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Tongan seasonal workers doing essential jobs qualify for help under NZ emergency package

By
Kalino Latu and Philip Cass
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Tongan workers in New Zealand on Recognised Seasonal Employer scheme contracts are covered for medical costs and sick leave under New Zealand’s Essential Services package.

Under their own compulsory insurance, the workers costs for doctors’ visits and medicine are covered but the government will pay for sick leave and self-isolation if caused by the coronavirus.

Just over 1700 Tongan seasonal workers are employed in horticulture throughout New Zealand and are required to work during the nationwide shutdown.

Sefita Hao’uli, the Tongan RSE Liaison Officer in New Zealand told Kaniva news that the workers will be in just over 50 jobsites in both the North and the South Islands.

Hao’uli said RSE employees who were regarded as doing essential work automatically qualified for the NZ$585 employment benefit if they are unable to work through illness or if work is unavailable.  

“But there is no shortage of work for us at present.  Almost everyone is fully employed and there’s a lot of overtime in some of our busier pack-houses”, he said.

He said that the RSE workers are aware of the need to contribute to essential services and to protect food supply for the country while other workers are asked to stay at home.

“We have explained and our workers know that it is in everyone’s benefit to help control the spread of the virus by staying at home but we must also ensure that there’s food available at the supermarket for everyone”, he said

The government’s package comes on top of the increase in the minimum wage of $18.90 an hour before tax which came into effect this week.  

The measure will give workers on the minimum wage around $50 more per week before tax.

If an RSE worker became sick during the Covid-19 alerts he was entitled to 14 days sick leave, something, according to New Zealand laws, which could only be offered if an employee had been working in New Zealand for a year.

RSE workers normally worked less than a year, so they were not previously entitled to it. 

Hao’uli said he had been contacting employers since the lockdown to make sure the employees were safe and had access to all the benefits to which they were entitled.

Some employers who had many employees living on their farms had rented more accommodation to make sure there was space and good ventilation for the employees, he said. 

Prime Minister Pohiva Tu’i’onetoa told Kaniva news late today he had been told by the Minister of Internal Affairs that arrangements had been made with the New Zealand High Commissioner in Tonga regarding Tongan RSE workers in New Zealand.

Immigration Ministry

The New Zealand Government’s epidemic management notice relating to immigration comes into effect tomorrow (April 2) 2020.

Immigration New Zealand said it was  contacting all RSE employers whose workers hold visas that expired on or before 1 April. RSE employers were being asked to submit the names of these workers to indicate they require a renewed visa.

During the Level 4 Alert period RSE workers were only permitted to do essential work, Immigration New Zealand said.

If an RSE worker currently in New Zealand was required to isolate themselves for 14 days during their time here, their employer must make appropriate accommodation and pastoral care facilities available for them.

Costs incurred during any self-isolation period, including accommodation and living costs, were the responsibility of the worker themselves, as during the normal course of employment.

While RSE workers were eligible for the sick-leave scheme, employers were  required to apply for the subsidy on behalf of workers.

Workers who received government funding if they fell sick or had to isolate themselves would still need to pay for their food and accommodation during this time.

Under existing medical insurance, RSE workers were entitled to receive medical treatment for any presenting conditions, including COVID-19.

Translations

The Ministry of Pacific Peoples has published translations of key information about the Covid-19 crisis by Tongan community leaders.

These include videos and key documents. The link to the translations can be found below.

The main points

  • Tongan workers in New Zealand on Recognised Seasonal Employment contracts are covered  by New Zealand’s Essential Services package.
  • Sefita Hao’uli, the Tongan RSE Liaison Officer in New Zealand told Kaniva news this meant workers were still working in the farms while the country was in lock down.
  • Hao’uli said RSE employees who were regarded as doing essential work they automatically qualified for the  $585 employment benefit for those unable to work.

COVID-19 operation: Four arrested with illicit drugs

By
Kalino Latu
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A total of 639.68 grams of cannabis was seized by Police and His Majesty’s Armed Forces on Monday 30 March 2020.

