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Noble MPs did not walk out of Parl’t in 2014 after Noble-led government move to remove some of king’s powers, records reveal

By
Kalino Latu
-

Noble MPs did not walk out of Parliament in 2014 when Lord Tu’ivakano’s government moved to remove the powers of Judicial Appointments and Discipline Panel to make elections in the king’s Privy Council.

The Nobles-led government also planned to put an end to the Panel in the future.

Lord Tu’ivakano’s government also moved to remove the constitutional power of the king to appoint a commissioner for the Anti-Corruption Commission, which was being planned at the time, according to the Parliament’s record (minutes) numbers 21, 22 and 23 on August, 2014.

The government also submitted to the House a Bill to remove the Attorney General from the king’s Privy Council and bring the position into the cabinet.

Other noble MPs who were in the House at the time, including Lord Nuku , Lord Tu’ilakepa and Lord Tu’iha’ateiho described the move by the government as a “liliu faka’aufuli,” (absolute change) to the constitution.

According to the minutes the noble MPs supported the bills and the amendments submitted by the government.

However, they moved in the House for the government to meet the people and consult with them about the bills. Despite heated debates in the House the Noble’s motion to take the Bills to the people was rejected after a majority ballot.

The reasons

The then Minister of Justice, William Clive Edwards in his attempts to clarify the Bill for the Anti-Corruption Commission said this would made the Commission an independent body.

He told the House all the new Bills and amendments which had been tabled in Parliament were to make sure these were executive roles which had to be carried out by the government and not the Law Lords in the Panel.   

In Tongan he said: “Ko e ngāue faka-executive kā ‘oku ‘ikai ke ‘ave ia ki he kau Law Lords mo e kakai ‘oku ‘i tu’a ‘oku ‘ikai ke ‘i ai hanau tu’unga he fonua ke nau tu’utu’uni. Pea ‘osi ko ia pea tau toki lele holo. Ko e ‘ū ngaahi ‘uhinga ia. Pea nau fai ‘enautolu ‘o ngāue’aki e me’a ki he ‘Ene ‘Afio ka ‘oku tau’atāina pē ‘a ‘Ene ‘Afio ‘ana.”

This translates into English as: “These are executive jobs and they are supposed not to be given to the Law Lords and people outside who have no role making decision in this country. After all,  we do not know where to go. Those are the reasons. And they did it using what was there for His majesty, but His Majesty was free.”

Hon. Edwards said it had been several years since the previous government attempted to set up the Anti-Corruption Commission, but still had not happened.

Constitution review report

The then Minister of Police, Siosifa Tu’utafaiva, told the House these amendments were made after the government received a review report from a Commonwealth sponsored Constitutional expert who reviewed Tonga’s constitution.

According to  Hon. Tu’utafaiva, the then Minister of Law believed there were clashes in the Constitution clauses and how they gave powers to the Panel to appoint the Attorney General, the Lord Chancellor, the Judges and Commissioner for Anti-Corruption Commission.

He said the review report supported what the then Minister of Law and Attorney General have come up with in regards to the constitutional problems the bills and the amendments had to deal with.

According to the Parliament’s minutes the Chair of the Whole House Committee said most of the noble MPs supported the Bills and the amendments to the constitution submitted to Parliament.

As Kaniva Tonga news reported last year, the review report which was conducted by Peter Pursglove said Tonga’s constitution was one the poorest in all the Commonwealth countries.

Conflict of interest

He said a conflict of interest existed because the Attorney General sat on the king’s Judicial Advisory and Discipline Panel, which had the responsibility of appointing him.

The Attorney General should be a Minister and member of both the Legislature and the Cabinet, he said.

The Pursglove report was approved by the king and was given to Lord Tu’ivakano government to work on it.

Homework for the Pōhiva government

Hon. Tu’utafaiva told the House, according to the minutes they were running out of time as the next general election was about three months away. And Parliament only had 15 days before it was closed by the king, according to the then Speaker.

Hon. Tu’utafaiva told the House to expect the rest of the works for the Bills – including the recommendation by Pursglove – to be dealt with by the incoming government. Lord Tu’ivakano was ousted by the Pōhiva government in November 2014.

