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Fasting tour scandal: PM is more dangerous than virus claims Moala; Tu’i’onetoa describes critics as wife beaters

By
Kalino Latu
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Tongan Prime Minister Pōhiva Tu’i’onetoa is more dangerous than Covid-19, veteran publisher Kalafi Moala has claimed.

He went on to say the Prime Minister’s state of mind showed he was self-important.

Veteran Publisher Kalafi Moala; MP Māteni Tapueluelu; PM Pōhiva Tu’i’onetoa

Moala’s comments are part of the  storm of comment and accusations that have flown back and forth since he attacked the Government’s prayer and fasting tours as a waste of time and money.

It has also been reported that Hon. Tu’i’onetoa believes Tonga has been kept free from the global pandemic because of fasting.

The Prime Minister appears to have been particularly incensed by claims that the tours have cost TP$100,000 each and questions about whether wives who accompanied Cabinet members on tour were paid travel allowances.

In a startling accusation, the Prime Minister has labelled critics and opponents of his government as wife beaters.

Without naming anybody, he said some of his critics had beaten their wives until they suffered a miscarriage.

He claimed that one in four women were abused and that number doubled after the lockdown restrictions.

“It appears that your accusations reflect the fact you agreed to support abuse and violence against mothers and women by violating them,” Hon. Tu’i’onetoa said in Tongan.

“No wonder why these critics are doing this because most either had marriage break-ups or were wife beaters.

“I appeal to you leaders of the country and those of you who regarded themselves as leaders and people trusted you to take your wives with you during the government tour. Stop looking down at them.

“Stop beating your wives otherwise they will miscarry their baby and you will be sued and you might end up being imprisoned.”

Ministers’ wives pay

He said the pay per diem for a Minister’s wife if they went on tour was TP $95.

“You cannot buy peanuts with that money,” he said.

“It can only be used to reward dancers during ceremonies to celebrate construction of new wharves or building of new women’s weaving houses. If we offered to do a dance during that ceremony it’s my own money and handicrafts I used to pay for the expenses.”

However, the Prime Minister has not denied the basic thrust of the allegations about the tour.

Instead he downplayed the accusations, which were first raised by Opposition MP and former Minister of Police Mateni Tapueluelu.

The Minister of Finance was not allowed by the Prime Minister to answer queries in Parliament about the traveling allowance allegations.

The Minister of MEIDECC said he travelled with his wife and she was not paid.

The House was told the Acting Minister of Law, who is also the Minister of Labour and Economic Development, Samiu Vaipulu, would answer MP’s queries regarding the accusation.

Kaniva News has asked Hon. Vaipulu whether the leaked information was true or not. He did not deny it. Instead he said he had no wife therefore he did not know who made the payments.

In Tongan he said: “‘Oku ikai haku hoa keu ilo pe ko hai naane totongi.”

Personal attacks

The Prime Minister also  launched a series of personal attacks on Moala.

Moala denied personally attacking the Prime Minister in a way that might lead him to respond so personally.

Moala described the Prime Minister’s attacks as disparaging and pointless.

He said the Prime Minister did not like to be criticised and this was why he made personal attacks.

He alleged Tu’i’onetoa relied heavily on ousted Cabinet Minister ‘Etuate Lavulavu on ideas of how to run the government.

Moala also warned the Prime Minister that his attack on journalists would not deter them from working to expose government misdeeds and raising questions about issues like Lulutai airlines.

The main points

  • Tongan Prime Minister Pohiva Tu’i’onetoa is more dangerous than Covid-19, veteran publisher Kalafi Moala has claimed.
  • In a startling accusation, the Prime Minister has labelled critics and opponents of his government as wife beaters.

Don’t resist the government and churches warns PM as critics say fasting and prayer tours are just an excuse to collect free gifts

By
Kalino Latu
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Tongan Prime Minister Pohiva Tu’i’onetoa has warned critics of his government’s prayer and fasting tours not to resist “religion and the government.”

PM Pōhiva Tu’i’onetoa. Photo/Kalino Lātū

The Prime Minister and Cabinet have travelled around the kingdom promoting fasting , but opponents of the government say the real purpose of this initiative is to allow the Cabinet and government staff to receive travelling allowances and collect gifts such as yams, fish and valuable Tongan handicrafts such as fine mats and ngatu from the people in the outer islands.

