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Tonga Parliament holds minute’s silence for Christchurch racist murder victims

The Members of Parliament in Tonga took part in a one minute silence on Monday morning to pay respects and supports for the victims of Christchurch’s terror attack.

Acting Speaker Lord Tu’ilakepa opened proceedings and orchestrated the silence.

He 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.”

Meanwhile, New Zealand Police Commissioner said this morning in a live-streamed press conference that Police were working relentlessly to complete formal identifications of the victims.

“Today as part of my regular updates I want to talk to the process of returning the victim’s bodies to their loved ones,” Bush said.

His statement is published verbatim below:

Specifically I want to talk about the process of identifying and returning victims’ bodies to their loved ones.

Firstly I expect to be able to return the majority of the bodies to the families by this evening.

As of last night 21 victims have been identified and are available for release to their families.

We expect 27 to have been identified by midday

It was our intention to have this process complete by Wednesday, but some the bodies will take longer to identify.

Victims of are our priority but we also have important obligations.

We must work on behalf of the Coroner to ensure we have the correct identification.

It would be unforgivable to return the wrong body to a family.

Secondly correct identification is required as part of the investigation and is necessary to prove a charge of murder.

I want to again reassure you that we are working relentlessly, doing everything in our power to complete the formal identification processes as quickly as possible.

I have over 100 specialists and experts including Police, DVI, NZDF pathologists, odonatologists and overseas assistance.

Additionally we have excellent support from Coroners, nationally.

Finally I want to clarify one thing around the time it took to apprehend the offender.

I have previously said the offender was in our custody within 36 minutes.

I have now been made aware that, while we had the offender in custody at the Justice Precinct within 36 minutes, it in fact only took 21 minutes from the first 111 call for the offender to be apprehended at the roadside by the two officers.

Referee who quit after receiving death threats from Mate Ma’a Tonga supporters to return to NRL field

The NRL referee who quit after receiving thousands of death threats from Mate Ma’a Tonga fans will return to the NRL field this weekend.

Long-serving Australian rugby league referee Matt Cecchin was criticized after he disallowed a try that would have helped Tonga beat England in the 2017 Rugby League World Cup

Six months after leaving Australia as a result of death threats, Cecchin has been named to take charge of Saturday’s clash between Manly and Sydney Roosters at Lottoland.

Cecchin denied Andrew Fifita a try which would have sent the Tongans into the final against Australia, prompting some fans to bombard him on social media.

Cecchin’s decision to not award the try was later endorsed as correct.

He had planned to head to the English Super League in 2019 however a visa hiccup scuppered those plans.

He returned to Australia and oversaw a NSW Cup game last weekend before being asked to step up to first-grade once again this weekend.

For more information:

Acting Speaker shuts down discussion on new Bills, tells House to come back the next day

Parliament was in uproar again yesterday, Monday 18, as the acting speaker, Lord Tu’ilakepa, appeared to be deliberately using his powers to slow the passage of the governments six new  Bills through the House.

In an act that some people might interpret as retaliation against the government for not allowing more public consultation on its proposed new laws,  Lord Tu’ilakepa demanded the government give reasons why it considered the new Bills were urgent.

The Minister of Police, Mateni Tapueluelu, told Lord Tu’ilakepa he believed he had breached Parliament’s rules.

Lord Tu’ilakepa walked out of Parliament last week along with his noble colleagues after a row with the commoner-led government over the bills. The government has been using talk back radio to gauge public feelings about the legislation.

He returned to the House yesterday with the rest of the nobles.

Lord Tu’ilakepa’s demand came despite clarification by the government benches that the law does not require any reasons to explain why a Bill is considered urgent.

The Acting Speaker cited a letter submitted to the House in February by the Prime Minister.

The letter told the House the government needed to table an Investment bill urgently because it wanted the release of TP$30 million in budget support.

Request to resubmit PM’s letter

MP Mo’ale Finau asked Lord Tu’ilakepa whether he would allow Prime Minister ‘Akilisi Pohiva to resubmit his letter the following day with the reasons for the urgency, but the Acting Speaker did not give a specific reply.

The Prime Minister had already submitted a letter certifying the Bills were urgent, as required by law.

Lord Tu’ilakepa did not accept this.