In a previous interview with Kaniva Tonga news, Hon. Pōhiva said his government was working on the report as it was left in the cabinet by the previous government for them to deal with.

The Nobles walk out of Parliament

The government of ‘Akilisi Pōhiva undertook to continue working on the Pursglove report and what had been passed on from the Lord Tu’ivakano’s administration.

Some of the recent Bills they submitted to the House including ones to remove the power of the Panel to elect the Commissioner for Anti-Corruption Commission and Judges.

They were similar to the Bills submitted by the Tu’ivakano government.

The Nobles, led by Lord Nuku and Lord Tu’ilakepa, insisted these Bills should be subject to consultation with the public in face to face meetings.

After the government conducted its own radio talk back show public consultation and disagreed with the Nobles, the noble MPs and the independent MPs walked out of the House.

Lord Tu’ilakepa became Acting Speaker of the House and used his power to block the move by the government to table the Bills in the House.

The main points

  • Noble MPs did not walk out of Parliament in 2014 when Lord Tu’ivakano’s government moved to remove the Judicial Appointments and Discipline Panel from the king’s Privy Council.
  • The Nobles-led government also planned to put an end to the Panel in the future.
  • Lord Tu’ivakano’s government also moved to remove the constitutional power of the king to appoint a commissioner for the Anti-Corruption Commission, which was being planned at the time, according to the Parliament’s record (minutes) number 21 on August 5, 2014. 

For more information

Non-government MPs walk out of Tonga’s parliament

https://www.radionz.co.nz/international/pacific-news/384631/non-government-mps-walk-out-of-tonga-s-parliament

Tonga’s constitution costly, poorly written and undemocratic, report says

Tonga’s constitution costly, poorly written and undemocratic, report says

Pōhiva pursues expert’s advice to remove AG from Privy Council

https://theworldnews.net/to-news/pohiva-pursues-expert-s-advice-to-remove-ag-from-privy-council

King of Tonga discusses upgrade of palace archives with NZ

By
Kaniva Staff
-

By Radio New Zealand. This article is republished with permission.

The King and Queen of Tonga made an official visit to New Zealand’s National Library last week to discuss upgrades to Tonga’s Palace Archives.

King Tupou VI and Queen Nanasipau’u were presented with a range of Tongan archival material held by the library.

The library holds film footage of Queen Elizabeth II’s tour of Tonga in 1954, and various Tonga government records.

Archives New Zealand has hosted Tongan government ministers and officials on matters of record keeping for good governance and best practice for storing physical archival materials.

While at the library in Wellington, the royal couple also viewed He Tohu, the permanent exhibition of New Zealand constitutional documents.

He Tohu comprises the 1835 Declaration of Independence of the United Tribes of New Zealand, the 1840 Treaty of Waitangi and the 1893 Women’s Suffrage Petition.

Supreme Court upholds child payment order, but says spouse payments must be re-heard

By
Philip Cass
-

The Supreme Court has referred a spousal maintenance case back to the Magistrate’s Court for a re-hearing as soon as possible.

Lord Chief Justice Paulsen said he would allow the appeal in part.

In his report on the case, Mr Justice Paulsen said this was an appeal from a decision of the Principal Magistrate at Neiafu of February 20. The magistrate ordered that Tonga Kupu pay Lotolangi Kupu spousal maintenance of $20 per week and child maintenance for five of their seven surviving children of $20 per week.

Tonga Kupu asked that the amount of maintenance  be reduced  to $70 a week.

Tonga and Lotolangi Kupu were married in 1996 and had eight children of which five children were the subject of this proceeding.

After their marriage the parties lived in their own home at Lapaha, Tongatapu and Tonga had  a  commercial operation growing squash and pumpkins.

In 2013, marital difficulties arose and the respondent and the children moved to live with the respondent’s mother at Makave. There were attempts at reconciliation. In September 2017 the appellant considered that the relationship  had  been restored and he had his tractor and truck shipped to Vava’u to re-join his family. He leased land to farm and has been growing crops.