This is normal practice in welcoming ceremonies of any tour by the government from main island Tongatapu.

The government has been attacked online, with many deeming it hypocritical and pharisaical and claiming the tours were a cover for other activity. The tours have also been criticised as really being a political campaign by the government’s People’s Party because of next year’s general election.

“This government is lucky they collected money and handicrafts,” one critic said.

Another said this was the only Tongan government to have amassed such a large collection of cultural items.

Hon. Tu’i’onetoa believes Tonga has no cases of Covid-19 because of the fasting.

The Government’s fasting and prayer tours have not come without a price.

The visit to ‘Eua, which ran from October 10 -11 is estimated to have cost TP$100,000. Tongatapu no. 1 MP Siaosi Pohiva said the visit to ‘Eua was a “waste of money”.

It is understood that about TP$100,000 was also spent on a tour to Ha’apai on November 14-15.

Parliament had to close while Cabinet toured the outer islands.

Other tours are scheduled for Vava’u, Tongatapu and the Niuas over the next three months. Cabinet will be in Vava‘u for fasting and praying on December 5-6.

In the New Year there will be fasting and praying in Tongatapu from January 18-19 and in the Niuas from February 8-9.

The Prime Minister justified his fasting policy in Parliament. Speaking in Tongan he said:

“There are many people on Facebook who have made fun of the government’s national fasting and prayer initiative. One of the things the government used to protect us from Covid-19, was to pray and fast every month.

“Some people took it lightly and some regarded it as fake prayer. Some people of the nation said it was mischievous and made comments which were discouraging and bad.

“These will cause people to be more disobedient against government’s decisions and I am asking you please do not do that as it did not contribute any good to our preparedness to fight against this global disaster and the way we do to protect Covid-19 from entering Tonga.

“Please do not resist religion and the government together with the churches here in Tonga in our fasting policy as I believe that is not prudent.”

The government organised a national fast and day of prayer backed by the Wesleyan and Catholic churches in April.

Fasting

There appears to be no agreement on what effect fasting has on the immune system. Recent studies have shown contradictory results depending on what type of fast is used and for how long.

Studies have been based on experiments on animals, including mice, with one Sydney-based researcher saying there wasn’t “any scientific evidence to justify” one type of fasting over another and that in any case it was hard to apply the results of animal tests to humans.

Studies at Yale University have shown that fasting induces different responses to bacterial and viral infections, while work in the UK has argued that results are dependent on what type of fast is used.

In Muslim countries, where the faithful are expected to fast between sunrise and sunset during the months of Ramadan, illness has long been accepted a reason not to fast.

Members of Tokaikolo break away group attended memorial services for Rev. Saulala and paid tribute to him, says son

By
Kalino Latu
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Former members of the Tokaikolo Church who split from the body and set up their own congregation, attended memorial services for the late Rev. Dr Liufau Vailea Saulala, Kaniva News has learned.

Dr Saulala, who founded the Tokaikolo church, was a controversial figure whose teachings and behaviour have been blamed for several groups leaving his congregation.

However his son Sangstar, a former MP and Cabinet Minister, said his father was “a silent person” who tolerated any criticism against him.

He said after his death members of the Mo’ui Fo’ou ‘Ia Kalaisi Fellowship, which split from the Tokaikolo Church over Liufau’s leadership, paid tribute to him.

Some of them attended the funeral sermons and prayer services at the church’s Lavengamalie college and shared their memories and stories about Liufau.

“These people were tearful and remembered how Liufau helped them and their living,” Sangstar said.

He said other churches and schools had asked for a time for them to perform prayer services.

Sangstar said his father’s body would be buried in Auckland this week. It was hoped the church’s  General Secretary could come from Australia for the funeral.

Rev. Saulala left Tonga just before the border closed due to the Covid-19 pandemic in March this year. He died in Middlemore Hospital.

Rev. Saulala died just  before Lavengamalie college was to celebrate its 40th anniversary. The school was founded on February 6, 1980.

Sangstar said former students of Lavengamalie in New Zealand would celebrate the school’s anniversary this Sunday, December 29.

Former students in Tonga will celebrate it on February 6 next year.

