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Supreme Court rules injunction against Ministry of Foreign affairs CEO will stand

The Supreme Court has ordered the Public Services Commission to stop advertising for and recruiting a Chief Executive Officer for the Ministry of Foreign affairs.

St George Palace at Pangai Si’i. Photo/Kaniva Tonga (Kalino Lātū)

It has also suspended the appointment of Paula Ma’u as acting CEO of the Ministry.

The court made an interim injunction to this effect in April.

In his summary of the case, Judge Cooper said the defendants, the Minister of Foreign Affairs, the Public services Commission and Mr Ma’u,  sought a review of the decision.

In February this year the Secretary for Foreign Affairs asked for leave to begin in a judicial review of the appointment, arguing that the Public Services Commission had acted outside its powers in creating the position of CEO and recruiting Ma’u.

It was also argued that the Minister had acted outside his powers by appointing a person to the role.

Chief Justice Tupou granted leave for a review.

The defendants argued that the Secretary had caused the work of other immigration section to suffer and that staff had felt bullied by the installation of CCTV cameras to monitor staff.

Senior members of staff felt excluded from work they would normally do, such as being involved in the recruitment of staff and that the work of embassies was not being properly attended to.

The Secretary argued that he had been in his role since 2019 when he weas appointed by the king.

He also said the question of Mau’s appointment rested on whether it was in line with the provisions of the Public Services Act.

He claimed that Ma’u would not be able to devote sufficient time to the role of CEO since he was also Chief Secretary and Secretary to Cabinet.

After considering a range of evidence the judge ruled that it was important to maintain the existing hierarchy within the department and to pursue channels of diplomatic engagement which had been in placer for some years.

He therefore ruled to maintain the injunction.

Guilty verdict for Tongan woman who dishonestly gets $47,000 for vehicles that don’t exist

A car dealer has been found guilty of defrauding two men by obtaining TOP$ 47,000.00 by false pretence for vehicles that do not exist.

Siosina Valerie Vakasiuola. Photo/Supplied

Siosina Valerie Vakasiuola, 32, of Fua’amotu was charged in respect of two fake agreements she had made with the two prospective buyers, both involving importation of motor vehicles from Japan.

Miss Vakasiuola ran V & G Auto Tonga, a business that sold motor vehicles on Tonga’s main island, Tongatapu. Her business either imported vehicles or provided the service through connections she had with other importers.

Isileli Latu Akauola

Between June and October 2022, at Kolofo’ou, Miss Vakasiuola obtained $30,000.00 by false pretence from Isileli Latu Akauola to purchase him a truck.

Mr ‘Akau’ola agreed to pay her $35,000.00 by instalment payment plan. She would import the truck from Japan, and he would receive it upon full payment.

Between 3 June 2022 and 7 October 2022, a deposit of $10,000.00 was sent to Miss Vakasiuola’s bank account. It followed with weekly payments of sums ranging between $1,000 and $2,000 until the full amount of $30,000.00 was paid to Miss Vakasiuola.

Viliami Pomale Blake

On or about 19 April 2022, at Ma’ufanga, Miss Vakasiuola obtained $17,000.00 by false pretence from Viliami Pomale Blake to purchase two vehicles for him.

Mr Blake complaint to the police that he had paid $17,000.00 to Miss Vakasiuola for a Skyline and Honda Stream and of that date, 10 October 2022, he had received nothing.

Mr Blake came to court but refused to answer questions from the Crown advocate or the judge, the court judgement read.

He referred to the amount of money he lost and the amount he was repaid. He stated that a woman outside the court had approached him. She was a relative of Miss Vakasiuola, called Anna. He did not know her surname.

She had offered to repay the money he lost. No final agreement had been reached.

Mr Blake refused to answer any question Miss Vakasiuola put to him.

The court judgement said: “She is very sorry that in both cases things went wrong, she has entered into repayment arrangements with both Mr Blake and Mr ‘Akauola and that is a sign of both having a conscience about what went wrong and her bona fides, so her honesty.”

Mr Copper said: “Miss Vakasioula was not a convincing witness, and I concluded that she had lied to the Court”.