The parties lived together until September 2018 where Tonga grew crop and his wife ran a small grocery shop.

The parties’ marital problems continued and in September 2018 the wife obtained restraining order against him.

Tonga has been living on his leased land since then.

Tonga provided food for his family until December 2018. He paid for three children to go to New Zealand for a vacation in December. He has again provided some food. He pays the school fees of one child.

In his report on the case, Lord Chief Justice Paulsen said it had been argued that the Principal Magistrate failed to give proper consideration to the evidence as to the parties’ respective  means  and  that it was  unreasonable  to  require  him to pay an amount of $120 per week.

He said the order that Tonga Kupu pay Lotolangi Kupu  $20 per week for the maintenance and support of each of the  five youngest children of their marriage was upheld. It would remain in force until the children left school or turned 18.

However, the order that he pay Lotolangi Kupu  spousal maintenance of $20 per week be set aside and re-heard in the Magistrate’s  Court on the first available  date.

The main point

  • The Supreme Court has referred a spousal maintenance case back to the Magistrate’s Court for a re-hearing as soon as possible.
  • Lord Chief Justice Paulsen said he would allow the appeal in part.

Dispute over ownership of bull sent back to Magistrate’ Court after appeal succeeds

By
Philip Cass
-

A dispute over the ownership of a bull has been sent back to the Magistrate’s Court after the Supreme Court upheld an appeal.

Lord Chief Justice Paulsen said the case should be heard by a different magistrate to the one who heard the original case.

The case grew out of a dispute in Neiafu in September 2016.

Kaati Halatoa brought a claim against Sam Tamale, seeking an order that he return a brown bull which had been removed from land where Halatoa kept his animal.

The Principal Magistrate in the original case ruled that Halatoa owned the bull and ordered that it be returned to him within one week.

Halatoa said he owned a brown  bull  that  was  born in August 2014. It was kept, together with other animals, at the tax  allotment  of  Sione Fisi’ihoi. The bull went missing towards the end of 2015.

In June 2016, the respondent’s son reported to him that he had seen the bull roaming at the tax allotment of one Tu’i’afitu.  This bull was retrieved and tied up at the tax allotment of Sione Fisi’ihoi. 

About two weeks later the bull was taken Tamale.   

Tamale argued that he had a brown bull that was four years old when it went missing in around May 2016. The bull was called Hercules and it was friendly and would come when called. The bull fled a couple of times and on the last occasion it went to the tax allotment of Fisi’ihoi where there are other  animals.

He  retrieved it and kept it on the tax allotment  of Siope Lonitenisi. He did not return the bull to the respondent because he was certain it was his bull.

Both side of the case produced two witnesses and Tamale produced three photographs of the bull.

Lord Chief Justice Paulsen said that with one exception the Principal Magistrate  at the original trial did not summarise or analyse the content of  their  evidence  or give reasons why he  accepted  or  rejected the  evidence  of any witness  and in  what  particular respects.

The Principal Magistrate  accepted  that  the bull in  dispute was  the  same  bull shown in  photographs.

Lord Chief Justice Paulsen said there was contradictory evidence about the identity of the bull and who had accepted the identity of the animal. There were also questions about how the bull had behaved when visited by a delegation during the magistrate’s court hearing and whether the same animal had been identified.

He also noted a submission that the Principal Magistrate in the original case had failed to take into account that the bull had been gone for months before the respondent retrieved it. 

“I did not hear the witnesses and have no way of assessing their respective credibility upon which the case falls to be determined,” Lord Chief Justice Paulsen said

“I have no alternative but to allow the appeal and refer the matter back to the Magistrates’ Court for rehearing.”

The main point

  • A dispute over the ownership of a bull has been sent back to the Magistrate’s Court after the Supreme Court upheld an appeal.
  • Lord Chief Justice Paulsen said the case should be heard by a different magistrate to the one who heard the original case.
  • The case grew out a dispute in Neiafu in September 2016.

High Court hears legal dispute will have ‘serious implications’ for Tonga’s RWC preparations

By
Kaniva Staff
-

By Ann O’Loughlin, Irish Examiner

A legal dispute which has “serious implications” for preparations by the Pacific Island nation of Tonga for this year’s Rugby World Cup has come before the High Court.

