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Lavulavu denies claims that quarry documents were forged; says allegations “were untrue”

By
Kalino Latu
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Ousted politician ‘Etuate Lavulavu has denied claims that documents purporting to give him permission to quarry land in Vava’u were false.

‘Etuate Lavulavu

As Kaniva News reported earlier this week, a landlord in Vava’u has denied writing and signing a letter which was submitted to the Ministry of Lands and Survey telling them he agreed to allow  Lavulavu to quarry rocks on his land.

Sione Tunufa’i Tui said his lawyer had served legal documents on ‘Etuate and his wife Akosita, who is Minister of Infrastructure.

The lawsuit came after Tui learned further quarrying activities operated on his eight acre tax allotment in Ta’anea were based on a letter he said he did not know was submitted to the Ministry of Land and Survey three years ago.

He said they agreed to lease ‘Etuate only three acres of his land but Lavulavu allegedly forged a new written agreement in which he told the Ministry of Lands Tui agreed to lease him seven acres.

Writing on the Kaniva Facebook page, Lavulavu said: “Kaniva thanks for the information but you should wait because soon the people will find out the truth and right. I hugely respect the information given to you. But they were untrue. The best thing to do is to take it to court so that it can resolve the disputes. Thanks.”

One reader commented: “Take it to court but leave the news alone. It was important for them to let the people know  about it.”

Courting controversy

‘Etuate Lavulavu is no stranger to courts, controversy or convictions.

In 2003 he was arrested by the FBI while trying to board a flight from Salt Lake City to Los Angeles. He was charged with falsifying immigration papers for Tongans to become American Citizens as part of a scam carried out with his brother. He pleaded guilty to two counts of illegal use of a birth certificate, but only had to pay costs.

In 2004 he began referring to himself as “professor” and said he had a doctorate from an American institution, which turned out to be a notorious “mail order” university which essentially sells degrees.

The Director of Education said at the time that the Ministry did not recognise his “professorship.”

In 2016 Tonga’s Supreme Court convicted him of bribery and spending over the legal limit on his 2014 election campaign.

The judge said Lavulavu was not a credible witness and that his evidence was implausible, evasive and untruthful.

As a result of his conviction he was kicked out of Parliament. His wife Akosita won the by-election in his electorate.

Last year, the Supreme Court ruled that ‘Etuate and Akosita must stand trial on three counts of obtaining money by false pretences and three counts of knowingly dealing with forged documents.

The charges arise from an investigation of the finances of the ‘Unuaki ‘O Tonga Royal Institute, a private education provider.

Akosita was the director and ‘Etuate was the president.

Joseph Parker v Junior Fa heavyweight clash postponed after Fa withdraws

By
Kaniva Staff
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This story was originally appeared on TVNZ and is republished with permission

In a massive blow for New Zealand boxing fans, the highly anticipated match-up between Junior Fa and Joseph Parker has been put off until early next year.

1 NEWS
Kiwi heavyweight boxers Joseph Parker and Junior Fa. Source: 1 NEWS

Originally scheduled for December 12, the fight is now expected to take place in either late February or early March after Fa was forced to withdraw due to medical reasons.

An abnormality in a blood test has ruled Fa out of the bout, with the 31-year-old heavyweight requiring surgery as a result of the news.

Lifting melon ban depends on how fast Tongan authorities work, NZ biosecurity boss says

By
Kalino Latu
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Lifting the ban on Tongan watermelon coming into New Zealand is in the hands of the Tongan officials, the head of New Zealand’s biosecurity service said today.

Watermelon in Tonga on sale after New Zealand ban. Photo/Supplied

“The length of the suspension will depend on how quickly Tongan authorities can investigate the situation and put measures in place to assure New Zealand that their treatment processes are working,” Biosecurity New Zealand’s Director of Animal and Plant Health, Peter Thomson, said.

Thomson told Kaniva News New Zealand authorities were working with their Tongan counterparts, but work was being done virtually because of Covid-19 related closures.

“That said, the work is progressing well,” Thomson said.

There were hopes in Tonga that the melon trade to New Zealand can be up and running again this month, but a source told us it could take a while before the ban would be lifted.