Joint effort between NZ and Tonga police sees Fonoi fishermen rescued

Two fishermen were pulled to safety Sunday morning hours after their vessel sank in Tongan waters.

The boat departed Nuku’alofa at 1.30 pm local time on Saturday for the five-hour journey to Fonoifua, north of Tonga’s main island, Tongatapu.

The Tonga Police requested New Zealand assistance after the two men were reported missing. Maritime New Zealand’s Rescue Coordination Centre (RCCNZ) helped by providing drift modelling and search areas.

The drift modelling helped locate the pair after they drifted back from Tau Island towards Ata Island with the prevailing current in a southeast direction,

It turned out that their vessel had capsized near Tau Island before they drifted 35 nautical miles (64.8 kilometres) over approximately 20 hours.

The two fishermen were found alive and well by Tongan Police.  

The news comes after a post on Facebook reported that Fonoi town officer was one of the two fishermen.

“Well done to the Tongan Police and RCCNZ for this successful rescue operation – a testament to their dedication and expertise!”, the RCCNZ posted.  

Early this year, the New Zealand Air Force P-3K2 Orion crew rescued two Kiribati fishermen who had been missing at sea for six days.

Several agencies across Kirbati, Fiji, New Zealand and the United States were involved in the search and rescue operation.

Maritime New Zealand’s Rescue Coordination Centre helped by providing drift modelling and search areas.

Drift modelling

It is described as a multi-purpose tool that can forecast the trajectory of any object, such as ships, boats, or resources, drifting at the sea surface or in the water column.

Organisations can monitor and manage the model’s performance on their data and artificial intelligence (AI) platform. 

The analysis tool provides an estimate of the ensemble spread and the likely impacted areas.

They are among the most valuable tools in managing the coastal and marine environment, marine resources and maritime safety.

Fears grow for 12-year-old girl missing for 10 days

By rnz.co.nz and is republished with permission

Police are appealing for any information about the whereabouts of a 12-year-old girl, who has been missing for 10 days.

Have you seen Natasha? Police are asking for anyone who has seen her or knows her whereabouts to contact them. Photo:

Natasha was last seen on Thursday 11 July in Devon Street, in the Christchurch suburb of Sydenham, Canterbury police said in a Facebook post.

Both her family and police are concerned for her welfare.

Natasha has black shoulder-length hair and two nose piercings.

She was last seen wearing a green jacket, black track pants and Nike shoes.

Anyone who has seen Natasha or knows anything about her whereabouts is asked to call Police on 105, and to refer to file number 240712/6886.

Trump still bleeding, might require hearing exam – former president’s doctor

By John Kruzel, Reuters

Donald Trump’s former physician Ronny Jackson said on Saturday that the former president is recovering as expected from a gunshot wound to his ear that he suffered last week, but noted intermittent bleeding and said Trump may require a hearing exam.

Photo: AFP / ANGELA WEISS

The bullet fired by a would-be assassin at a 13 July Trump rally in Pennsylvania came “less than a quarter of an inch from entering his head” before striking the top of Trump’s right ear, said Jackson, a Republican congressman from Texas who served as physician to Presidents Trump and Barack Obama.

Five days after narrowly escaping assassination, Trump on Thursday accepted the Republican Party’s presidential nomination for the 5 November election.

Jackson, providing what appeared to be the first public description by a medical professional of Trump’s gunshot wound, said in a letter posted on social media Saturday that “the bullet track produced a 2cm wide wound that extended down to the cartilaginous surface of the ear.”

“There was initially significant bleeding, followed by marked swelling of the entire upper ear. The swelling has since resolved, and the wound is beginning to granulate and heal properly,” he wrote.

Jackson said he had provided daily evaluation and treatment of Trump’s wound since the shooting. He said no sutures were required, but noted that due to the “highly vascular nature of the ear, there is still intermittent bleeding requiring a dressing to be in place.”

Rear Admiral Ronny Jackson speaks as White House physician at a press briefing in January.

Ronny Jackson. Photo: AFP

“He will have further evaluations, including a comprehensive hearing exam, as needed,” Jackson added.