Reasons for urgency

The Prime Minister told the House the Bills were urgent because most of the government policies were governed by laws that related to the Bills and amendments. He said the government could do nothing because these laws had “ha’iha’i” (tied) them.

The Minister of Justice said there were a number of financial requirements for the government so it could  deal with some of the changes to the court system including a salary of TP$600,000. He said if a Supreme Judge retired this year two Tongan Supreme judges may be appointed.

“…ko e fatongia fakapa’anga eni.  ‘Oku lahi ‘a e ‘u me’a fakapa’anga, ‘e kau ‘i he liliu ko eni.  Ko e ‘uhinga ia ‘emau kole atu, ke tali eni kimu’a ‘i he Patiseti,” the Minister of Justice said in Tongan.

This translates into English as: “these are financial obligations. There are too many financial matters, which relate to these amendments. That’s why we asked you to approve this before the new budget.”

Lord Tu’ilakepa’s response

After heated debates between the noble and the government bench, Lord Tu’ilakepa told the House it had to close for the day and said the Bills were not urgent.

He repeatedly warned the House that MPs could say what they liked, but that he must have the last word. 

The Acting speaker continued to disregard the way in which the government benches interpreted clause 131, which requires the Prime Minister to certify the urgency of the Bills and kept citing the letter written by the Prime Minister in February as an example of what he thought was required.

Lord Tu’ilakepa said that when the Prime Minister certified that the six new Bills were urgent, he should have explained why were they urgent.

However, Minister of Police Mateni Tapueluelu corrected Lord Tu’ilakepa and told him the law only required the Prime Minister to certify that the bills were urgent.

Hon. Tapueluelu said the law did not require the Prime Minister to give the reasons why the Bills were urgent.

Clause 131

Clause 131 of the Rules of Procedure of the Legislative Assembly of Tonga says:

“The Legislative Assembly shall not proceed upon a Bill after its first reading for a period of two weeks or such longer time that the Assembly decides is needed to allow members to scrutinise the Bill, and for the public to make submissions, but this shall not apply to –

(a) Appropriation Bills; and

(b) Bills certified by the Prime Minister to be urgent.”

MP Mo’ale Finau asked the Acting Speaker whether he would accept Hon. Pohiva rewriting  his letter the following day to include the reasons why the government wanted the Bills and the amendments to be passed urgently.

However, Lord Tu’ilakepa did not agree. He said he had the Prime Minister’s letter with him but he was just wanted to question why these Bills were urgent.

MP Finau said he thought Lord Tu’ilakepa wanted the Prime Minister to write the same kind of letter as the one submitted with the urgent Investment Bills. He said Hon. Pohiva could do that and submitted the following day.

In Tongan the noble replied: “ ‘Ikai, ko e me’a pē ia ‘a e ‘Eiki Palēmia kae ‘ikai ke pehē ia keu fakavavevave, kuo ‘osi ‘etau taimi ‘atautolu.”

Time is up

This translates into English as: “No, it is up to the Prime Minister but that does not mean I am in a hurry, our time is up.”

Lord Tu’ilakepa told the House it was better for them to come the next day and continue discussion.

He said he did not want Members to be disappointed with him and how he conducted the House.

He asked Members to pray and asked the Lord to lead them the right way in the House the following day.

He said that was the only reason why he wanted the House to postpone its business until the following day.

For more information

Nobles and Cabinet meeting deadlocked as gov’t blocks decision for another public consultation on new Bills

Auckland’s Pasifika Festival cancelled after Christchurch racist murders

The racist murder in Christchurch has forced the cancellation of the Pasifika festival 2019.

In a statement this morning  Auckland Tourism, Events and Economic Development’s General Manager Destination, Steve Armitage said police must prioritise resourcing to ensure public safety.

He said they have today decided to cancel the Pasifika Festival for the coming weekend, 23 and 24 March.

Initial discussions with New Zealand Police gave us hope that through the festival we would be able to bring Auckland’s communities together at this time of national mourning.

However, given the unprecedented nature of what has happened, we appreciate and respect that the New Zealand Police must prioritise resourcing to ensure the safety of all our communities across Tāmaki Makaurau.

Pasifika Festival will return bigger and brighter than ever in 2020

Fiji community shaken with loss of three in Christchurch mosque attacks

By Johnny Blades of RNZ Pacific

New Zealand’s Fijian community is reeling after three people from Fiji were killed in Friday’s mosque attacks in Christchurch.