“I guess there is a huge non-compliance by Tonga in this case,” the source said.

Live fruit fly larvae were detected at the New Zealand border on a consignment of watermelons from Tonga on October 13.

A week later, Chairman of the Whole House Committee, Lord Tu’i’afitu called on the government to take action immediately, easing the burden on the nation’s watermelon growers.

Kaniva News has asked Tonga’s Minister of Agriculture whether the government had helped local watermelon growers financially. We are waiting for a response.

As we reported last  month, watermelon growers in Tonga have called on the government to help pay for their crops. Some farmers have borrowed thousands of pa’anga to grow watermelons.

Growers told us they were paid 50 percent of the price for the melons in Tonga and were told  the other 50 percent would be  paid after the melons were cleared in New Zealand for the buyers.

Jerry Prendergast from United Fresh, which represents the New Zealand produce industry, said the suspension of imports would devastate Tongan growers. He estimated the value of the outstanding imports at about $1.6-2 million.

Tonga’s two main watermelon exporters are Nishi Trading and the Tonga Farmers’ Co-operative Ltd, each of which has its own growers.

Local media have reported that the domestic price of watermelon has dropped to TP$3-5 for export quality fruit being sold by the roadside  by farmers anxious to sell their melons.

At the end of last month Minoru Nishi of Nishi Trading said 100 tonnes of watermelon meant for export had been offloaded onto the domestic market with another 400 tonnes likely to be put up for sale.

Supreme Court warns Hon. Lavulavu to follow the law, reinstates whale watching licenses

By
Philip Cass
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The Supreme Court has quashed a decision by Minister for Tourism Akosita Lavulavu to deny whale watching and swimming licenses to a group of companies.

Lord Chief Justice Whitten said the Minister’s decisions were infected by errors of law.

Hon ‘Akosita Lavulavu

The judge criticised Hon. Lavulavu’s behaviour and said citizens had legitimate expectations of natural justice and procedural fairness.

A total of six companies, Jones Business Services Ltd, Endangered Encounters Ltd, Shell Garden Ltd, Tongan Expeditions Ltd, Whales in the Wild Ltd and Diane Clarke trading as Vaka Vave all had their licenses effectively curtailed and appealed the Minister’s decision.

In February this year Hon. Lavulavu, declined each of the plaintiff’s applications for whale watching and whale swimming licences.

The whale watching industry is regulated by the Whale Watching and Swimming Act. The Act was amended in 2012, and in 2013, the Whale Watching and Swimming Regulations came into effect.

In May that year, the Ministry issued a press release saying that  licences would be valid for a three years and could be renewed upon application.

Each of the plaintiffs applied for and were issued licences. The Ministry’s cover letter for each licence advised the licence holder to submit an a notice of continued activity to the Ministry “for the next three years” in order to maintain their licence.

In July 2015, all operators were advised that all applications for licences would be administered by the Ministry of Tourism. In 2016, the plaintiffs applied to the Ministry of Tourism, with payment of the relevant fees, and were granted, renewed licences.

Each of the plaintiffs applied for renewal of their licences, paid the relevant renewal fees and were issued with renewed licences, which they received between July and September 2019. Each bore a date of issue of July 1, 2019 and an “expiry date unless renewed” of  November 30 the same year.

On receipt of their 2019 licences, the plaintiffs commenced preparations for that season. They also planned and received deposits for new and recurrent bookings for the 2020 season. On the basis of the earlier Ministry’s confirmation in 2013, and payment of their renewal fees in 2016 and 2019, the plaintiffs believed their 2019 licences were valid for a period of three years.

In February this year the Minister said the number of licences issued under the Whale Watching and Swimming Regulations 2020 would be limited to not more than seven for Tongatapu, 20 for Vava’u, 10 for Ha apai, and four for ‘Eua.

On February 27, 2020,  Hon. Lavulavu wrote to each of the plaintiffs, telling them their applications had been declined.

The businesses lodged an appeal and in correspondence with the complainants the Minister cited what she said was scientific evidence showing that their activities would interfere with the whales, the Covid-19 pandemic and Cyclone Harold.