Christ’s University, which Rev. Saulala founded in 2004, has issued a tribute mourning his death.

The university was accredited by the Tonga National Qualification Accreditation Board in 2018.

Rev. Saulala is survived by five sons and one daughter and several adopted children.  His wife, Falamoni Naitoko Saulala, died last year.

OBITUARY: Tokaikolo church leader dogged by questions over finances, miracle pills and departures from doctrine will be buried in Auckland

By
Kalino Latu
-

Kaniva News obituary

The president of the Tokaikolo Church, the Reverend Dr Liufau Vailea Saulala, who died on Thursday will be buried in Auckland.

President Rev Liufau Vailea Saulala. Photo/Cathnews

Rev. Saulala’s son Sangstar, a former MP and Cabinet Minister, said vigils and prayer services by the family would start today at the Nasaleti Church in Mangere, South Auckland. The church was expected to begin theirs later this week.

In Tonga a prayer service organised to begin the celebration of Lavengamālie College’s 40th anniversary was held as part of President Liufau’s funeral services, Sangstar told Kaniva News.

Former students of the College were expected to celebrate the school’s 40th anniversary this week, but this has been postponed because of the funeral.

Sangstar said ex-students in New Zealand will celebrate the school’s anniversary on December 29 while ex-students in Tonga will celebrate it next year on February 6, the day the school was established in 1980.

The president is survived by five sons and one daughter, and several adopted children.  His wife, Falamoni Naitoko Saulala passed away just over a year ago.

Controversial 

Rev. Saulala was a controversial figure whose behaviour drove many members away from the church. Serious questions were raised about his financial management, what was said to be his departure from the church’s original principles and even accusations of heresy.

The origins of the Tokaikolo Church go back to 1965 when the Scripture Union, an interdenominational evangelical Christian movement started working in Tonga. Between 1965 and 1970 the movement spread to many schools both in Nuku’alofa and beyond.

In 1970 the Rev. Senituli Koloi was appointed Chairman of the Union. Rev. Koloi distinguished himself by his piety, his diligence and his teaching and leadership abilities. He obtained a diploma in theology from the Pacific Theological College in Suva in 1968. In 1970 he was ordained.

In 1978, at the request of the New Zealand branch of the Scripture Union he established a new Bible College in Auckland. Senituli Koloi was the first principal of the college which he named “Tokaikolo Bible College.”

Koloi criticised the Wesleyan Church and condemned lavish feasting, annual donations (misinale) and the assumption by ministers and others of a higher status than ordinary people:

In September 1978 Koloi resigned from the Free Wesleyan Church and the following year gathered thousands of followers around what was named “The Tokaikolo Fellowship in Christ” or “Feohi’anga Tokaikolo ‘ia Kalaisi”.

Koloi died in February 1980, a week after the Tokaikolo Fellowship opened Lavengamalie College.

The rise of Dr Saulala

The principal eulogy and sermon at Koloi’s funeral were delivered by Dr Saulala who told the congregation that Koloi had told him in 1978 that God had revealed to him that Dr Saulala was to be his successor.

Koloi’s widow Luseane, her family and several others did not accept Dr Saulala’s assumption of the leadership and left.

The Tokaikolo Fellowship developed into a fully-fledged Church. The first ordained minister was Dr Saulala and further ordinations of ministers and deacons followed. Annual conventions were held, new organisations within the fellowship were established: youth groups, Sunday schools and a women’s group. A radio programme was launched in 1989, an evangelism office was opened in 1990 and a newspaper, Ofa Ki Tonga, began publication in 1991. In 1993 the Mother of the Year programme was launched, the first winner being Late Queen Halaevalu Mata’aho.

In 2018 the church established the Christ’s University which has a variety of courses available and currently caters to around 50 students with the aim of accommodating around 200. Degrees in computer science, education, theology and business management are being offered with law courses expected to be added the following year.

At the Fellowship’s 1994 annual convention in Sydney Dr Saulala was given the title of President.

During the next few years several branches of Tokaikolo Church were established overseas, including in New Zealand, Australia, California and Hawai’i.

Break away

Over the years several groups of members and clergy broke away from the church. Some of the members disliked the way Dr Saulala led the church, while others disliked the direction in which he led it. Many felt he led the church away from Koloi’s original positions, sanctioning feasting, extravagant celebrations, expensive gifts and increasing deferment to Nobles and the royal family.

