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Smokefree law changes a ‘completely backwards step’ – health experts

The incoming finance minister has admitted that New Zealand’s world-first smokefree laws have been scrapped to fund tax cuts.

File photo. Photo: 123RF

National’s coalition deal with New Zealand First – released yesterday – says it will repeal amendments to the Smokefree Environments and Regulated Products Act 1990 and regulations before March 2024

These changes would remove requirements for denicotisation and remove the reduction in retail outlets and the generation ban, while also amending vaping product requirements and taxing smoked products only.

Under the coalition, National could no longer fund its promised tax cuts through a tax on foreign buyers, and had to look elsewhere for revenue.

Nicola Willis told TV3’s Newshub Nation that New Zealand First and Act were “insistent” the smoke-free legislation be reversed.

“We have to remember that the changes to the smokefree legislation had a significant impact on the government books, with about a billion dollars there,” she said.

Public health experts said legislation could have saved the health system $1.3b over 20 years.

Health Coalition Aotearoa co-chair Professor Lisa Te Morenga said scrapping the legislation would cost thousands of lives, with the worst impact on Māori.

She said health professionals were shocked at the news.

“We had believed that Shane Reti supported the Smokefree legislation … so to hear they’re going to repeal it is really a gut punch.”

National said in a statement it remains committed to reducing smoking rates.

National’s health spokesperson Dr Shane Reti said responsibility for implementing the new regulations are still to be determined.

Dr Reti said the work will likely sit with associate health minister Casey Costello.

Te Morenga said the legislation could have saved the health system $1.3 billion dollars over the next 20 years.

“This is seen as world-leading legislation and some of our closest friends are looking to emulate the work,” she said.

“So to repeal it just seems a completely backwards step.”

Te Morenga said the laws would have created a smokefree generation, who would never have had to deal with addiction or health loss caused by smoking.

The new government has also vowed to reform the regulation of vaping, smokeless tobacco and oral nicotine products while banning disposable vaping products, consider requiring a liquor license to sell vapes and increase penalties for illegal sales to those under 18.

Supreme Court finds police officers guilty of assault that left prisoner with fractured jaw

The Supreme Court has found two policemen guilty of assaulting a prisoner and causing serious bodily harm.

The court was told that on or about June 26, 2021, at Neiafu, Penitiketo Latu and Taliai Tapueluelu repeatedly punched and kicked ‘Isileli Latu while he was in custody, fracturing his jaw. The prisoner was left unconscious.

The offending occurred inside the police station at Neiafu, Vava’u.

The court was told that the officer in charge that night was aware of previous allegations against the two officers of assaulting prisoners.

In his summary of the case, Acting Lord Chief Justice Tupou, KC, said the accused injured ‘Isileli Latu without legal justification and described their actions as “deliberate and intentional.”

Section 100 of the Tonga Police Act states that a police officer may use reasonable and proportionate force to exercise his or her powers. However, the force used should not be such as to be likely to cause death or grievous bodily harm unless it is necessary to prevent death or serious injury to the police officer or another person.

At the time of the incident, Latu was 19 years old and an officer in His Majesty’s Defence Forces. He had been drinking with colleagues at the Fangatongo base after work. After consuming six cans of beer and some mixed liquor he left to find food. It was starting to get dark. On his way he was engaged in a physical altercation with a man who ran from him and into the fire station, which was next door to the police station.

Latu followed him, wanting to fight. Firemen Hakalo and Officer Taifolau Vailea, who were on duty, chased him away.  Vailea said Latu was swearing and wanted to fight. They tried to take him into the police station, but he held on to the fire department fence.

The first accused, Penitiketo Latu was on the steps at the entrance to the police station and saw the commotion. He went down to take the soldier inside,  but he resisted arrest and the second accused, Taliai Tapueluleu came out to help.

When ‘Isi Latu  was taken inside the charge room, Taliai directed officer Latu to search ‘him and put him in the prison cell. Evidence was given that ‘Isi Latu was difficult to control and resisted being searched.

‘Isi Latu admitted that he threw the first punch at Latu. He said that during the fight with Latu he felt Taliai wind his arm around his neck and he blacked out. When he regained consciousness, he was inside the prison cell. He could not close his mouth or speak and his jaw was hanging down. There was blood where he lay.