The terrorist attacks, which killed at least 50 people and injured 50 more, have also been deeply felt in Fiji itself.

Among those killed in the attacks were Hafiz Musa Patel, an imam from Lautoka, and Ashraf Ali, who had moved to New Zealand from Fiji several years ago.

Imam Hafiz Musa Patel … an imam from Lautoka, Fiji, among the victims. Image: FBC

Another man who died, Ashraf Ali Razat, was in New Zealand on holiday, staying with relatives in Christchurch.

A long time member of Christchurch’s Fijian community, Ravi Prasad, said with the attack so fresh in their minds, people were deeply traumatised.

“People are troubled. Even at homes [they worry] something might happen. So the fear is there,” he said.

“Especially now, we don’t know, when we’re going to worship, you know how we feel about going to churches or mosques or the temples. It wouldn’t be the same as what we were before. Fear will be there.”

Mass outpouring
He said his community appreciated the mass outpouring of support from other New Zealanders.

“A lot of New Zealand, our prime minister [Jacinda Ardern] was just excellent. And they’re all behind us. So at least we can lay down and think we are one, and we do carry… everyone.

“It took just one guy to spoil the whole thing but we are in New Zealand, we are lucky to be in New Zealand, and I think we still believe New Zealand is the best country.”

In Fiji, Prime Minister Voreqe Bainimarama spoke of the need to openly confront hate.

Saying the attacks felt close to home, Bainimarama expressed love and support for the victims and the wider Muslim community.

He called for people to be aware that acts of extreme violence often begin with hateful words and divisive ways of thinking.

“That is why I call on all Fijians across all backgrounds and faiths to join me in making this pledge. And the pledge is: where ever you encounter someone who says something racist and hateful, whether it is online or in person, say something.

‘Have courage’
“Do something, have the courage to call them out, and counter their hatred with vision. Be the voice of love. Be the voice of change.”

Echoing this message of tolerance was New Zealand’s High Commissioner in Fiji Jonathan Curr who attended prayers at Toorak Jame mosque in Suva the previous day.

“In leading our prayers, the Imam spoke words of true grace. He urged us all to be people of peace, regardless of the anger, sorrow, shock and devastation that we feel, we must not open the gates to hatred.”

Meanwhile, the Fiji High Commission in New Zealand has visited families of the three people killed, and is providing consular assistance to the affected community.

A spokesman from the commission summed it up when he said the Fiji community in Christchurch is shaken but resilient, and is taking the opportunity to come together, across all religious and ethnic lines.

The Fiji community in Christchurch will hold a vigil tomorrow at 7pm.

This article is republished under the Kaniva Tonga’s content partnership with Radio New Zealand.

19 people arrested: multiple drug busts keep Police busy until Sunday

Tongatapu police have been kept busy over the weekend with 19 people including one woman were arrested with illicit drugs, cash and ammo.  .

Police officers from the Drug Enforcement Taskforce with the assistance of the Tactical Response Group (TRG) and the Dog Unit, executed search warrants at various locations in Tongatapu.

Police arrested  nine men and the woman with 3.96 grams of cannabis, 44 ammunition and cash on Friday 15.

On Saturday 16 Police arrested seven men with 14.14 grams of cannabis, 5 ammunition and cash.

A 40-year-old-man of Lapaha was arrested at Ngele’ia with 21 pack of methamphetamine (14.06 grams) yesterday Sunday 18. A 32-year-old-man from Vaini was also arrested yesterday with 1.17 grams of cannabis.

All suspects are in police custody while investigation continues.

Deputy Commissioner Pelenatita Vaisuai said that Police are committed to disrupt and detect the supply of drugs and hold those responsible to account.

“Police, Partner Agencies and Community together will win this war against drugs and safeguard our children and the future of Tonga from its ill effects,” a Police statement said.

“We encourage anyone who may have information about drug related offending to contact their nearest Police station, or ring 23417 or 922.”

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

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

One News reported this evening that Tongan community leaders have also asked Tongans to meet in Aotea Square this Sunday at 2pm for a Love Aotearoa Hate Racism hui.

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

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

Religious communities throughout New Zealand have responded with similar support.