She promised a decision would be made no later than the end of June, but in May lawyers for the plaintiffs lodged a complaint with the Ombudsman’s office challenging the validity of the Minister’s decision to decline the plaintiffs’ applications.

On June 17 the plaintiffs were granted leave to apply for judicial review of the decisions.

After reviewing submissions and evidence in the case, Lord Chief Justice Whitten said Hon. Lavulavu did not give the plaintiffs any notice that she was considering effectively cancelling their licences, the grounds for doing so and, perhaps most importantly, why she had chosen theirs over others which were renewed.

She did not give the plaintiffs any opportunity to be heard before making her decision.

“The Minister is commended to carefully bear in mind and give effect to those legal obligations if and when any future action pursuant to the Act and the Regulations might be considered in relation to the suspension or cancellation of licences,” the judge said.

The judge said the expiry dates of November 30,  2019 inserted on each of the plaintiffs’ 2019 licences were invalid.

Each of the plaintiffs’ licences issued in 2019 would continue to be valid for a period of three years from the date of their issue.

“The Minister’s decisions purporting to decline each of the plaintiffs’ whale watching and swimming licences issued in 2019 are quashed and set aside,” the judge said.

The Minister was ordered to pay the plaintiffs’ costs.

Tongatapu man sentenced for sexually assaulting woman who was sleeping next to her husband

By
Kaniva Staff
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A man who broke into a Houmakelikao house and sexually assaulted a woman as she slept next to her husband has been given a three year jail terms.

Tongamoa Kakau, 32, served only six months of his three-year sentence after Judge Langi suspended two years for three years after his release.

Because the prisoner has no relevant or recent criminal conviction since he was convicted in 2004 for the offence of assault, Judge Langi deducted six months, leaving a total sentence of two years and six months.

Kakau was found guilty of one count of serious indecent assault contrary to section 124 (1) and (3) of the Criminal Offences Act.

In sentencing Kakau, Judge Langi said: “I take the fact that the accused is not remorseful and maintains his innocence and putting the witness through the trauma of having to give evidence as serious aggravating factors.”

The complainant and her husband were inside their bedroom sleeping in September 2019.

Between the hours of 3 – 4.00am, the victim woke up when she felt someone kissing her on the mouth and touching her vagina.

“At first, she thought it was her husband but upon closer inspection she realized that it was someone else. She yelled out her husband’s name and the accused got up and ran out of the bedroom.”

The victim told a probation officer that she had been emotionally affected by the ordeal and that a few weeks following the offending, she was furious with the defendant.

“Over time her anger was replaced with the feeling of embarrassment and humiliation over what had happened to her.”

“Despite this, she told the report writer that she has moved on with her life and relocating to a different island has had a positive impact in putting everything behind her and moving on with her life.

“She stated that a few days after the offending the defendant’s mother and sister came to see her and apologized to her and gifted her with $400. The accused did not go with them because he was still remanded in custody.”

The prisoner had later approached her and asked her to have the charges withdrawn so that he would be able to go overseas on the Fruit Picking Scheme.

Judge Langi said the prisoner was a reliable and hardworking young man who is currently responsible for taking care of his parents and siblings and his adopted daughter.

“He has however, found himself in an unfortunate situation caused by his own decision to go on a drinking spree that resulted in him committing something he would not have done if he had been sober.”

Landlord sues Infrastructure Minister and husband ‘Etuate Lavulavu over allegedly forged letter to Lands Ministry claiming he agreed to allow ‘Etuate quarrying his land

By
Kalino Latu
-

A landlord in Vava’u has vehemently denied writing and signing a letter which was submitted to the Ministry of Lands and Survey telling them he agreed to allow ousted Cabinet Minister ‘Etuate Lavulavu to quarry rocks on his land.

Hon. ‘Akosita and her husband ‘Etuate Lavulavu

Sione Tunufa’i Tui said his lawyer had served legal documents on Minister of Infrastructure ‘Akosita Lavulavu and her husband ‘Etuate.