The dispute centres around a judgement for NZ$ 275,702.19 ( €143,000) obtained by a French-based media company called SARL Team One Events against the Tongan Rugby Union over image rights.

The company is seeking to enforce the judgement in this jurisdiction by obtaining an order compelling rugby union’s world governing body World Rugby Ltd, which is registered in Ireland, to pay Team One Events money due to be paid to the Tongans.

The matter was briefly mentioned before Mr Justice Tony O’Connor at Monday’s sitting of the court.

Stephen Byrne Bl for World Rugby said his side is opposing the company’s application but would need time to reply to the matter.

Counsel said there was an urgency to the matter, given that Tonga will soon commence their preparations for the Rugby World Cup (RWC) in Japan, which starts on September 20.

Counsel said that the case has “serious implications” for those preparations.

Paul Binchy Bl for the company said his side were consenting to the adjournment.

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The judge, after making directions in the case, adjourned the action to a date later this month.

Team One Events, which is based in Toulouse, France claims it entered into an agreement with the Tongan Union in March 2014 concerning the use of the sporting body’s image rights until the end of the 2015 Rugby World Cup.

The company claims that under the contract it was to get 30% commission on any income generated from the exploitation of the image rights, and the Union would get a minimum of US$300,000, half of which was paid up front after the contract was signed.

As part of the contract, the company claims the Union was forbidden from entering into contracts with third parties as Tonga’s match or tournament sponsors until after the conclusion of the 2015 RWC.

The company claims in June 2014 the contract was breached when Tonga, in a game against Samoa, had the name of a sponsor on their shirts without Team One Events permission.

This resulted in the company bringing a claim against the Tongan Union in the French courts.

The company subsequently obtained a judgement for €143,000 against the Tongan Union, which it says has not been satisfied.

In order to enforce the French Court’s judgement, the company seeks an order from the Irish courts known as a garnishee order.

This type of order is used to enforce a judgment debt against a creditor to recover money.

The order would compel World Rugby Ltd, which is due to make a payment to the Tongan Union, to instead pay the judgment creditor, One Team Events.

The company claims that in relation to the 2019 RWC World Rugby Limited it intends to make staged payments of fees for image rights to various Unions including Tonga’s.

It is understood the payments to the Tongan Union will be used to cover the costs of its preparations for RWC ’19, including the rugby’s teams travel and accommodation expenses for the tournament itself.

Rugby Union is the Pacific Island nation’s national game.

While always been competitive, the Tongans have never made the knockout stages of the competition.

They face England, France, Argentina and the USA in Pool C of this year’s RWC in Japan

Tonga must guard against security threats, Deputy PM Sika tells memorial service

By
Philip Cass
-

Tonga must be alert to potential security threat, Deputy Prime Minister Semisi Sika said on Friday.

Hon. Sika was speaking at an early morning memorial service for the victims of the Christchurch massacre held at Tonga Police Headquarters in Nuku’alofa.

“The World changed for us all on March 15,” the Deputy Prime Minister said.

“Tongan Police must be alert and prepared for anything that comes their way. We must all be alert and prepared for anything that comes their way.

“We must all be alert to potential threats to our border and work together to ensure Tonga’s security is not compromised.”

The short ceremony began with the raising of the Tongan flag to half-mast whilst the Tongan and New Zealand national anthems were being played by the Tonga Police Brass Band.

This was followed by verses from the hymn, ‘Abide With Me’ and a prayer offered by Rev. Viliam Fanaika.

“We raise our Flag today at half-mast to show our respect, our deep sense of loss and mourning for the 50 New Zealanders murdered at their place of worship in Christchurch,” Hon. Sika said.

“As we pay our respects we salute the leadership and humanity of Prime Minister Jacinda Ardern and the courage and solidarity shown by New Zealanders to this tragic event.

“I take time to commend the courage and professionalism of the New Zealand Police in putting themselves in harm’s way to protect their citizens, the other courageous First Responders and Emergency Services and all individuals, that  went to help with the dead, dying and wounded and those that were blessed to survive.