Commissioner Andy Westrupp, Territorial Commander of The Salvation Army New Zealand, Fiji, Tonga and Samoa condemned what he called  “an unprecedented act of violence in Christchurch towards people who were peacefully at worship”

“The horror of these attacks reminds us of our shared humanity and the urgent need to stand for love and peace. Everyone will do that in their own way, but regardless of religious belief, caring is a response that we can all share.”

New Zealand’s Catholics bishops have expressed their solidarity with the country’s Muslim community after mass shootings at two mosques killed nearly 50 people on Friday morning.

In a statement, the heads of New Zealand’s six Catholic dioceses said they wished the Muslim community to “be aware of our solidarity with you in the face of such violence.”

Friday’s massacre has touched some Tongans in personal ways.

In Lower Hutt, Tongan mother Pesi Vaioleti said she was heart broken to see the events in Christchurch.

She said the hatred was affecting the country’s children.

Her son attends a Muslim kindergarten next to the town’s mosque, which has been closed on police advice.

Vaioleti is a member of the Church of Latter Day Saints, but said she wanted her son to accept all cultures and religions.

Latest developments

In the latest developments, Prime Minister Jacinda Ardern has promised that reforms of gun laws will be announced within 10 days.

According to Al Jazeera, the government’s rapid response on gun control has bewildered some Americans, who are used to their government expressing sympathy to the victims of the country’s frequent shootings, but never actually doing anything to control guns.

Internet providers in New Zealanders are working to deny access to the footage streamed by the gunman during the attack. Facebook has been heavily criticised for carrying the footage.

In Australia, the focus has shifted to angry responses to statements by Queensland Senator Fraser Anning, who appeared to blame the victims for the massacre.

In the UK, several people have been arrested for threatening taxi drivers that they would “do a Christchurch” on them. In some parts of the UK, taxi drivers are predominantly Muslim.

And in the US, Reuters has reported that mosques have increased security since the shootings. The Council on American-Islamic Relations said CAIR, the largest Muslim rights group in the United States, said Muslims and other minority groups had faced a surge in bigotry since Donald Trump won the 2016 U.S. presidential election.

A CAIR statement blamed this in part on what it described as “Islamophobic, white supremacist and racist Trump administration policies and appointments.”

Reuters said the man accused of Friday’s massacre posted a manifesto online which praised Trump as “a symbol of renewed white identity and common purpose.” The White House did not respond to a request for comment. 

The main points

  • Tongans living in New Zealand have been asked to wear black this week as a sign of support for the country’s Muslim community.
  • One News reported this evening that Tongan community leaders have also asked Tongans to meet in Aotea Square this Sunday at 2pm for a Love Aotearoa Hate Racism hui.
  • Tongan church groups have been holding special prayer sessions for the cessation of terrorism.

For more information

Lower Hutt Muslim kindergarten closed after Christchurch mosque shootings

https://www.stuff.co.nz/national/crime/111362177/lower-hutt-muslim-kindergarten-closed-after-christchurch-mosque-shootings

Gun law reforms to be announced ‘within 10 days’ of the attack – PM says

https://www.tvnz.co.nz/one-news/new-zealand/live-gun-law-reforms-announced-within-10-days-pm-says

Call for love and peace – Salvation Army response to Christchurch mosque shootings

https://www.salvationarmy.org.nz/news/call-love-and-peace-salvation-army-response-christchurch-mosque-shootings

Catholic leaders condemn attack on New Zealand mosques

U.S. mosques increase security after New Zealand attack

https://www.reuters.com/article/us-newzealand-shootout-reaction-usa/u-s-mosques-increase-security-after-new-zealand-attack-idUSKCN1QW2E4

Terror attack aftermath: Bodies of victims laid to rest today

By Radio New Zealand

At Memorial Park Cemetery in Christchurch, swarms of lawnmowers ride back and forth, council workers prune bushes and pick up rubbish, and scores of heavily-armed police slowly wander among the headstones.

Fifty graves have been dug for the victims of Friday’s terrorist attack and some of the bodies are expected to be laid to rest today.

A temporary fence was set up around a large section of the cemetery on Saturday, behind which diggers have been excavating the graves.

Latef Alabi is the assistant Imam at the Linwood Mosque where at least seven people were killed.

He said the bodies of some of the 50 dead were due to be returned to their families this morning.