It was claimed that in November 2004 Dr Saulala gave a cash gift of TP$100,000 to King Taufa’ahau Tupou IV when he visited Lavengamalie.

The church’s 2004 constitution gave Dr Saulala the right to make investments of up to TP$1 million.

The church launched a number of business adventures, including the purchase of a TP$700,000 fishing boat, but none of them prospered. By October 2007 the church owed just under TP$1.5 million in bank loans.

In October 2006 Dr Saulala spoke to a meeting of the Tokaikolo Church in Auckland in which he made a series of extravagant claims about the church’s financial position, mystery Chinese investors and the miracles supposedly being worked by a New Zealander called David Hobbs, who was described as “an international financier.”

In fact the Australian Securities and Investments Commission found Hobbs to have contravened numerous provisions of the Corporations Act 2001 by carrying on a financial services business without a licence and by engaging in misleading and deceptive conduct.

There was also deep disquiet over schemes involving pills that were supposed to cure every illness and a holy water dispenser that members were pressured into buying for TP$3980 a time.

Doctrine

Dr Saulala then caused even greater controversy by declaring a new doctrine that salvation was household based and that as long as the parents converted everybody in the house had converted. This was seen by some as being heretical and flying on the face of Luther’s declaration of justification by faith alone.

More departures and controversies were to follow, with court cases to resolve disputes over the ownership of churches in Halaano and Ha’ateiho, Tongatapu which were occupied and used by the Mo’ui Fo’ou ‘ia Kaiaisi Fellowship. The cases ended with the supreme Court awarding the churches to the Tokaikolo Church.

Nobles sue Tonga sports Council head for defamation over article on Games funding

By
Kalino Latu
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Two of Tonga’s most senior Nobles will return to court on December 3 for the  next stage of a case for defamation brought against the Chairman of the Tonga Sports Council, ‘Ikani Taliai.

(L-R) Lord Sevele, Lord Tupou and ‘Ikani Taliai

Lord Tupou and Lord Sevele are suing Taliai in the Nuku’alofa Magistrate’s Court over allegations of that they misused TP$400 million in sports funding.

The first court hearing was held on Thursday, November 19.

Veteran Tongan journalist Kalafi Moala reported that the Nobles claimed they were defamed in an article Taliai wrote and posted on Facebook. The article has been widely copied.

The article centres on the controversy surrounding TASANOC and the decision to cancel the Pacific Games.

Lord Sevele and Lord Tupou had both been President and Vice President of TASANOC at various times.

The then Prime Minister, ‘Akilisi Pohiva, wanted TASANOC dissolved and replaced by the Tonga Sports Council.

A contract to host the 2019 Pacific Games was signed in October 2012 by the then Prime Minister, Lord Tu’ivakano, the Pacific Games Council and the Tonga Pacific Games Association.

Hon. Pohiva cancelled the games, claiming Tonga could not afford them. This contradicted previous government statements that constructing of Games venues and facilities would boost the economy.

The Pacific Games Council sued the Pohiva  Government for breach of contract. TASANOC also launched legal proceedings for the recovery of money spent on preparing for the Games.

The legal action is  based on a contention that that the government was contractually obliged to provide the Pacific Game Organizing Committee (PGOC) funding for organizing and holding the Games, which had been estimated at TP$400 million.

A further claim was made that the PGOC should have been incorporated as a company so that the putative TP$400 million would have been vested in the company rather than its membership.

However, by  being incorporated as a charitable trust, the hypothetical TP$400 million in costs for funding the Pacific Games was vested in a Board.

Tokaikolo Church President dies

By
Kalino Latu
-

The president of the Tokaikolo Church, the Reverend Liufau Vailea Saulala, has died in Auckland, New Zealand.

Rev Liufau Vailea Saulala

The Reverend Saulala’s death occurred at a hospital on Thursday 19, his son former MP Sangstar Saulala told Kaniva News.

He was 75.

Sangstar said one of the president’s favourite verses from the Holy Bible was Mathew 6:33 which says: “But seek first his kingdom and his righteousness, and all these things will be given to you as well.”

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

By
Kalino Latu
-

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
-

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.

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