“This is a day of Remembrance to the families and loved ones of the fallen and also to show our respect and solidarity with New Zealand in their hour of sorrow and reflection.”

Present at yesterday’s service were the Acting New Zealand High Commissioner, Elena Procuta, the Australian High Commissioner, Adrian Morrison, the Minister for Lands and Minister responsible for His Majesty’s Armed Forces, Lord Ma’afu and other Cabinet Ministers, Police Commissioner Stephen Caldwell and his senior officers and advisors and the Chaplain of Tonga Police, Rev Viliami Fanaika as well as other Church leaders.

As Kaniva Tonga news reported earlier, Members of Parliament took part in a one minute silence last Monday morning to pay respects for the victims of Christchurch’s terror attack.

Acting Speaker Lord Tu’ilakepa said the minute was in respect for the memory of those killed and hurt in the attack on Friday, which left 50 dead and at least 50 injured

Lord Tu’ilakepa said in Tongan: “Oku ou fie ‘oatu ‘a e fie kaungā mamahi ‘a e Fale Alea ‘o Tongá mo e kakai ‘o Nu’usilá, ‘oku ‘oatu heni ha faka’apa’apa, mo e fiekaungā mamahi mo’oni ‘a e Fale Alea ‘o Tonga, mo e kakai ‘o Nu’usila koe’uhi ko e pulonga kuo tō he fonuá, tupu mei he fakapō ta’e’amanekina, ne hoko ‘i Christchurch, ‘i he ‘aho Falaite 15 ‘o Mā’asi, 2019.”

Last week we reported that Tongans living in New Zealand had been asked to wear black this week as a sign of support for the country’s Muslim community.

Tongan church groups have been holding special prayer sessions for the cessation of terrorism.

Last Sunday the brass band from the Pulela’a Methodist Church in New Lynn played outside  an Auckland mosque. Church members prayed and laid flowers.

The main points

  • Tonga must be alert to potential security threat. Deputy Prime Minister Semisi Sika aid yesterday.
  • Hon. Sika was speaking at an early morning memorial service for the victims of the Christchurch massacre held at Tonga Police Headquarters in Nuku’alofa.
  • “The World changed for us all on March 15,” the Deputy Prime Minister said.

For more information

NZ marks Christchurch massacre with week of vigils and prayers, more events planned today

Oceania – NZ marks Christchurch massacre with week of vigils and prayers, more events planned today. | Kaniva Tonga

Tongans in New Zealand show solidarity with Muslims after racist murders in Christchurch

Tongans in New Zealand show solidarity with Muslims after racist murders in Christchurch

Help our deported children and fight drugs, Majesty tells Parliament in closing speech

By
Philip Cass
-

Helping Tongans who have been deported to the kingdom after serving jail term in other countries was a major source of concern, His Majesty King Tupou VI said this week.

In his speech closing the current session of Parliament, His Majesty said there was need to help “our children” who had been deported.

Drug-related problems in Tonga had also become a major issue of concern.

The king said police should step up their efforts to fight substance abuse. He called on the government to increase funding towards drug prevention programmes.

“The security of our people is paramount because there has been a recent case where someone was murdered,” His Majesty said.

His Majesty’ comment follow recent reports highlighting serious problems with deportees in Tonga and the growing threat of methamphetamine.

His speech was read by Lord Vaea, one of the three nobles who officially closed the session.

The others were Lord Tu’iha’ateiho and Lord Ve’ehala.

His Majesty is in New Zealand for a short visit.

In his address to Parliament, the king called for an independent body to be established to investigate the burning and destruction of Nuku’alofa in 2016. He said the government should fund the commission.

Climate change

The King reminded the House about the importance of being prepared to face the effects of climate change.

The King said the rebuilding of damage after Cyclone Ian in Ha’apai, Gita and especially in Tongatapu was still not completed.

“Many families and schools in Tongatapu are yet to receive aid from the Government,” he said.

“The longer the delay in the recovery process the harder the work will be.”

The King said Tongans working in seasonal labour scheme overseas should be trained properly before they travel abroad. This was to ensure they can communicate and read in English.