While enforcing the National Lockdown Order, Police Officers and officers from His Majesty’s Armed Forces seized illicit drugs from a rental car and arrested three men that they stopped at a Lockdown Checkpoint in Poutaha, Tofoa last Monday afternoon.

The three men, all from Tofoa aged 28 and 23, were arrested with 128 packs of cannabis (165.37 grams) ready for distribution. Drug utensils were also seized.

Following the arrests, the Police Drug Enforcement Taskforce, together with the Tactical Response Group (TRG) and Detector Dog Unit, searched the accused’s residence in Tofoa, resulting in the arrest of a female with 474.31 grams of cannabis and cash.

Since the commencement of Police Operation COVID19 on Saturday 28 of March 2020, police have arrested 81 people, 41 in relation to the breach of curfew with other related criminal activities including the four arrested for possession of illicit drugs.

“Police will continue to target those who think to profit through the supply and distribution of illicit drugs at the expense of vulnerable people in our community, especially during this National Lockdown period,” said A/Deputy Commissioner Tevita Vailea.

If you see anything suspicious or have any information about any drug related activities in your community please contact 22784, Police said.

All 4 accused persons are in police custody.

Watch live: 61 new cases of Covid-19 in New Zealand

By
Kaniva Staff
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This article is published with permission under Kaniva Tonga partnership with Radio New Zealand.

The total number of cases of Covid-19 in New Zealand has risen to 708, with 61 confirmed and probable cases in the past 24 hours, the Health Ministry has confirmed.

Health Ministry Director of Public Health Dr Caroline McElnay said there have been 47 new confirmed cases and 14 new probable cases.

Fourteen people are in hospital – two are in intensive care but are stable. 82 people have now recovered from the coronavirus.

Watch the media conference live here:

Dr McElnay also said a new case definition will be issued today as a guide for clinical practitioners.

It says those with respiratory illness consistent with Covid-19 should be considered for testing, regardless of travel history or contact with a confirmed case.

She said there was still a strong link to overseas travel and links to confirmed cases. Community transmission is about 1 percent.

Labs for testing are increasing from eight to 10 and will be in place by the end of next week.

Civil Defence director Sarah Stuart-Black said 57 people were moved yesterday from managed isolation in Auckland through Wellington to Christchurch.

She said there will be a charted regional flight this afternoon, and more are expected in the next few days.

  • If you have symptoms of the coronavirus, call the NZ Covid-19 Healthline on 0800 358 5453 (+64 9 358 5453 for international SIMs)

Tonga cancels aircraft with medical supplies from China, reports say

By
Kalino Latu
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Prime Minister Pōhiva Tu’i’onetoa said an aircraft which was expected to arrive in Tonga this week with medical supplies from China has been cancelled, Radio Broadcom FM 87.5 reported.

The equipment were now expected to be brought through Fiji before they would be sent to Tonga by vessel.

The Ministry of Health CEO Dr Siale ‘Akau’ola previously said the equipment included Personal Protective Equipment (PPE) and other medical supplies

Tonga is currently on lockdown and all international flights had been either diverted or cancelled until April 6.

Dr ‘Akau’ola said aircraft which conveyed essential needs and services will still arrive in the kingdom during the lock down periods.

The cancellation came after online users had been divided by the decision to allow the aircraft into Tonga amid fears the equipment might bring the coronavirus into the country.

Critics said the government has made a high-risk decision.

However, Dr ‘Akau’ola reportedly said the medical equipment had been made and shipped by the Chinese government according to World Health Organisation’s standards and requirements.

A number of European governments have rejected Chinese-made equipment designed to combat the coronavirus outbreak this week.

Thousands of testing kits and medical masks are below standard or defective, according to authorities in Spain, Turkey and the Netherlands, the BBC news reported.

Spain’s government encountered similar problems with testing kits ordered from a Chinese company.

Turkey also announced that it had found some testing kits ordered from Chinese companies were not sufficiently accurate, although it said that some 350,000 of the tests worked well.

In a statement to Kaniva News and other media, the Chinese Embassy in Tonga said, China commends all the efforts made by the Tongan government to fight against the deadly disease.