Once the bodies have been washed, in accordance with Islamic custom, he expected some of the burials would take place today.

“They’ll start with the washing and then arrange for the burial. I don’t know exactly what time will that happen.”

He said washing the bodies would be a long and difficult process.

“It’s a large number of dead bodies so I believe it will take some time.”

He was not sure whether all of the dead would be buried here. Some families could want their loved sent back to the country of their birth.

“Probably, we will try to form groups. Like, this group takes care of three or four bodies, this group takes care of three or four bodies. Something like that.”

Andrew MacBeath lives opposite the cemetery.

Workers at the cemetery.

Workers at the cemetery. Photo: RNZ / Matthew Theunissen

“I was just here to see if a friend would come down, Omar,” he said.

“He’s lost his dad. It’s so sad. So sad.

“The thing is, we’ve got to watch it all now too. We’ve got to watch all the bodies come in and everyone come up. We can’t move. Surreal, the whole thing is just surreal.”

Media from all over the world are posted on a lawn across the road, appearing unsure about how to approach such a delicate part the tragedy.

Shabir Khan and Zainal Ali were among a group of men who arrived at the Memorial Park Cemetery this morning.

Mr Khan said the group had flown from Auckland to show their support for their brothers and sisters.

“It’s a sad moment for the family and a sad moment for the community.”

He said it had been difficult for the families to wait to retrieve the bodies of their loved ones but they knew it wasn’t in their hands.

“The burial is supposed to be as soon as possible but we do understand that it’s from the God, it’s all written the day they’re going to die and the day they will get buried.”

Mr Ali said people were shaken up but the community would recover.

“It’s a very shocking thing in New Zealand. I’ve been here for 24 years.

“The community and all the different cultures are getting together and they are all supportive and people will recover.”

He said he had visited the Christchurch Hospital.

“In the medical wards we met the families. We saw patients lying on beds fighting for their lives.”

This article is republished under Kaniva’s content partnership with Radio New Zealand.

Mosque attacks: Burying the Christchurch dead, with respect and dignity

By Radio New Zealand

Volunteers are gathering in Christchurch to help give mosque shooting victims dignity and respect in death.

Salwa Mustafa didn’t need a formal identification process to confirm her husband Khalid was dead. She watched him die of his injuries in Christchurch Hospital.

“He was laying there, shot, taking his last breath, I sat beside him maybe half an hour, maybe more, I can’t remember, watching him dying. I saw he was shot in his head and neck and leg and his arm … and after that he died.”

Her 16-year-old son Hamza was killed too, gunned down next to his father at the Masjid al-Noor mosque on Deans Ave, in Riccarton.

But three days after New Zealand’s worst act of terrorism, Mrs Mustafa was still waiting yesterday evening for her son and her husband to be returned to her.

“I don’t know what they [the hospital authorities] are doing… The graves are already prepared and we’re just waiting until they give us the bodies and we will do that. That is respect for the dead bodies, to bury them after they are dead as soon as possible.”

For the families of the mosque shooting victims, the wait for their loved ones’ bodies to be returned has been agonising.

The formal identification process is painstaking, time-consuming and – police and other authorities say – absolutely necessary.

But it butts up against Islamic funeral rites, which specify – as Mrs Mustafa points out – that the burial should take place quickly.

Islamic Federation president Mustafah Faruq said that was for spiritual reasons rather than practical ones.

“It’s not because the body will decompose or anything like that. It’s about bringing conclusion to individuals.”

Unlike Pākehā or Māori culture, there is no long wake or tangihanga, he said.

“We don’t remember by physically looking at them or by putting their pictures up or by doing other stuff.

“The way we remember people is through our prayers. When I conduct my prayers … all my loved ones who have passed away, I pray for them and their image comes to me and I can see them.”

As the wait continues, Mr Faruq’s organisation has been amassing volunteers from around New Zealand to assist with funeral and burial rites – so that when victims are returned to the people who love them, there is no further delay.

“Right now we have close to 30 individuals who are very well-versed in the processes involved in Islamic burial, they are in Christchurch.”

Another 20 Islamic scholars have also arrived in the city, ready to preach and provide counsel to the families, Mr Faruq said.

The city council has been supportive, providing land for graves to be dug and a space where the bodies can be prepared, following the process of al-Kafan.