Officer Kivalu  gave evidence that he saw the accused take ‘Isi Latu to the watchhouse. He said ‘Isi was unconscious and lying on his back. He saw both Latu and Taliai kick ‘Isi on the head area at least twice. The two men were in uniform and had their police boots on when the kicks were administered. When Latu and Taliai saw him watching, they shut the door.

Later, when ‘Isi Latu had been left alone, Kivalu entered the room and checked that he was still alive. He tilted Isi’s head to his right to prevent any possibility of suffocation from the blood. ‘Isi did not respond. When the two accused returned he asked them to take ‘Isi to the hospital in case he died. Taliai told him to take ‘Isi to the shower and wash the blood off him. Kivalu refused.

He saw officer Latu and Taliai grab ‘Isi’s arms and drag him to the shower to wash the blood off. He was then dragged  back to the cell and left  unconscious.

Inspector Taniela ‘Unga (“Taniela”) said he was Officer in Charge on the night in question. When he came into the station he noticed a smear of blood on the counter in the charge room.

He looked toward the cells and heard a murmuring sound. Then he saw a bloodied hand holding onto the door of cell No.4 . He heard a voice saying there was an injured person there. He did not check for himself, but called out to officers Latu and Taliai to take the prisoner to the hospital and to provide a full report at the end of their shift. He then went  to join a group of men drinking kava.

Under cross examination, Inspector ‘Unga said he was aware of previous complaints against Taliai and Latu for assaulting prisoners. He could not recall if any had involved medical reports. He could not confirm whether Latu and Taliai had previous criminal records.

In his summing up, Acting Lord Chief Justice Tupou  said he was satisfied that ‘Isi was drunk, unconscious and defenceless when Taliai and Latu kicked him.

“I am convinced that under those circumstances, there was nothing to cause them to honestly believe they needed to use the force they did to defend themselves from an imminent attack by ‘Isi,” the judge said.

“Therefore the said kicks were nothing less than deliberate and intentional.

“I am satisfied beyond any reasonable doubt that the prosecution has proved all of the elements of the indictment.   I therefore find Penitiketo Latu and Taliai Tapueluelu guilty of causing serious bodily harm .”

Illegal radio communication ‘significant risk’ for aircraft safety, warn Tongan authorities

Tonga’s Ministry of Information and Communication (MEIDECC) as well as Police have warned that illegal operations of radio-communication system in the kingdom pose a significant risk to the safety of life in the sky.

The authorities have shared an urgent public notice this morning saying they have received reports of an illegal transmission on or near the VHF Aeronautical Aircraft Radio Station channels.

These frequency channels are critical communication channel used by aircrafts and air traffic control to ensure safe take-offs, landings, and flight navigation.

Safety Risks:

Interference with this frequency can cause confusion, miscommunication, and potentially catastrophic consequences for aircraft, their passengers, and people on the ground.

The transmission may also cause disruptions to air traffic control services, which could lead to delays, diversions, or worse.

Actions to Take:

We urge all residents and citizens of Tonga, Radiocommunication users for whole of Tonga to take the following actions to ensure their safety and the safety of those in the sky:

• Immediately cease any activities that may be causing the illegal transmission on or near the VHF Aeronautical Aircraft Radio Station channels.

• Notify the Department of Communications, Ministry of MEIDECC immediately if you suspect or have knowledge of any illegal transmission on or near the frequency.

• Remain vigilant and report any further suspicious activities or sightings of illegal transmissions to the Department of Communications, Ministry of MEIDECC.

Consequences of Non-Compliance:

Failure to comply with these instructions may result in legal action and/or penalties under the Tonga’s Civil Aviation Regulations.

Additionally, non-compliance may lead to the suspension or revocation of your license to operate any radio equipment in the country.

“We urge all residents, citizens, and radiocommunication users to take this matter seriously and comply with the instructions above to ensure the safety of life in the sky”.

Tonga wins first gold in Pacific Games

Tonga won their  first Pacific Games gold medal  in Honiara, Solomon when 16-year-old Sālote Alexis Vakasiuola overcame stiff competition from New Caledonia and Tahiti to claim her golf victory.