“If we are to take this seriously then we should train our people to the highest level to meet the market’s demands,” His Majesty said.

The King reminded MPs that spending money from donor partners and aid agencies should be transparent and accounted for.

His Majesty said discussion and debates in Parliament should be conducted in a respectful and dutiful manner.  MPs should uphold the dignity of the House.

His Majesty reminded MPs that it was  unconstitutional for Tonga to ratify any regional or international agreements without completing the due process.

Condolences

During the closing ceremony the House observed a minute’s silence for those killed in the Christchurch massacre.

The Acting Speaker, Lord Tu’ilakepa, conveyed his deepest condolences to New Zealand for the tragedy in Christchurch.

“We hope and pray that God’s peace be upon New Zealand during this difficult time. The tragedy has united our Pacific brothers and sisters including Tonga to mourn with New Zealand in this time of sorrow,” Lord Tu’ilakepa said.

Parliament will resume on May 30.

The main points

  • Helping Tongans who have been deported to the kingdom after serving jail term in other countries was a major source of concern, His Majesty King Tupou VI said this week.
  • In his speech closing the current session of Parliament, His Majesty said there was need to help “our children” who had been deported.
  • Drug-related problems in Tonga had also become a major issue of concern.

For more information

Tonga’s King Tupou VI in NZ for short visit

Tonga’s King Tupou VI in NZ for short visit

Supreme Court convicts passenger who tried to board flight to Fiji with undeclared money

By
Philip Cass
-

NUKU’ALOFA – A passenger who was found with nearly TP$149,000 stuffed into his trousers and strapped to his leg has been convicted in the Supreme Court.

The Supreme Court convicted Qian Xiyun for failing to declare to Customs  that he was carrying more than TP$10,000 of currency.

Qian originally pleaded guilty to the charge and elected trial by judge alone in relation to other charges. Clive Edwards appeared for him at trial which began on March 18 this year.

At the start of the trial Edwards aid he would argue that the accused  had  wrongly pleaded guilty  to  an offence  the Crown  could not sustain in law.

The prosecution arose out of events that arose at Fua’amotu International Airport on May 15 last year at the passport control booth at the departure  terminal. 

A  customs officer was processing departing passengers for a flight to Fiji when the accused approached her after completing security screening by aviation officers.

He handed the customs officer his passport and passenger  departure card. He declared on his departure card that he was not carrying more than $TP10,000 in cash, or   its equivalent in foreign currency.

The officer asked him several times whether he was carrying cash, to which he kept replying that he was not. However, under repeated questioning, he eventually admitted that he was in fact carrying about his person and in his clothes a large sum of money in Tongan, US, and other currencies.

The custom officer called in a more senior colleague who continued questioning the accused who initially denied that he was carrying more money, but eventually removed more cash from his trouser.

At this point a male office was called in and more money was found strapped to his leg.

In his report on the case, Acting Chief Justice Cato said the money was worth about TP$149,000.

The more senior of the Tongan  female customs’  officers said that she had asked him about further money and he had pulled out wads of money and placed them on the table.

He said the accused had produced more money in his hand which he had held out and had asked to go on the plane.  She took this to amount to a  bribe. 

In his ruling, Acting Chief Justice Cato ruled that the guilty plea had been carried out under the appropriate legislation and must stand.

“The accused is duly convicted of failure to declare he was carrying currency over TP$10,000 contrary to section 97 of the Customs and Excise Management Act,” Mr Justice Cato said.

The accused was also originally charged with two counts of bribery of a government official and money laundering.

These charges were all dismissed.

Mr Justice Cato is still to sentence Qian.

The main points

  • A passenger who was found with nearly TP$149,000 stuffed into his trousers and strapped to his leg has been convicted in the Supreme Court.

The Supreme Court convicted Qian Xiyun for failing to declare to Customs  that he was carrying more than TP$10,000 of currency

Pōhiva orders flags to fly at half-mast to honour Christchurch racist murder victims

By
Kalino Latu
-

Prime Minister ‘Akilisi Pōhiva ordered all Tongan flags in the country to be flown at half-staff tomorrow Friday 29 to honour those who had been killed in the racist attacks in New Zealand.