First, Mr Faruq says, each person will be washed. Volunteers with expertise in Islamic funeral rites and experience in handling bodies will be there, but family members can help.

“Once that person is washed, then the body will be shrouded in two pieces of white cloth. It doesn’t matter who the person is – they could be the prime minister, or the president; it could be the richest or the poorest – everybody will be shrouded in these two pieces.”

That simplicity applies to the burial itself.

“We don’t normally bury people in a casket. Every body, whether it’s brought in a casket or a bier, will be taken off, it will be [placed in the grave], there will be wood that can be put on top of it and then soil will be put on top.”

Both the shroud (the kafan) and the form of burial hold the same special symbolic importance, Mr Faruq said.

“When we pass away we are not taking anything with us. For those who are alive when this process is taking place, the lesson for them is to keep remembering that everything will come to an end.

“The wealth we accumulate, the power we accumulate, and all other ordinary pursuits that we have, have come to an end.”

If someone is buried in a very expensive casket – or a very cheap one – the differences that dogged them in life will follow them to the graveyard, Mr Faruq says.

“We want, at the time people die, to bring everybody to the same level so that people realise it’s better to focus on living together peacefully, harmoniously, sharing and being happy; rather than the rat-race [and] accumulation.”

Council grave-diggers, who are aware of the requirements, will align the graves in such a way that when the person is placed, lying on their right-hand side, in a small cavity at the bottom, they will face in the direction of Qibleh – aligned with Mecca, as in prayer.

Those tasked with handling the bodies are not new to the job, but they have been offered any support they need, Mr Faruq said.

“They probably have not handled people who are traumatised in the way these people have been traumatised.

“Psychologically they are prepared but they are going to be working very closely with the police liaison officers and the coroner [and] if any of the bodies are traumatised they will be informed in advance.”

Before the process begins, family members will be given plenty of time to decide when and where they would like their relatives to be buried, he says.

“Burial can be done either in small numbers or collectively… We will offer whatever they need to get that burial done.”

There is one rule to obey above all, though: “We treat the body with respect.”

This article is republished under Kaniva’s content partnership with Radio New Zealand.

Tribunal says Tongan woman must be deported, but may apply for new visa

The New Zealand Immigration and Protection Tribunal has ordered an 18-year-old Tongan woman to be deported.

The woman applied for a visitor’s visa to come to New Zealand in October 2017.

She said the purpose of her visit was to attend a birthday celebration in New Zealand on January 13, 2018.

On this basis, she was granted a visitor’s visa valid to January 31, 2018.

In January 2018, the appellant applied for a further visa for seven  more months on the grounds that she wanted to spend more time with her family and do sightseeing in New Zealand.

She promised that she would not breach her travel condition, but would return to her home country well before her visa was due to expire. She was granted another visitor visa, valid until September 2018.

In May 2018, her application for special registration under the Pacific Quotas scheme for Tonga was unsuccessful.

The appellant became unlawfully in New Zealand on 15 September 2018.

The Tribunal said the woman had entered and was allowed to stay in New Zealand on temporary visas without entitlement to, or legitimate expectation of, ongoing immigration status.

“She was well aware that her visitor visas allowed her only a limited time in New Zealand, and she undertook to return to her home country well before her visa was due to expire,” the Tribunal said.

“She has, however, remained here for four months after the expiry of her visa.

“In Tonga, the appellant will return to the place where she has lived the   great majority of her life, and where she is well familiar with the local language and lifestyle.

“She will be reunited with her parents, younger siblings and wider family. By contrast, she has lived only a short period in New Zealand”.

The Tribunal said that while deportation could cause her, her grandmother and other family members disappointment and emotional upset, the High Court had held that test of “exceptional circumstances of a humanitarian nature” could not be equated with compassionate factors.

The Tribunal said it was not satisfied that she had met the high threshold required for exceptional circumstances of a humanitarian nature and must be deported.

However, it said that on her return to Tonga the woman could apply for further visas to return   to New Zealand.

The decision on any such application would lie with Immigration New Zealand and the Tribunal could not provide any guarantees in this regard.

The main points

  • The New Zealand Immigration and Protection Tribunal has ordered an 18 year old Tongan woman to be deported.
  • The Tribunal said the woman had entered and was allowed to stay in New Zealand on temporary visas without entitlement to, or legitimate expectation of, ongoing immigration status.