The lawsuit came after Tui learned further quarrying activities operated on seven acres of his eight acre tax allotment in Ta’anea were based on a letter he said he did not know was submitted to the Ministry of Lands and Survey three years ago.

Tui said they only agreed for ‘Etuate to lease only three acres of his land.

The letter was written on September 5, 2017 to the Ministry  telling the authority Tui had agreed to alter the lease purpose from business to quarrying.

The letter, which was written in Tongan, also claimed the reason Tui agreed to the lease was to facilitate ‘Etuate’s agreement with the Ministry of Infrastructure to provide quarrying activities.

“Not only that but also I agree to allow ‘Etuate Lavulavu and his Inter Pacific company to operate the tax allotment for quarry purpose and to sell it for profit,” the letter read.

A copy of the letter, seen by Kaniva News, was purportedly showed Tui’s signature.

Tui denial

Tui told Kaniva News in an exclusive interview this afternoon he knew nothing about the letter.

He said the first time he knew about it was when he was handed a copy by a staff member at the Ministry of Lands and Survey after he made inquiries.

“I decided to use the law to resolve our problems and this was just the beginning,” Tui said.

He said he had also taken legal action against Hon. ‘Akosita because Etuate allegedly subleased the tax allotoment to her.

In another letter seen by Kaniva News, Tui wrote to the Minstry of Lands on  January 27, 2020 and told its CEO he wanted to cancel the lease in question.

“The letter of September 5, 2017, which purported to show it was written by me was not mine. That was not my signature. And I haven’t seen any paper work like that before,” the letter read.

“We never talked about leasing and for a payemnt of $1500 per year. They were all made up by ‘Etuate Lavulavu,” Tui claimed.

Tui told the Ministry the signature he used to sign his letter of 27 January 2020 was his real signature which was totally different from the signature appeared on the letter apparently submitted to the Ministry dated on September 5, 2017.

‘Etuate’s response

‘Etuate, the People’s Party Deputy Chairman – the Party in which the Prime Minister was a founding member –  told Kaniva News Tui signed the letter and there were people who could bear witness to it.

He claimed Tui’s signature varied whenever he signed.

He claimed he did not forge the letter or falsify any documents.

‘Etuate also alleged some opposition politicians were behind Tui and wanted to defame him.

As Kaniva News reported last week, ‘Etuate came under the spotlight after Prime Minister Tu’i’onetoa revealed Inter Pacific Ltd was one of the three contractors the government awarded with contracts to supply rocks for the government’s new multimillion road project.

‘Etuate was made a Director of Inter-Pacific Limited in February 2016, but was replaced  by ‘Inoke Finau Vala in May this year.

In 2016 Tonga’s Supreme Court convicted ‘Etuate of bribery and spending over the legal limit on his 2014 election campaign.

The judge said Lavulavu was not a credible witness and that his evidence was implausible, evasive and untruthful.

Last year, the Supreme Court also ruled that ‘Etuate and Akosita must jointly stand trial on three counts of obtaining money by false pretences and three counts of knowingly dealing with forged documents.

The charges arise from an investigation of the finances of the ‘Unuaki ‘O Tonga Royal Institute, a private education provider.

Akosita was the director and ‘Etuate was the president.

Tonga gov’t 3-day quarantine of “All international Cargo” stirs online debate

By
Kalino Latu
-

A decision by the Tu’i’onetoa government to quarantine all international cargo which arrived in the kingdom has fuelled a debate among Tongans on social media.

The sudden restrictions came into effect yesterday November 16.

Shipping containers at Queen Sālote Wharf. Photo/Kalino Lātū

“3 Days Quarantine of International Cargo unloaded at Queen Salote International Wharf and Halaevalu international wharf,” a press release by the Minister of Infrastructure said.

It said all international cargo arriving in Tongatapu and Vava’u “must be quarantined for three days before releasing to agencies.”

Since there was no further information by the government to explain why the decision was made, online users took to Facebook to share their concerns.

“Don’t know why they do it. If there will be any virus coming with the cargo they will automatically be cleared while the ship was at sea,” a commenter said.