“The mark of respect coincides with the “National Memorial Service” that the New Zealand Government is holding at Hagley Park in Christchurch at 10.00am on Friday 29 March,” a statement from the Prime Minister’s office said.

“The decision that all flags in the Kingdom should be flown at half-mast on 29 March was made by Cabinet in its meeting on Friday 22 March, In my earlier message of condolence to the Prime Minister of New Zealand, Rt Hon Jacinda Adern, I had written, “The people and the Government of Tonga weep with you, as you gather your dynamic multi-ethnic whanau around you to nationally mourn and bury the dead, and to reconnect the bonds that make New Zealand the beautiful and loving country it is”.

The Hon Prime Minister also said that a memorial service and flag ceremony for the victims of the Christchurch terrorist attack, and all those affected by it will be held at the Tonga Police Headquarters in Longolongo beginning at 8am on Friday 29 March 2019.

The effects of the Christchurch shooting has been felt throughout the local and international Tongan communities.

As Kaniva Tonga news reported earlier, Members of Parliament took part in a one minute silence to pay respects for the victims of Christchurch’s terror attack.

Acting Speaker Lord Tu’ilakepa said the minute was in respect for the memory of those killed and hurt in the attack on Friday, which left 50 dead and at least 50 injured.

Following the attack Tongan community leaders in New Zealand have called for their people to wear black  as a sign of solidarity with grieving Muslim families.

The community was also asked to meet in Aotea Square  for a Love Aotearoa Hate Racism hui.

Tongan church groups have been holding special prayer sessions for the cessation of terrorism.

The Pulela’a Methodist Church in New Lynn paid their respects to the 50 people killed in the terror attacks by taking its brass band to play outside Imran Reza Mosque in New Lynn.

Congregation members prayed and laid flowers.

According to the 2013 New Zealand census there were 60,336 Tongans living in New Zealand, a 25% population increase since the beginning of the 21st century. Tongans make up 1.5% percent of the total New Zealand population.

New Zealand has financially assisted Tonga with over NZ$20 million each year through its bilateral aid programme with the kingdom.

King’s decision mirrors PM’s advice for petitioners to take concerns to Ombudsman

By
Kalino Latu
-

The king’s decision to investigate and prosecute any breaches of law by some Cabinet ministers, including the Prime Minister, has mirrored the same advice PM ‘Akilisi Pōhiva gave to the petitioners last month.

The petitioners accused the Prime Minister and other Ministers of his cabinet of abusing their powers, breaching the law and corruption.

They demanded the king immediately shut down Parliament and establish an interim government.

They also demanded His Majesty establish a royal commission to investigate the government.

PM Pohiva’s response

Read more: Tongasat a “shell company” and financially weak PM says as battle continues outside court

In his response on February 22 which was sent to Kaniva and other local news media, the Prime Minister said he accepted any criticisms against him, but wanted these criticisms to be factual, accurate and in good spirit.

He recommended the petitioners complain to the Ombudsman, Police, Auditor General or take legal action against any cabinet ministers they accused. 

In Tongan the statement said:

“Ko hono ‘uhinga ia ‘oku toutou kole atu ai ‘e ‘Eiki Palemia kia kinautolu na’a nau fa’u ‘a e Tohi Tangi ke nau launga’i ‘a e kau Minisitaa ‘oku nau tukuaki’i kuo nau maumau’i ‘a e Konisitutone pe ko e lao ‘o e Fonua ki he ngaahi sino Ma’u Mafai faka-lao.”

This translates into English as: “This was why the Prime minister regularly asked the petitioners to lodge their complaints with proper government authorities against the Ministers whom they claimed breached the laws of the nation.”

The complaints

The petitioners accused the Prime Minister of breaking the law and claimed he had declared in Parliament that he was above the law. They also accused the Prime Minister over the Popua national park project.

The petitioners accused the former Minister of Public Enterprises Poasi Tei of importing building materials from China for his own use through containers that belonged to a private company which built a solar farm at Matatoa. They claimed it was planned that after the building was completed it would be rented out to a former CEO of the Tonga Power Ltd for TP$10,000 a month.