Trump recounted the assassination attempt to a rapt audience on Thursday at the Republican National Convention in Milwaukee, saying that he was only there “by the grace of Almighty God”.

“I heard a loud whizzing sound and felt something hit me really, really hard on my right ear,” he said, a thick bandage still covering his ear. “I said to myself, ‘Wow, what was that? It can only be a bullet.'”

– Reuters

Tonga grants Starlink a permit to operate in the interim as cable ship arrival date moves to next week   

The Tonga government has issued Starlink a provisional permit to operate in the kingdom.

This allows Starlink Pacific Islands LLC time to process applications and payments for its services.

The news comes after the government recently told the Low Earth Orbit (LEO) satellite broadband provider to stop servicing customers. At the time, the company  has yet to gain a licence to operate legally in the kingdom.

The warning against Starlink came after the island networks of Vava’u and Haʻapai were cut last month following damage to the undersea cable.

“The Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change, Communications, and CERT (MEIDECC), under the authority of the Minister responsible for Communications has announced the granting of a provisional temporary permit to Starlink by declaration to operate in the Kingdom of Tonga, through Section 29 of the Communication Act 2015 CAP (15.01)”, a statement from the government confirming the grant of the provisional license said.

The Ministry said the temporary permit issued to Starlink includes several conditions designed to ensure compliance with government regulations and address public concerns.

The license granted to Starlink is valid for a period of six months.

It said the government instructed Starlink to cease its services in Tonga due to the illegal use of satellite terminals and disruptions caused by the undersea fibre cable outage to Vava’u and Ha’apai Islands since June 29th.

The issuance of this permit aims to address public concerns while ensuring that operations are conducted according to regulatory requirements while the application for a full license is finalised.

“The Government of Tonga commends the Starlink team for its fruitful and collaborative approach during the evaluation process and wishes Starlink Pacific Islands LLC the best in building a business that continues to benefit all Tonga citizens and residents”.

Rescheduled

Meanwhile, a government spokesperson told Kaniva News that a specialist cable repair ship is sailing to Tonga from Singapore and is expected to arrive in the islands next Friday (July 26). He previously told us it would arrive on Thursday, 18.

The cable had been broken by a recent earthquake near the Hunga Tonga Hunga Ha’apai volcano. It was detected 73-96 km from Tonga’s main island of Tongatapu and  northwest of Haapai islands.

The Ministry has a spare section of cable about 60km long which it hopes will cover the damage.

“If not, we have to wait to give time to manufacture new cables”, the Ministry said.

This is the third time Tonga’s undersea cable has been disrupted.

In January 2019 Tonga’s cable was cut in an incident Tongan authorities blamed on a Malta-registered ship, the Duzgit Venture.

Tonga Cable said the cable was cut into four sections by an anchor dragged along the sea bed.

In 2022 the Hunga Tonga volcanic eruption destroyed portions of the cable and cut Tonga off from the rest of the world.

At the time, we reported comments from Dean Veverka, chief technical officer for Southern Cross Cables, which owns two other cables in the area.

He said satellites could only handle a small percentage of the traffic requirements out of any country.

“These days, submarine cables carry about 99 per cent of all communications between countries,” he said.

CrowdStrike boss ‘deeply sorry’ for disruption caused by global IT outage

By rnz.co.nz and is republished with permission

A global tech outage is disrupting operations in multiple industries, with airlines halting flights, some broadcasters off-air and everything from banking to healthcare hit by system problems.

The Windows malfunction can be seen on a screen at Amsterdam’s Schiphol airport. Photo: SEM VAN DER WAL / AFP

According to an alert sent by CrowdStrike to its clients and reviewed by Reuters, the company’s “Falcon Sensor” software is causing Microsoft Windows to crash and display the “Blue Screen of Death”.

The outages have rippled far and wide, affecting New Zealand businesses, banking and local councils – and international airlines alike.

St John and Wellington Free Ambulance’s communications centres were both affected by the outage, with delays responding to some calls. St John said it got around the issue by using VHF radios and taking paper notes.

Acting Prime Minister David Seymour told RNZ he understood the ambulance services had worked through the backlog and were operating as normal by 11pm.