Sālote’s success took Tonga’s medal tally to 10 altogether with one gold, three silvers and six bronzes.

She is a student at US’s Arizona High School and she began playing golf at the age of six.

Her victory has been described as a result of a “remarkable determination over the four days of competition”.  

 “I feel great winning gold for my country in my first Pacific Games,” she told the Pacific Games News Service.

“I just want to thank the people of Tonga for all their support. I miss them so much, and I love them.”

New Caledonia’s Priscilla Gracia Lormand settled for silver, while Kirra St Laurent of Tahiti won bronze.

Team Tonga chef de mission Hiko Fungavaka, told Pacific Games media that they are confident of doing well and securing some medals at the event.

“Our goal is to secure more medals and give our best performance in the Pacific Games Sol2023. Our team comprises experienced athletes ready to compete.”

Tonga won nine gold medals at the 2019 Pacific Games in Apia, Samoa.

Man and woman accused of passport fraud appear in court in Tonga

A woman and a man have appeared in court after charges against their roles in an alleged fake passport scheme.

Tongan passports. Photo/Kaniva Tonga

Malia Musie Halaifonua ,38, and Jim Joseph Dwyer Manu Tupou, 27, both from Vainī had been accused of assisting Teau Faletau, 41, from Kolonga in providing what appeared to be a falsified passport to allow William James Purdy to travel to Fiji in March.

It is understood, Halaifonua and Tupou had recently appeared in court before a judge had postponed their trial.

In 2015 Tonga Police’s  Passport Taskforce launched a crackdown on  fraudulently issued passports.  

In 2016 four people convicted on passport forgery related offences were given jail terms.

The four were ‘Isileli Kaumavae, Sione Sosefo ‘Ahohako, Sione Kivalu Heleta and Ola Tameifuna.

In 2017, a 50-year-old man from Kolofo’ou was sentenced to five years in jail for forging passports.

The man was charged with offences including false declaration, forgery, knowingly dealing with forged documents and bribery.

“The case involved collusion with government workers and others to forge documents in support of an application for a Tongan passport for a foreign national”.

‘Please do not take matters into your own hands’ – five injured at Avondale Santa parade

Ambulance staff tend to an injured person after a Burger Fuel car swerved into a crowd at the Avondale Santa Parade. Photo: NZME / Michael Burgess

Five people were injured at the Avondale Christmas Parade today after a Burger Fuel-branded car hit two pedestrians, with three occupants of the vehicle – including two children – then assaulted by people in the crowd.

Auckland City District Commander Inspector Jacqui Whittaker said the vehicle, which was part of the parade, experienced a “mechanical malfunction” at about 11.45am and rolled slowly into two pedestrians standing in front of the stage.

The two pedestrians received moderate to serious injuries and were taken to hospital.

Whittaker said a small group of people took it upon themselves to retaliate.

“Three people – including two children – were pulled from the vehicle and assaulted.”

They received minor injuries and were treated at the scene.

NZME reporter at the scene said the crowd were jumping on the bonnet and smashing their fists on it and that Māori wardens had to hold them back.

Whittaker said police were working to identify those responsible for the assault, and were working closely with the parade organisers, and the driver of the vehicle and the company.

“We understand this was an unsettling event, where multiple people have become injured, and not the end to the parade which was wanted.”

Whittaker said police wanted to send a clear message: “Please do not take matters into your own hands.”

“As this incident demonstrates, something may not be what it seems to you at first, and others stepping in can result in unnecessary injuries and further distress.”

A spokesperson for Hata Hone St John said: “Hato Hone St John were notified of a motor vehicle incident in Avondale at 11:43 and responded three ambulances, one rapid response unit, and one manager to the scene.”

The Santa parade, the first in the area, was set down to run from 11am to 2pm.

Tough choice means Deputy Prime Minister role is shared – between Peters and Seymour

By rnz.co.nz and is republished with permission

New Zealand’s new Deputy Prime Minister is New Zealand First leader Winston Peters, with ACT leader David Seymour taking the role for the second half of the three-year term.

Photo: RNZ / Samuel Rillstone

Peters has been leader of New Zealand First since the party was formed in 1993 and was deputy prime minister within a National-led government from 1996 to 1998 and within a Labour-led government from from 2017 to 2020.