“China also appreciates the strong supports and selfless assistance from the Royal families, the Tongan government and the people during the fight against COVID-19 by the Chinese people. At a special moment of coping with the outbreak by the Pacific Island countries, the Chinese Government has just established the China-Pacific Island Countries anti-COVID-19 Cooperation Fund, with a total amount of US$1.9 million, in order to enhance the cooperation in combating COVID-19.

“Among which, US$200,000 will be donated to the Tongan Government for fighting COVID-19. This demonstrates that China is practicing the vision of a community with a shared future for mankind in the field of international health cooperation. The anti-COVID-19 cooperation between China and Tonga can serve a role model in the following aspects: First, our cooperation is sincere.

“During China’s fighting against the outbreak, His Majesty King Tupou VI, HRH Princess Pilolevu Tuita, Hon. Prime Minister Tui’i’onetoa, Hon. Speaker Fakafanua, Hon. Minister Vaipulu and the people from all walks of life supported the Chinese government and the Chinese people in the form of letters, video clips, warm words, donation,etc, which has given enormous power to China.

“At the same time, the Chinese government took good care of the health of all the Tongan citizens in China to ensure that they would be free from the outbreak. As the virus is spreading in more and more countries now, the Chinese government, the Chinese companies and the Chinese community in Tonga donated money and personal protective equipment(PPE) to the Tongan government in order to improve the health capability for combating the outbreak.”

New Portuguese immigration laws could be model for regularising overstayers in NZ

By
Philip Cass
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Overstayers in New Zealand face deportation, bans on returning and legal struggles to fight deportation orders.

But one European country has introduced new laws on illegal migrants that could prove a model for New Zealand.

This would be good news for Tongans, who have traditionally made up the largest group of overstayers.

Laws recently introduced in Portugal are designed to regularise the status of illegal migrants more sympathetically.

Under new rules recently introduced in Portugal, illegal immigrants who have worked in the country for more than a year and paid taxes for the past 12 months may obtain a residence permit for humanitarian reasons.

The new residency permit will be for two years and will help applicants to apply for legal residence in Portugal and act will help the country having more documented immigrants instead of illegal.

The Portuguese programme has been described as a more human approach to regulating immigration and helping the employment market.

The New Zealand government describes overstayers as people whose visas have expired, who have not taken up citizenship, have no other visa, and have exhausted basic rights for a visa extension or different visa.

The latest statistics on overstayers in New Zealand showed 2498 Tongan overstayers.

Unless there are special circumstances that justify issuing a visa, they are expected to leave New Zealand, or face deportation. If a person is deported they face a ban of up to five years from applying to come to New Zealand again.

Immigration New Zealand said overstayers could end up being exploited by unscrupulous employers and create significant financial stress for families attempting to house and support them.

Many of these people had little or no access to social welfare, justice or medical care. Simply  going to a public hospital could mean a risk of being deported, as could applying for a driver’s licence, or going to court.

In the 1960s and early 1970s some Fijians, Tongans and Western Samoans arrived under a quota system, but many had only temporary visas and simply stayed on. This was ignored by the New Zealand government when the demand for labour was high.

When this diminished, overstayers were tracked down and detained, often during the controversial dawn raids, and deported.

The main points

  • Overstayers in New Zealand face deportation, bans on returning and legal struggles to fight deportation orders.
  • But one European country has introduced new laws on illegal migrants that could prove a model for New Zealand.

For more information

Portugal implements new immigration law

PORTUGAL IMPLEMENTS NEW IMMIGRATION LAW INCLUDING ARTICLE 88 AND ARTICLE 123

Overstayers

https://www.immigration.govt.nz/documents/statistics/immigration-new-zealand-overstayers-factsheet.pdf

Recognised Seasonal employees arrivals

https://www.immigration.govt.nz/documents/statistics/statistics-rse-arrivals.pdf

Overstayers estimated at almost 11,000, of whom 2100 were deported last year

https://www.stuff.co.nz/national/98349601/overstayers-estimated-at-almost-11000-of-whom-2100-were-deported-last-year

Man arrested with 15 stolen cartons of mutton as over 80 arrested in Tonga for violating nationwide Covid-19 curfew

By
Kalino Latu
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Tonga’s police have arrested 81 people for breaching the nationwide curfew which started on March 28 as part of government measures to restrict Covid-19.