Tech analyst Peter Griffin told RNZ he had never seen the likes of this outage before. “I think this is the biggest singular IT outage probably in the last 25 years and maybe in history.”

While CrowdStrike had deployed a fix, it will take a long time for that to roll out, he said. “IT technicians are going to have to go in on the weekend to a lot of companies around the world to apply a fix.”

In the meantime, “you have people stranded in airports, you have people not able to sell groceries”.

The cost would stretch into the billions of dollars, Griffin said, and noted the outage exposed a major point of failure in our tech systems.

Tonga government pushing to complete construction of houses for PIFLM53

By Don Wiseman of rnz.co.nz and is republished with permission

With Tonga just six weeks out from hosting the 53rd Pacific Islands Forum leaders’ summit (PIFLM53), there are fears the country will struggle to accommodate about 1000 guests.

While a Chinese construction company is finishing off an auditorium at Tonga High School, which will serve as the meeting venue, much of the prefabricated, container housing, to be scattered around Nuku’alofa, is some way from completion.

“[The government] had a plan of constructing prefab houses in different locations. For example, close by in our area in Kolomotu’a, there is supposed to be 20 prefab houses built in one location. In another location across town there is supposed to be 60,” RNZ Pacific correspondent in Tonga, Kalafi Moala, said.

“These are the plans that have been announced. But you go to those sites, and there is nothing there yet. It doesn’t look good,” he said.

A local contractor said there is a still a lot to do to install prefab housing, such as foundations, wiring, and plumbing, not to mention furnishings.

Once these container houses are finished, all going well in time for the summit, the plan by the government is to put them on the market and Moala said some locals have expressed misgivings about the level of interest they expect.

On Monday, Matangi Tonga reported that Prime Minister Hu’akavameiliku told media during a briefing that they are trying to complete the accommodation and construction of prefab houses before the first week of August.

But Moala said “the feeling locally, you get this from not only social media, you are talking to people there is a lot of scepticism on the internet, you can go and borrow money from a bank to build a proper house.”

Prefab houses made from containers are under construction at Vaha'akolo Road, Kolofo'ou, near the National Retirement Benefits Fund building. Photo: MOI. Nuku'alofa, Tonga. July 2024.

Prefab houses made from containers are under construction at Vaha’akolo Road, Kolofo’ou, near the National Retirement Benefits Fund building. Photo: MOI / Nuku’alofa, Tonga

Moala senses that the government is “in a panic mode” and worried the construction will not be completed on time because it now is calling on the general public to help.

He said the it looks like the government has come to the realisation that some of these things are not going to be finished.

“Please, if you have room in your home, make those rooms available,” is the plea made by the government, according to Moala.

He said the prime ministers and presidents of the Forum nations will be coming with their entourage and if one leader is bringing in about 30 or 40 people, there will be over 1000 people needing accommodation in Tonga in last week of August.

PIFLM53 will take place from 26-30 August.

15 people taken to hospital after two buses crash on State Highway 8 near Tekapo

By rnz.co.nz and is republished with permission

An Australian traveller says poor conditions made for a scary drive over the road where two buses rolled on State Highway 8 in the Mackenzie District this morning.

Fifteen people have been taken to hospital by St John after the single-vehicle crashes occurred 100 metres apart on the Tekapo-Twizel Highway about 8.40am on Thursday, police said.

That includes seven from the scene of the crash, including two people in a serious condition, two in a moderate condition and three with minor injuries.

Eight were transported from Twizel Medical Centre, six in a moderate condition and two on a minor condition.

The crash involved one of the choirs that competed at the World Choir Games.

Organisers said they were devastated the choir had gone through such a traumatic event while touring the country and they were offering members support.

They said their thoughts were with the choir, as well as their families at home, and have expressed gratitude to the people looking after them.

Hato Hone St John earlier said it was notified of the incidents at 8.38am and nine vehicles and three helicopters had been dispatched.

The two seriously injured had been taken to Dunedin and Timaru hospitals via helicopter.

Grace, who was travelling along the road when she came upon the scene, said she gave first aid to the shaken passengers.