Critics of the decision said they were concerned about the safety and security of their goods sent to their family while they would be controlled at the wharf during this three-day quarantine.

“Why now?” another commenter said implying the government should have done it before and while New Zealand went into lockdown.

Some commenters believed the government made the decision after China has claimed yesterday it’s found Covid-19 on food products imported from New Zealand.

Prime Minister Jacinda Ardern has rejected the claim.

Experts said the virus can survive within refrigerated environments and can live for a time on surfaces outside the human body.

China has reported instances of the coronavirus being detected on the packaging of imported frozen seafood.

“In July China claimed that it had detected the virus in the outer packaging of frozen shrimp from Ecuador, as well as the container walls housing the seafood. However, subsequent tests cleared the food itself of carrying the virus.”

‘Eua man jailed after rock hammer attack on wife

By
Kaniva Staff
-

The man who hit her wife with a rock hammer wounding her forehead and back of her head has been sent to jail for  three years.

Judge Laki Niu has suspended the last  two years of his jail terms from the date of his release on the conditions that he committed no offence punishable with imprisonment for three years.

Toio Lauteau, 43, was found guilty of causing serious bodily harm to his wife on 7 May 2018 at their home at ‘Ohonua, of which he was convicted on 15 September 2020 after a two-day trial at Nuku’alofa Supreme Court.

Lauteau denied causing the injuries to his wife at all. His wife has also claimed that her husband did not cause the injuries that she sustained.

“You would maintain that she had fallen and cut her forehead on the corner of the table and had cut the back of her head on the corner of the walls of the hall way and the lounge,” Judge Niu said.

Mr Niu however did not buy it.

He said three things proved that Lauteau caused the injuries to his wife:

“When your wife arrived at the hospital at ‘Eua, she was covered in blood and she had facial swelling and back of the head swelling and two cuts – one “L” cut on the right side of the forehead and a lineal cut on the back of the head.

“She told the doctor that you had hit her with a rock hammer and caused those injuries. She also told the police officer, Viliami ‘Arnone, the same thing and he wrote her statement and she signed it as the truth.

“The doctor required that she see the rock hammer herself to decide whether or not to require your wife to be sent to Vaiola Hospital for Xray of her skull to ensure there was no cranial fracture or indentation or haemorrhage. She inspected the rock hammer, and she was positive that the two cuts to your wife’s forehead and back of the head were caused by the rock hammer. (c) The doctor herself observed that your wife looked scared and shocked.

“I am sure she was scared for her life and that is consistent with her description in her statement which Viliami ‘Arnone wrote down of what you had done to her, namely, hitting her on her forehead and on the back of her head with the rock hammer.”

Lauteau’s counsel Sione Taione said there was big change in his client’s life when he gave up drinking.

“You have now shown maturity and responsibility and respectability, and you have become a good member of the church, abstaining from tobacco, alcohol and drugs. He accordingly submits that it would be appropriate that the imprisonment sentence to be imposed on you be fully suspended.”

Reserve Bank warns Tongans to stay away from pyramid scheme after people lose thousands of pa’anga in fraud

By
Kalino Latu
-

The National Reserve Bank of Tonga has warned people to stay away from a pyramid scheme that has cost its victims thousands of pa’anga.

The alert came as the New Zealand Financial Management Authority warned there had been a rash of scams riding on the back of the Covid-19 pandemic around the world.

Kaniva News understands that an initial group of eight people became involved in the scheme which lured them into paying hundreds of dollars with promises they would to make hundreds of thousands in return.

A Tongan accountant told Kaniva News some people had lost thousands of pa’anga.

The Reserve Bank said  people should not take part in what it said was a pyramid scheme.

It said if people took part they did so at their own risk.

People have complained online that they had fallen into a trap and lost money.

However, not everybody was sympathetic, with some saying those who were defrauded should have known better.

The Reserve Bank said various unlicensed investment schemes were being introduced around the country.

“A pyramid scheme is an unsustainable business model that involves promising participants payment, services, or commissions, primarily for enrolling other people into the scheme or training them to take part,” the Bank said.

It said pyramid schemes promised profits which depended entirely on the number of participants or the size of their contributions.