ACT leader David Seymour first stood for the party in 2005 and was first elected to Parliament in 2014, becoming ACT leader the same year.

Seymour has been a vocal opponent of Māori co-governance and promised to repeal the Zero Carbon Act if his party came into power.

Peters has promised to end policies based on race and to take a tough stance on crime.

It has been six weeks since New Zealanders voted on 14 October, with the National Party needing to work with ACT and New Zealand First to form a coalition government.

National won 48 of the 122 seats in Parliament, ACT won 11 seats and New Zealand First won eight.

As negotiations inched towards resolution over the past week, it was clear the selection of the deputy prime minister was a final hurdle to overcome.

Before the election, National Party leader Chris Luxon indicated he did not particularly want to work with Peters, but would consider a coalition with New Zealand First if necessary.

During the election campaign, Seymour said he would not work with Peters, but this month he revised his position to say it was not impossible.

Despite their fraught relationship in the past, Seymour said during the coalition talks he had bonded with Peters over a shared love of dogs.

Departing Deputy Prime Minister Carmel Sepuloni has said it is an important role.

“You are the person who stands in when the prime minister is not available, you also play an important role within your Caucus and making sure that those relationships are … unified,” Sepuloni said.

With the prime minister often busy, the deputy stood by to cover other tasks, she said.

The election results left Labour with little chance of forming a government – they won only 34 seats, while the Green Party won 15 seats and Te Pāti Māori won six.

After the Port Waikato by-election tomorrow, one more seat will be added to Parliament, taking the total to 123.

National, ACT and New Zealand First are expected to move into the Beehive over the weekend, with a swearing-in on Monday.

Luxon expects Parliament to resume on 5 December.

Judge bars media from reporting on Lavulavu couple’s $500,000 fraud retrial

A Tongan judge has reportedly ordered news media not to report on evidence presented at a retrial connected to charges of former Cabinet Ministers who had obtained money by false pretences.

‘Etuate Lavulavu (L) and Akosita Lavulavu

It is understood the retrial of Mr ‘Etuate Lavulavu and ‘Akosita Lavulavu before Justice ‘Elisapeti Langi had been on its third week last week.

There are no further details available to Kaniva  News about the judicial order.

The prohibition came in the wake of a Court of Appeal decision to dismiss an appeal by the Lavulavus to have charges against them dismissed because they constituted an abuse of process.

In summarising the background to the case, the court was told that in 2003 Lavulavu and others founded a private education institute in Tonga.

He was its president and, at all material times, his wife, ‘Akosita, was its director.

From 2013-2015 the Institute obtained grants from the Ministry of Education and Training.

The grants were later audited by the Office of the Auditor-General and irregularities were found.

It was recommended that $553,800 be reimbursed to the Ministry and that the case be referred to the police for possible further investigation.

In March 2018 the Lavulavus were charged with three counts of obtaining money by false pretences contrary to Section 164 of the Criminal Offences Act.

They were convicted after a trial before Judge Cooper.

In July 2021 they were each sentenced to six years imprisonment with the final year of Mrs Lavulavu’s sentence suspended for two years on conditions.

They remained in custody until bail was granted in September 2022.

Mr and Mrs Lavulavu successfully appealed against their convictions. On  October 10, 2022 the Court of Appeal quashed their convictions and ordered a retrial.

The Court of Appeal said there was ample evidence to support findings of apparent bias on the part of the Judge, that the trial was unfair and that the verdicts could not stand.

However, the Court was satisfied that there was sufficient evidence to support convictions on a correct application of relevant legal principles.

In November 2022 former Lord Chief Justice Whitten KC set a trial date, for May 8, 2023 if the Department of Public Prosecutions wanted  to proceed with the retrial.

Shortly before the trial date the DPP filed an amended indictment which, among other things, invoked Section 8 of the Criminal Offences Act against Mr Lavulavu, alleging that he was guilty as a party rather than as a principal offender.

Mr Lavulavu then applied to have the charges against him dismissed on the grounds of abuse of process. In consequence, the proposed trial date was cancelled.

On May 19, 2023, Lord Chief Justice Whitten dismissed Mr Lavulavu’s application. Etuate Lavulavu was given leave to appeal. His wife did not appeal.