“The children were quite lacerated by the glass I believe,” Grace said.

She spent 25 minutes tending to wounds and trying to keep people warm on a bitterly cold morning before the firefighter crews arrived.

A bus crash involved tourists on State Highway 8 in the Mackenzie District on 18 July, 2024.

A bus crash involved tourists on State Highway 8 in the Mackenzie District on 18 July, 2024. Photo: Supplied / Grace Duggin

A man had helped to get all the passengers out of the first bus before she arrived.

“But as the temperature was about negative one (degrees), they were just freezing, so everyone was gathering all the blankets and scarves and jumpers that they could to give to these people,” Grace said.

A bus crash involved tourists on State Highway 8 in the Mackenzie District on 18 July, 2024.

A bus crash involved tourists on State Highway 8 in the Mackenzie District on 18 July, 2024. Photo: Supplied / Joseph Alexander

The driver appeared to be in shock with a broken arm or wrist, and the children were upset and crying, she said.

She was driving to Christchurch with friends when they pulled over after seeing cars with their hazard lights on.

“We were super scared on the road ourselves cos of the black ice and really poor conditions, so I think something really needs to be done about that.”

She felt shocked to not to find more road safety signs and information along the highway.

“Considering it’s a 100 [kilometre an hour] zone, we were going about 30 so I think that it’s just not at all well equipped, especially for vulnerable tourists who aren’t familiar with the conditions.”

She wanted to see action so travellers were better informed about the road conditions and the highway was better maintained and able to cope with the conditions.

State Highway 8 sign between Omarama and Twizel, pictured 18 July, 2024, during foggy conditions.

State Highway 8 road sign between Omarama and Twizel. Photo: RNZ / Niva Chittock

Police said it was understood those on board were international tourists, and the relevant Consulate had been advised.

In a statement, a spokesperson at the China Consulate-General in Christchurch said they were advised by police that two buses carrying Chinese tourists had rolled.

Staff from the consulate had visited the seriously injured pair and the embassy had asked travel agencies to accommodate the remainder of Chinese tourists involved, the spokesperson said.

“We would like to remind the Chinese citizens who recently come to the South Island of New Zealand that the weather in the South Island is changeable in winter, with rain and fog, slippery roads and sometimes “black ice”.

“Be sure to raise your safety awareness, pay attention to traffic safety, slow down when driving, and keep your seat belt fastened all the time.”

Twizel Medical Centre.

Some of those injured were taken to Twizel Medical Centre. Photo: RNZ / Niva Chittock

Passengers on board the buses who have not required medical attention have been taken to Twizel.

A Civil Defence Emergency Management centre has been set up for them.

Twizel Events Centre with a sign warning people to be careful of slipping due to ice on the pavement, pictured on 18 July, 2024.

Twizel Events Centre with a sign warning people to be careful of slipping due to ice on the pavement. Photo: RNZ / Niva Chittock

Earlier, about 40 firefighters from four crews around Twizel, Lake Tekapo, Omarama and Otematata were at the scene.

Fire and Emergency (FENZ) said no one was believed to be trapped after the crashes.

The road where the crash happened, between Tekapo and the intersection with State Highway 80, reopened about 3.40pm.

The New Zealand Transport Agency / Waka Kotahi (NZTA) had advised motorists to expect delays of up two hours when the road was closed.

Traffic camera looking south from Lake Ruataniwha Spillway Bridge away from Twizel at 10am on 18 July 2024.

A traffic camera in Twizel shows the area experiencing heavy fog on Thursday morning. Photo: NZTA

The Serious Crash Unit is investigating.

“Weather conditions were foggy at the time, however the exact cause of the crashes is still being determined,” police said.

A FENZ shift manager said crews were faced with poor weather, fog, ice and multiple patients.

“Crews worked extremely hard in trying conditions to get the best outcome for the public,” he said.

Fire and Emergency crews left the scene about midday, but the road remained closed.

NZTA said as this was a serious crash on a state highway, they would be conducting an investigation of the road and roadside conditions, alongside police investigations.

“The condition of both buses will also be examined as part of the investigation.