The petitioners told the king this was very expensive in comparison with Tonga’s renting rates.

The petitioners also accused Deputy Prime Minister Sēmisi Sika of not paying taxes for 20 years. It also alleged that the Ministry of Revenue attempted to take legal action against Hon. Sika, but that the Prime Minister and the Minister of Revenue intervened.

They claimed the unpaid taxes of the Deputy Prime Minister were worth more than TP$ 1 million.

The petitioners also accused the Minister of Trade and Economic Development, Hon. Tu’i Uata of threatening Ports Authority staff.

They also alleged Hon. Uata temprarily suspended his Ports Authority CEO, Mosese Lavemai, after Lavemai ordered the recovery of an outstanding payment of $400,000 by the Uata Shipping Line, a company belonging to Hon Uata’s parents.

The petitioners said the allegations indicated that there were bad governance, nepotism and, dishonesty and illegal actions by the top leaders of the country.      

PM denies allegations

The February responses from the Prime Minister’s office denied all the accusations raised in the petitions.

The Prime Minister said the statement in Parliament to which the petition referred,  came from what he said in a letter in 1994 to then Attorney General Tevita Tupou. Tupou demanded he apologise after he made a statement about the late King Taufa’ahau, saying he was “a dictator” and accusing him of “financial legerdemain” over the proceeds of sales of Tongan passports to foreigners and revenues of Tongasat.

Pōhiva refused to apologise and a court decision later freed him.

Hon. Pohiva also said in his response to the petitoners there were people in history who lived in societies which had laws, but who breached those laws because they had mission for the people which was more important than those laws. He said the Biblical figure Daniel, who was sent to the lions, was an example as were Martin Luther King Jr in the United State and Mahatma Ghandi of India.

In response to the accusation against the Prime Minister over the Popua Park projects, the Prime Minister said the Auditor General had already dealt with the matter and found the Prime Minister had not breached any laws.

In response to the accusation against Hon. Tei, the Prime Minister said the Chinese company did not give any building materials to Hon. Tei and he did not have any rental house whatsoever.

“The house where Hon. Tei is currently living with his family was built before Hon. Tei was elected to Parliament,” the Prime Minister replied in Tongan.

In his response to accusations made against Hon. Uata, the Prime Minister said the decision to suspend the Authority’s CEO was made by its Board of Directors not the Minister.

Hon. Pōhiva also said the Ports Authority took Uata Shipping to court after it failed to pay its outstanding debts.

The Supreme Court ordered the Authority to sell two vessels belonging to the Uata Shipping Line to help pay off their debts. However, the Authority and the shipping company later met and agreed that Uata would repair its two vessels and operate them so they could make money that would help them pay back their debts.

With regards to the allegation that Hon. Uata had threatened Port Authority staff, the Prime Minister said he had yet to receive any complaint against the Minister.

In response to accusations about the Deputy Prime Minister, Hon. Pohiva said the Ministry of Revenue had issued a statement last year denying the accusation against Hon. Sika which was falsely reported on local media.

There were other accussations against the government raised in the petitions but Hon. Pōhiva said they had been dealt with by the Auditor General in its investigation following a petition submitted to Parliament last year.

King’s  petitions

In response to the petitoners, instead of desolving Parliament, the king ordered the Ombudsman, the Attorney General and the Police Commissioner to conduct an investigation and prosecute “where a prima facie case is established.”

The main points

  • The king’s decision to investigate and prosecute any breaches of law by some Cabinet ministers, including the Prime Minister, has mirrored the same advice PM ‘Akilisi Pohiva gave to the petitioners last month.
  • The petitioners accused the Prime Minister and other Ministers of his cabinet of abusing their powers, breaching the law and corruption.
  • They demanded the king immediately shut down Parliament and establish an interim government.

For more information

Gov’t denies Talaki newspaper article claiming Deputy PM owes TP$1million taxes
PM slams Privilege Committee  for  blocking cabinet responses to ‘Amanaki petition 
Tukutonga: from hazardous landfill to new recreational park
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