If a new trial is to be held it is scheduled to proceed before a Judge sitting alone commencing next Monday, October 16, 2023.

In their summary of Etuate Lavulavu’s latest appeal, the judges said the appeal centred round two main questions, which were whether amending the indictment amounted to an abuse of process and whether there were any other grounds amounting to an abuse of process.

Mr Lavulavu submitted that the amended form of indictment constituted an abuse of process on several grounds, including that it amounted to a completely different charge.

However, the judges said that Lord Chief Justice Whitten had made it clear that the amendments did nothing more than give effect to the Court of Appeal’s decision, not changing the nature of the offence to be considered. The requisite element of section 164, for both Defendants in each count, of false pretences, remained unchanged.

Mr Lavulavu also raised numerous other grounds in support of his contention that there had been an abuse of process such that a fair trial could not be held.

These included complaints that there had been an unjustified delay since he was first arrested; there had been improper manipulation or misuse of evidence; that evidence had been lost or destroyed and that there had been adverse publicity in the media.

However, the judges ruled that while the delay since the arrest of Mr and Mrs Lavulavu had been significant, none of the matters raised was so significant as to preclude a fair trial or to justify the allegation of abuse of process.

“Finally, we also reject the allegation that the Lord Chief Justice’s ruling was unfair and constituted apparent bias,” the judges said in their report.

“There is nothing in the extensive materials before us to suggest that the Lord Chief Justice was unfair in any way to Mr Lavulavu or exhibited any favouritism to the prosecutors. We have found his careful and thorough ruling to be correct in law in all respects.”

The appeal was dismissed.

Catholic Brother Charles Afeaki denies 14 sex abuse charges

A former Catholic brother and school teacher has denied sexually abusing young boys between 1975 and 1977 in New Zealand.

Charles Robert Afeaki at Auckland District Court. Photo by Lawrence Smith/STUFF

Charles Robert Afeaki, 81, is accused of sexually abusing a boy at Invercargill between 1975 and 1977, and another boy at St Paul’s between 1975 and 1977.

Afeaki’s lawyer Roger Eagles told Judge Kirsten Lummis this week at the Auckland District Court his client denied the offending, and could not remember either of the complainants.

“The defendant says there are numerous aspects of the evidence of the complainants that are wrong, and unbelievable”, Stuff reported.

Charles Afeaki unsuccessfully argued his age previously, declining health and maintaining his reputation in Auckland’s Tongan community meant his name should stay secret until he faces trial.

The charges included  12 which are related to alleged offending by Afeaki against an 11-year-old pupil of his at Marist Brothers primary school in Invercargill in 1975, including sexual assaults in a classroom, behind a scout den, and on a school trip.

The others relate to a boy who was aged 12 when taught by Afeaki at St Paul’s College in central Auckland in 1979.

Afeaki has been imprisoned on two previous occasions for sexual offending. In 1994, he was labelled a hypocrite by the judge who sentenced him to eight years’ jail for offending against four boys in the late 1970s. In 2003, he was sentenced to two years in prison for offences against a fifth boy, but the court heard then that he had turned his life around.

The first complainant in this trial, told the interviewing detective: “This is going [with me] to my grave, I realise that now”.

The complainant believed he had been abused “50 times” during a year in Afeaki’s classroom, usually when he was told to stay behind after school, but also on a school camp and behind a neighbouring scout hut.

Men charge with arson after Nuku‘alofa blaze guts commercial buildings

Three men have been arrested after a fire at two business buildings at the corner of Nuku’alofa’s Uelingatoni and Lēlue Rds.

Fire damages Teta Tours and Lini Theatres businesses. Photo/Facebook

The accused were Siua Moimoi, 21, from Sia’atoutai, Siupeli Katoa,18, from Ma’ufanga, and Tevita Samita, 21 from Fanga. All three were all remanded in custody.

No one was injured in the blaze on November 12 which destroyed the Teta Tours offices as well as their adjacent property, Loni theatres.

As Kaniva News reported previously a Tonga Police and Fire investigation was underway after Police said the fire was suspicious.

It is understood the police were reviewing CCTV footage before the arrest.

The accused had been variably charged with arson, robbery and wilful damage, reports said.