Pyramid schemes were illegal. Anybody running such a scheme was liable to a fine of up to $TP1 million or 30 years in jail or both.

Global fraud

The New Zealand Financial Management Authority said today authorities around the world had warned about a rise in frauds.

It said scams included money transfer fraud, fake investment schemes, often involving crypto-currencies, fake websites, callers pretending to be from official bodies, including the World Health Organisation and phishing schemes

The NZFMA said it had issued 38% more warnings about scams than this time last year.

In June Kaniva News reported on the case of a Tongan woman in New Zealand who lost NZ$5300 in a crypto-currency scam after being lured into it by a friend.

The NZFMA said scammers often took advantage of people’s desire to achieve financial goals such as owning a home, promising to help them ‘get rich quick’ with little or no risk of losing their money.

It said Pacific communities in New Zealand were more at-risk from investment scams.

“Scammers often take advantage of close-knit community groups such as churches, convincing one member who then helps them convince others in the group,” the FMA said.

Samoa

There have been reports of fraud in Fiji and in August Samoa’s Ministry of Commerce, Industry and Labour issued a warning against illegal pyramid schemes or “get rich quick” scams.

The Ministry’s Chief Executive Officer, Pulotu Lyndon Chu Ling, said pyramid schemes were prohibited.

“Such pyramid schemes are illegal and get rich quick scams that may cost our friends and family their hard earned tala,” he said.

 

 

Seasonal workers who leave legal employment unlikely to get back in, new report says, as rogue recruiters use lies and deception to lure workers away

By
Philip Cass
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Pacific Islanders workings in Australia under the Seasonal Workers Programme are unlikely to get  another work visa if they leave their legally approved job.

Australian National University researcher Rochelle Bailey said leaving an employer was a breach of an SWP worker’s employment contract and visa conditions.

And she warned that illegal recruiters were lying to workers and misleading workers in an attempt to lure them way from their legal work employment.

Her comments follow a rise in workers absconding from their jobs in recent months.

Tonga has supplied almost half the SWP’s workers since it began in 2008.

According to Australian statistics, two thirds of SWP visas granted to Tongans were to return workers. Return workers are invited back because employees regard them as more productive.

Because of border closures caused  by the Covid-19 pandemic, thousands of SWP workers have been trapped in Australia for months.

While many have been able to keep working, many face severely reduced hours and incomes.

Bailey said some workers were facing financial pressures because they were working as few as 10 hours a week, but still had to pay for deductions and wanted to send money home.

She said Australian farms were short of 26,000 workers as the harvesting season began. As Kaniva News reported yesterday this has led to calls from growers’ organisations for the government to allow more regional workers to be allowed to work.

However, it has also led to a situation where rogue operators were trying to lure legally approved workers away.

These labour hire contractors were not Approved Employers under the SWP.

“Being offered increased hours in a much warmer climate such as Queensland is appealing,” Bailey said.

However, workers were not told about Covid-19 border restrictions and quarantine, or that leaving an employer is a breach of an SWP worker’s employment contract and visa conditions.

“Workers lured by rogue labour hire operators are not covered by the same protections that they are entitled to through an SWP Approved Employer. Employers operating outside the SWP do not have the same level of responsibilities and are not under the same scrutiny. “

Bailey said there had been a significant increase in the amount of misinformation given to workers about their employment and visa conditions, such as who they can work for, taxation information etc.

She acknowledged that some of this advice was given by well-meaning community members who did not understand the terms and conditions of the SWP and visa restrictions.

Workers who had let their visas lapse would follow any work opportunities they heard of, especially if they could be employed under the radar and undocumented.

Slaves

An earlier investigation into worker exploitation by Australia’s workplace watchdog found some foreign workers on Australian farms were “bonded like slaves” to unscrupulous labour hire contractors.

The Fair Work Ombudsman’s Harvest Trail Inquiry reported that some workers were told they would not have their visa extension signed unless they see out the season with them.

It also found cases of workers being taken to their accommodation via ATMs and asked to provide money in advance for bond, transport and accommodation costs.

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