“Our thoughts are with everyone affected by this morning’s crash.”

Buses at Twizel Events Centre, where tourists involved in bus crashes on State Highway 8 were sent for accommodation, on 18 July, 2024.

Buses at Twizel Events Centre, where tourists involved in bus crashes on State Highway 8 were sent for accommodation, on 18 July, 2024. Photo: RNZ / Niva Chittock

Intersection near bus crashes popular with tourists – board member

Twizel Community Board member Tracey Gunn said conditions in the area could be treacherous, making locals wary.

She said she was not surprised to hear about the two bus crashes near the Hayman Road intersection, which was popular with tourists as it had a car park with toilets and breathtaking views.

“Close to the lake and with the fog, the roads are wet. Sub-zero temperatures means they freeze, black ice, and you can’t see black ice. It just looks like a wet road,” Gunn said.

“It’s just a perfect storm of conditions for accidents unfortunately.”

Due to a crash near Hayman Road intersection SH8 is closed between Lake Tekapo and Lake Pukaki. Road users are advised to delay their travel or avoid the area if possible.

A map showing where the road is closed. Photo: NZTA

On Thursday morning, NZTA put out a black ice and winter driving conditions warning for that stretch of road.

Gunn said it was one of the two intersections in the area which had the most crashes, because it was a sweeping bend which was a bit tricky to go through even in good conditions.

“If the visibility is very low and so if you’re driving down the main road, you wouldn’t even know that there was potentially an intersection there.”

Under winter conditions, motorists needed to go slower, brake on a straight, not on a corner and factor in more travel time, she said.

Chatham Airlines begins flying in Tonga amid Lulutai’s ongoing flight disruptions

Chatham Airlines begins servicing Tonga’s domestic flight services this week.

The announcement comes a month after Kaniva News reported that Lulutai contacted the New Zealand airlines to assist with its services.  

Lulutai Airlines has leased a SAAB 340B from Air Chathams for three months. The aircraft was expected to serve the kingdom under Lulutai Airline’s Air Operating Certificate.

As we reported at the time, Air Chathams and Lulutai have been negotiating for the New Zealand airlines, which previously operated Tonga’s domestic air service, to take over Tonga’s domestic flights on a four-month wet lease.  

A wet lease is an arrangement whereby Chathams can provide a Saab 340 aircraft—the same type operated by Lulutai until it was damaged in December—with aircrew and maintenance.

Duane Emeny, Air Chathams’s Chief Operating Officer, has reportedly confirmed that Chathams’ aircraft began flying in Tonga this week.

Tonga experienced a long-standing flight crisis that could be traced back to after Chathams left the kingdom in 2011. Last week, Fiji Airways temporarily downgraded its aircraft on the Nadi to Vava’u route from an ATR72 to a smaller ATR 42 due to a safety issue with the fire services stationed at the Lupepau’u Airport in Tonga’s Vava’u islands.

Meanwhile, Lulutai is expected to buy another Saab 340. This was recently mentioned in Parliament, with the Opposition saying money for the purchase had been allocated in the 2024-2025 budget. There was no further information available to us on the new aircraft. It has been claimed that they can be bought for as little as US$1 million.

The Saab is bigger than Lulutai’s recently purchased DeHavilland Canada Twin Otter, which the government bought for US$6 million.

When asked about the difference between the prices and why the Twin Otter was more expensive, our source said it depended on the negotiations between the buyer, in this case, the Tonga government, and the seller. He said the government should have gotten a better deal and bought a  cheaper Twin Otter for about US$3 million.  

Air Chathams ran Tonga’s domestic airline from 2007 to 2011 before it was forced out of the country.

The airline’s CEO, Craig Emeny, said at the time that Chatham’s was the 11th airline to operate in Tonga. He blamed his airline’s departure on the then government’s decision to establish a rival airline, Real Tonga, using donated Chinese aircraft.

Chatham Airlines currently operates 10 aircraft, including two ATR72s and three Saab 340s, the same type operated by  Lulutai Airlines. It serves destinations in New Zealand’s main islands, the Chathams, and Norfolk Island in Australia.