The arrests and charges were made following obstruction of police officers, public drunkenness and housebreaking, Deputy Acting Police Commissioner ‘Atunaisa Taumoepeau said.

Last night Police arrested a 30-year-old man from Longolongo for breaching of curfew and and an active warrant for his arrest.

Police also seized 15 cartons of mutton from the suspect’s car and are making inquiries into the owner of the goods that are believed to be stolen.

The accused is remanded in police custody while investigation continues.

 “We urged people to respect the law, respect our officers as they go about their duty. This is a difficult time but we need the public to follow instructions and comply with the directions of the National Lockdown,” said A/Deputy Commissioner  Taumoepeau.

“We are here to save lives and to keep everyone safe. People need to stay home especially during the curfew hours.”

Police are working together with His Majesty‟s Armed Forces to enforce the National Lockdown Order. “We will not hesitate to take enforcement action on those who continue to ignore the restrictions.”

You can contact the Police Operation Centre on opcc.covid19@police.gov.to or call 23713 to report anyone who is breaching the Lockdown instructions or their responsibilities.

Prime Minister announces good news on virus test, reiterates WHO advice on personal hygiene during Covid-19 pandemic

By
Kalino Latu
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Ko e ‘otiō ‘o hono fuofua fakahā fakapule’anga ‘e he ‘Eiki Palēmia ‘o Tonga’ ‘a e fuofua keisi mahalo’i ‘a Tonga he vailasi kolona’

This is a translation of an audio recording provided by the office of Prime Minister Pōhiva Tu’i’onetoa. It is provided as a statement of record of Hon. Tu’i’onetoa’s public statements.

Sponsored:

When the Prime Minister went on air to announce the result of a test of the first suspected case in the kingdom earlier this month, he said: “I am happy to announce to all Tongans the latest news of a result of a test of a sample taken from the first person in Tonga to be suspected of showing symptoms of COVID-19 or coronavirus on March 4.”  

On March 8 the Ministry of Health received a report of the results from the Victorian Infectious Diseases Reference Laboratory in Australia, which showed the tests were negative or non-reactive.

“It shows the woman did not contract the COVID-19 disease,” Prime Minister Pōhiva Tu’i’onetoa said.

The WHO had advised that two tests must be conducted on any case tested for coronavirus, he said.

“As such, we have sent another sample to New Zealand for reaffirmation tests.”

“We hope the results will arrive on March 9 and that’s when we can conclude whether she was really infected or not.”

Apart from this good news the woman was still being treated and taken care of while she was recovering, he said.

“It was pleasing to hear that her conditions were improved.”

“I warn the nation that there was still a great opportunity for the coronavirus to affect Tonga.

The advice from the WHO was that people should wash their hands after they were in contact with somebody else.

Keep at distances of two or more metres apart with somebody else.  

Hold your nose and mouth if you are coughing with tissues.

Anybody who was sick or coughing or had flu should stay home and contact their doctor.

If you have family or friends overseas, contact and tell them not to come home until they had been isolated for 14 days.  

WHO has provided Tonga with 30 Infrared Thermomat devices for the airport and Hospital. This would make it easier to screen people to see if they were sick easier, Hon Tu’i’onetoa said.

He said the government had imported Personal Protective Equipment which they expected to start arriving on March 9

The Taliai camp had been set up as a quarantine camp, he said.  

The test for the disease could not be done in Tonga because they needed to be done in a levels two or three laboratory, he said. Local facilities were at level one.

The Prime Minister thanked WHO for their assistance to make the people were safe and sound.  

He thanked the CEO of Ministry of Health, doctors, and staff at the frontlines who undertook to look after people because of the COVID-19 disease.

The helps you have for our workers would be a great effort in supporting what they did.

Hon Tu’i’onetoa also thanked Japan for its help at this time of difficulties.

