integrate with our Pacific partners,” he said.

Warning after fake Tongan banknote used in shipping cargo payment

By
Kaniva Staff
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A private ferry operator in Tonga has warned the public to be vigilant after it discovered what appeared to be counterfeit banknote in its payment services.

Tōfā Ramsay Shipping operator spotted the fake pa’anga note in its payment services this morning. Photo/Supplied

Tofā Ramsay Shipping which operated Tonga’s domestic shipping services made the warning this morning.

Copies of the apparent $50 pa’anga bill were shared on the company’s Facebook account with an accompanied warning in Tongan saying the counterfeit currency appeared to be printed copies of original pa’anga bills.

The counterfeit pa’anga was spotted during the company’s services this morning, a staff has confirmed to Kaniva News.

Tōfā Ramsay Shipping operates the inter-islands service.

It included a barge that can transfer vehicles, cargo and passengers to beaches and islands that do not have wharves.

Tōfā Ramsay Shipping operator spotted the fake pa’anga note in its payment services this morning. Photo/Supplied

In 2022, two men were arrested in the seizure of counterfeit Tongan currency from a home at Popua.

At the time Tonga Police asked the public to report any fake currency in circulation.

Tongan authorities could not be reached for comment.

How to spot fake pa’anga notes?

In 2017, the Tonga National Reserve Bank found $50 notes, prompting a public warning.

It that incident, the bank said it received $50 paánga notes of the new design currency (King Tupou VI series) confirmed to be counterfeit notes.

It also said, these counterfeit notes lack the following security features present in every genuine $50 pa’anga note:

1. the watermark of the King’s effigy which can be clearly seen when it is held up to the light;

2. a shiny silver thread shows as a window on the front of the note but as a more solid silver on the back of the note, showing images of the national medal.

The bank then said: “The public is hereby advised to check all notes particularly the $50 new design note before accepting them. Counterfeit notes carry zero value and will not be accepted by the banks or the Reserve Bank”.

US says it was ‘unable’ to provide Iran assistance after helicopter crash

By
Kaniva Staff
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By Reuters

The United States on Monday (May 20) said it had been unable, due largely to logistical reasons, to accept an Iranian request for assistance following a helicopter crash over the weekend that killed President Ebrahim Raisi, as Washington offered its condolences.

The rare request from Iran, which views the United States and Israel as its main adversaries, was disclosed by the State Department at a news briefing.

“We were asked for assistance by the Iranian government. We did make clear to them that we would offer assistance, as we would do in response to any request by a foreign government in this sort of situation,” spokesperson Matthew Miller told reporters.

“Ultimately, largely for logistical reasons, we were unable to provide that assistance,” Miller said, without elaborating.

The charred wreckage of the helicopter which crashed on Sunday carrying Raisi, Foreign Minister Hossein Amirabdollahian and six other passengers and crew, was found early on Monday after an overnight search in blizzard conditions.

Iran has still not provided any official word on the cause of the crash of the US-made Bell 212 helicopter in mountains near the Azerbaijan border.

Asked whether he was concerned that Tehran might blame Washington, US Defense Secretary Lloyd Austin said: “The United States had no part to play in that crash.”

“I can’t speculate on what may have been the cause,” he added.

The crash comes at a time of growing dissent within Iran over an array of political, social and economic crises. Iran’s clerical rulers face international pressure over Tehran’s disputed nuclear program and its deepening military ties with Russia during the war in Ukraine.

Nuku’alofa man convicted for receiving stolen goods

By
Kaniva Staff
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A Pili man has been convicted for receiving stolen goods.

Nuku’alofa Central Police Station. Photo/Kalino Lātū

Manase Tongia has admitted to receiving stolen goods worth of TOP$6,610.20 from Sione Tu’ifua at Nuku’alofa Magistrates Court.  

The court was told that the goods were unloaded from a delivery vehicle before they were loaded into a car last year at Pili.

Tongia was charged after his mother asked him to go in his car to Tu’ifua’s place and pick up a pram.

His mother was selling goods at a roadside market in Fanga.

Upon arrival, Tu’ifua told Tongia to take the stolen items first to another place to be sent to Ha’apai in which Tongia agreed. They also agreed for Tongia to return and pick up the pram.

Tongia dropped off the stolen goods which included packs of pairs of slippers and batteries before he left. He didn’t return to pick up the pram.

However, police arrived at the place where the stolen goods were dropped off and picked them up.

A brother of Tongia called to let him know what had happened to the stolen goods and that the police wanted to speak with him.

The Police later arrested Tongia and remanded him in custody.

He admitted to receiving the stolen goods.

Magistrate Loupua Kulī convicted Tongia of receiving and handling stolen goods.

Check before you tap: Consumer warning over PayWave surcharges

By
Kaniva Staff
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By Leonard Powell of rnz.co.nz and is republished with permission

PayWave – the ability to make a purchase with the tap of a credit or debit card – has taken off in recent years, but with convenience, there is always a cost.

Consumer NZ says any surcharge should be clearly displayed. Photo: RNZ / Leonard Powell

Now, most payment machines display a sign warning of a surcharge – and that surcharge is not the same everywhere.

The standard PayWave surcharge in New Zealand is 2.5 percent of the price of a purchase. At Remedy Coffee in Auckland city centre, the surcharge is 1.8 percent.

Owner Richard O’Hanlon said most customers still used the service.

He told First Up he saw PayWave emerging in the two years before 2020.

“And then after Covid when everything became contactless, that’s when it really hit in.”

His business pays a flat fee to the Eftpos company to use its system, but it is actually the merchant service fees charged by the banks that cover credit card and PayWave transactions that cost them the most money.

“On a quiet month, that can be $2000, $3000, and on a busy month that can be $3000 to $4000 that we have to pay as a business.

“And as a small independent coffee shop where rates are going up, wages are going up – which they should do – everything’s going up. Milk, coffee. We have to then find a way of finding that amount of money.”

Consumer warning over PayWave surcharges

Remedy Coffee owner Richard O’Hanlon. Photo: RNZ / Leonard Powell

O’Hanlon said big businesses like supermarkets and fast food chains did not bother with the surcharges because of their high volume of sales.

However, smaller outfits like his had to consider their costs carefully.

The amount retailers tack on for their surcharge is at their discretion – but Consumer NZ’s Jessica Walker said the surcharge should never be more than 2.5 percent.

“We’ve done some maths and after conversations with the Commerce Commission where we’ve landed is 2.5 percent,” she told First Up.

“So anything above 2.5 percent we would say is within the realms of excessive, but we wouldn’t expect many people who are paying by credit card to be paying 2.5 percent.

“I think that most people should be seeing like 1.5 percent, 2 percent, seems to be about the norm, but we have had complaints from people who are paying well above that 2, 2.5 percent surcharge.”

Consumer NZ said any surcharge should be clearly displayed, and asked people to get in touch if they were charged more than 2.5 percent when they used PayWave.

Consumer warning over PayWave surcharges

Tina and Tom at Tem Vietnamese. Photo: RNZ / Leonard Powell

Unlike Remedy Coffee, the popular Vietnamese restaurant Tem, also in central Auckland, does not have a surcharge for PayWave.

Co-owner Tina told First Up she was happy to cover the cost herself.

“I try and make the customer happy,” she said. “Because now there’s lots of competition, a lot of food around.

“Although you cook good, you look good, your food is healthy, your food is good, but people will look at the money.”

Apps like Apple Pay on cell phones have made PayWave even easier. Several people who spoke to First Up did not even use a wallet.

“I just don’t carry my credit card. I just have my phone all the time,” one person said.

“I’d rather leave my credit card at home… I never lose my credit card then.”

However, another said they inserted their card and entered their pin unless they were “basically on the town drinking”.

“It’s like, how much do I value my time? It’s 30 cents for an average transaction and it takes six seconds. So if you multiply that out to the hour, that’s a lot of money… much less discipline when I’m drinking.”

Judge says plaintiff’s claims in land dispute case were ‘questionable and unsatisfactory’

By
Philip Cass
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The Land Court has dismissed an action to overturn the validity of a lease on a tax allotment.

Sosefo Penitani challenged the validity of Lease No. 9810 registered in the name of Pohiva Uele.

The lease consists of three acres from the hereditary tax allotment he inherited after his father, Soane Penitani, who died on 13 February, 2021. The lease was registered on 26 January, 2021.

There had originally been a proposal to open a quarry on the site. One estimate put the value of the rocks in the proposed quarry at TP$2.5 million.

He claimed that the signature on the lease application was a forgery and that the lease was therefore was unlawful and of no effect.

He wanted the lease cancelled, Pohiva  removed from the allotment and ordered to pay TP$1000 a year from the date of the lease.

Sosefo Penitani claimed that Pohiva’s brother, Sione, helped his brother in unlawfully obtaining and registering Lease No.9810.  He said he filled out the lease form and witnessed Soane’s signature. 

The defence denied the signature was forged and said Sione was helping his brother in the course of his employment and his actions were not unlawful. 

Acting Lord Chief Justice Tupou told the court there was a presumption that registration was final unless it had been proven to have come about as a result of an error of law, or as a result of fraud, mistake, breach of principles of natural justice or of a promise made by the Minister or Tofi’a holder. 

Judge Tupou said he did not find Sosefo Penitani a reliable witness.

“His shifting accounts were questionable and unsatisfactory,” the judge said.

The judge said Sosefo Penitani had failed to satisfy the court to a high degree of probability required that Soane’s signature on the L9 form was forged, 

“I find there was insufficient evidence to prove that Sione Penitani ‘s conduct in filling out the lease form and witnessing Pohiva’s signature was unlawful and the case against him must also be dismissed,” Judge Tupou said. 

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