The safety and protection of Tonga from COVID-19 would depend on working together and obeying the rule and laws announced by the Ministry of Health, the Prime Minister said.  

Appeal Court denies claim by ‘Atenisi Institute it does not have to obey Qualifications Act; judges agree with earlier ruling

By
Philip Cass
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The Court of Appeal has denied an appeal by the ‘Atenisi Institute for a declaration that it does not have to comply with the Tonga National Qualifications and Accreditation Act.

It also sought a declaration that certain compliance notices issued by the Board established under that Act were invalid.

Lord Chief Justice Whitten had already dismissed the private educational institute’s claims, including one for damages, last October.

However, he declared that the compliance notices issued by the Board in February 2018 and February 2019 were unlawful, invalid and of no effect, declared them to be so and set them aside.

‘Atenisi sought to bring a limited appeal which did not challenge the refusal of the declarations relating to compliance with the Act.

‘Atenisi’s right to call itself a university was questioned in 2009 and the following year the Board refused ‘Atenisi’s application to register under the Act. ‘Atenisi began proceedings which were settled on the basis that it would be registered as a tertiary institute. It was registered as such  in 2011 as a provider under the Act for 12-month period.

Registration was renewed on several occasions, the latest expiring in August 2017. That renewal was on condition that ‘Atenisi should submit its programme of study for accreditation within six months. ‘Atenisi had previously been advised by the New Zealand High Commission that it could not be included in an aid programme sponsored by New Zealand without accreditation under the Act.

In February 2017, ‘Atenisi submitted its application for accreditation of its B.A. programme. There followed a lengthy exchange of correspondence and meetings between representatives of the parties. The Board insisted  ‘Atenisi complete certain documentation, but the institute argued it was more suitable to a technical or vocational school rather than a university.

‘Atenisi sought exemptions from the Board, but it would not back down and insisted  the forms be fully completed.

In December 2017 the Board, wrote to ‘Atenisi advising that the Minister of Education had decided that ‘Atenisi had to comply with the Act. This meant ‘Atenisi had to work to meet accreditation criteria like all other providers.

In January 2018 the Board resolved that ‘Atenisi was required to refrain from delivering specified programmes and was not to enrol any students in 2018 until those programmes were approved and accredited. It issued the first of a number of compliance notices.

In April 2018 ‘Atenisi delivered to the Board updated hard copies of its application documents including certain appendices.

In May 2018 ‘Atenisi began judicial review proceedings. Lord Chief Justice Paulsen granted leave for them to be brought, expressly limited to the issues of non-compliance with the Act and whether ‘Atenisi was a provider subject to the requirement of registration.

 By its Third Amended Statement of Claim ‘Atenisi sought a declaration that it was not subject to the Act and therefore to the jurisdiction of the Board and that, in effect, the Act does not provide for any sanctions or penalties against it as a provider. ‘Atenisi also made a claim of breach of an implied contract alleged to exist between the Board and its “constituency” including ‘Atenisi and sought damages for breach of that contract in respect of the loss to it because it had been unable to receive in-country tuition support via NZ Aid for the preceding years, Tonga Vocational Educational Training Funding in 2017/2018 and Cyclone Repair Funding from the Ministry of Education in 2018, such damages to be quantified at trial.

‘Atenisi and the Board agreed to split the trial such that if ‘Atenisi was successful in establishing breach of an implied contract there would be a separate trial on issues of “legal entitlement, causation or quantum.”

The Lord Chief Justice found that ‘Atenisi was not exempt from the Act, but found that its challenge to the compliance notices succeeded.

Judges Hansard and Blanchard said they agreed with the Lord Chief Justice’s ruling that, the implied contract claim was misconceived. No other damages claim was pleaded.

“We note that in a ruling on 21 October 2019 the Lord Chief Justice said that, without expressing a view, it might be open to ‘Atenisi to consider issuing fresh proceedings for any damages it says have been caused by reason of the unlawful notices.” they said.

The appeal was dismissed with costs against ‘Atenisi in favour of the Board.

Watch live: Number of total Covid-19 cases in NZ rises to 589

By
Kaniva Staff
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This story is republished with permission under Kaniva Tonga’s partnerships with Radio New Zealand.

There have been 76 new cases of Covid-19 confirmed in New Zealand, with 12 people now in hospital. Watch the latest live update here.

Director-General of Health Dr Ashley Bloomfield said the total number of cases in the country now stands at 589, and there have been no additional deaths.

Twelve people are currently in hospitals around the country – two are in ICU.

Dr Bloomfield said flu vaccinations are being reserved for high priority groups – over 70 and those with likely health complications.

He said those not in the group should not expect to be vaccinated before mid-April.

Dr Bloomfield has asked New Zealanders to register with Flu-tracker for surveillance of Covid-19.

Police Commissioner Mike Bush said two police staff had tested positive for Covid-19. They are at home and not been hospitalised.

Watch the media conference here:

Covid-19 pandemic may pose risks for seasonal programmes in NZ and Australia

By
Philip Cass
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The Coronavirus pandemic has the potential to have a major affect on the regional seasonal workers’ programme which allows Pacific Islanders to work in New Zealand and Australia.

Tonga is one of the three  major suppliers of labour to the programme.

But restrictions on travel to New Zealand and Australia and the ban on international flights in a number of Pacific nations, including Tonga, could mean that thousands of workers may be unable to take up positions this year.

Equally large numbers could be trapped as their work visas come to an end.

Australia’s seasonal work programme grew by 44% in 2018-19, or by some 3000 workers, after a cap on workers numbers was removed.

New Zealand increased its cap on seasonal numbers to 12,850 workers in November 2018, a 16% increase on the previous year.

In 2018-19 Tonga supplied about 30% of the Pacific seasonal workers, second only to Vanuatu which supplied more than 40%.

Dr Victoria Stead from the Alfred Deakin Institute in Melbourne, said that in Australia the horticultural industry was in the middle of the harvest season and the demand for labour was at its highest.

“Temporary migrant and local seasonal workers are picking fruit, harvesting vegetables, and sorting and packing crops in packing sheds across the country,” she wrote in the Guardian.

“Thousands of these workers are Pacific Islanders, working under the Seasonal Worker Programme which provides strictly curtailed visas intended to fill demands for, particularly, seasonal horticultural labour. “

Many groups of workers were due to return home, but were unable to do so.

Other groups of workers, due to arrive in Australia, were unable to leave their homes as Pacific nations closed their borders.

While visas might be extended, Dr Stead asked what would happen if they did not want to keep working beyond their contract period.

“For those who do continue working, what are the health implications and risks of doing so?” she wrote.

“Workers in packing sheds work in close proximity for long hours, and pickers often live in crowded, shared accommodation.

“If sheds, orchards and other food production sites shut down amid health concerns, what will be the financial impacts?

“If and when workers do return home, how will we ensure that we are not sending potentially infected people back to countries and communities across the region whose health systems are ill-equipped to manage the crises that widespread Covid-19 infection would produce?”

In New Zealand, Kiwifruit growers say that more than 1300 seasonal workers due to arrive in the country in the next two months cannot make the journey.

New Zealand Kiwifruit Growers chief executive Nicky Johnson said the horticultural sector was highly reliant on seasonal workers from the Pacific Islands to harvest crops and do winter pruning.

According to a report in Stuff, the kiwifruit harvest, which runs until the end of June is ready to be picked and shipped, but growers do not have enough workers to get the fruit off the vines.

Growers report instances of Island workers whose contracts are coming to an end, but can’t leave New Zealand. If they do not get their visas extended, they will not be able to work and have already sent all their money home. 

The main points

  • The Coronavirus pandemic has the potential to have a major affect on the regional seasonal workers’ programme which allows Pacific Islanders to work in New Zealand and Australia.
  • Restrictions on travel to New Zealand and Australia and the ban on international flights in a number of Pacific nations, including Tonga, could mean that potentially thousands of workers will be unable to take up positions this year.

For more information

Australia’s food supply relies on migrant workers who are facing coronavirus limbo

Coronavirus: Horticulture sector short 1300 seasonal workers

Local business can’t compete with Seasonal Worker pay rates

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