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New CEO appointed for Internal Affairs

By
Kalino Latu
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Dr Fotu Kuohiko Valeli Fisi’iahi has been appointed as the new chief executive for Ministry of Internal Affairs.

He would lead the day to day operations of the Ministry in a four-year contract starting on February 25, 2019.

Dr Fisi’iahi previously worked as a civil servant for 21 years in Tonga before he resigned and relocated with his family to New Zealand in 2006.

The Public Service Commission is pleased to announce the appointment of Dr Fotu Kuohiko Valeli Fisi’iahi of Niutoua, Tongatapu as Chief Executive Officer for the Ministry of Internal Affairs with effect from 25th February, 2019 for a period of four (4) years.

Dr Fisi’iahi holds a Doctor of Philosophy (Development Economics) (2007), a Master of Commerce (Industrial Relations) (2000) and a Bachelor of Arts (Industrial Relations) (1999) all from the University Of Wollongong, Australia.

Dr Fisi’iahi’s career in the public service began in 1985 when he was appointed as a Junior Clerk for the then Ministry of Labour, Commerce and Industries, followed by senior positions in the same Ministry including Senior Executive Officer, Assistant Secretary and Deputy Secretary.

In 2006, Dr Fisi’iahi opted for voluntary redundancy and migrated overseas where he was employed by Auckland University of Technology as Senior Research Officer from 2007 to 2009. He was then employed by the UNITEC Institute of Technology as Post Graduate Lecturer/Academic Advisor for the Faculty of Business as from 2010 to 2016.

Dr Fisi’iahi has been working as an Independent Consultant and operate a family business known as Pro Recruit Ltd in Auckland New Zealand, prior to taking up his appointment as Chief Executive Officer for the Ministry of Internal Affairs.

“The Public Service Commission welcomes Dr Fotu Kuohiko Valeli Fisi’iahi’s appointment as the CEO for the Ministry of Internal Affairs and wishes him success in his term in Office.”

Cyclone warning for Fiji and Tonga

By
Kalino Latu
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By Radio New Zealand

Fiji’s weather service is warning that a cyclone is forming which will affect Fiji and Tonga over the next 24 hours.

It says Tropical Depression 11F will be named as a Cyclone at about midnight local time.

Forecaster Samisoni Waqavakatoga says at 3pm on Tuesday the depression was 65 kilometres north-west of Niuafo’ou in Tonga.

Mr Waqavakatoga says it’s travelling south-southwest at 14km/h.

Between 6pm on Tuesday and 6am on Wednesday the system is predicted to track between Fiji’s Lau and Tonga’s Ha’apai groups.

Mr Waqavakatoga says winds will be gusting to 90km/h at that point.

He says the cyclone may intensify in the following 12 hours as it tracks between Ono-i-Lau in Fiji and Tonga’s main island Tongatapu.

This story is republished under Kaniva’s partnership content agreement with Radio New Zealand

Chamber wants better say on legislation, more support for locally-owned business, House told

By
Philip Cass
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The Tonga Chamber of Commerce and Industry wants to sign an MOU with the government to improve consultation between the business community and relevant ministries.

The Chamber wants to sign a memorandum to formalise discussion on pressing issues affecting business, like the Foreign Investment Bill which is before Parliament.

The Chamber said the Bill would have a significant impact on Tongan-owned businesses and wants the government to support local industries that could replace imports.

It also said government neglect had led to the death of the traditional village store.

The Chamber’s comments on the need for consultation were read out in Parliament as part of a report on the Bill 2019.

The Chamber said it believed an effective and regular process of consultation would go a long way in smoothing the growth of business in Tonga.

They also suggested that consultation on business related legislation must be given sufficient time to consider and prepare written submission on pending legislation.

During the debate on the issue last week, Lord Fusitu’a asked that a letter from some businesses which claimed there had been no public consultation on the bill, be read out.

Minister of Labour, Hon. Tu’i Uata denied the allegation and this week told the House the Chamber had  apologised for claiming there was no public consultation.

Drawback

Despite its criticism, the Chamber said the bill was “on the whole…good.”

“Its main drawback is that there is no mechanism in the Bill to ensure that there is ongoing and regular consultation with the Tonga business community on whom the effects of foreign investment will be most felt,” the Chamber said.

The Chamber said it understood that passing the bill would lead to the release of $35 Million in budget support by aid donors.

It said the government should use part of the funds support import substituting business that have operated successfully, such as those in the manufacturing g sector

The Chamber said that when the bill became law it would a significant affect on Tongan-owned businesses.

“The disappearance or death of the ‘village falekoloa’ is a direct result of the government – over the past 20 years – not taking appropriate measures to assist and to protect the Tongan falekoloa,” it said.

The main points

  • The Tonga Chamber of Commerce wants to sign an MOU with the government to improve consultation between the business community and relevant ministries.
  • The Chamber wants a to sign a memorandum to formalise discussion on pressing issues affecting business.

For more information

Report on the foreign investment bill 2016 read in Parliament

Report on the foreign investment bill 2016 read in Parliament

Tongan man arrested after Tongan elderly woman killed in US fire

By
Kaniva Staff
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SAN MATEO (KRON) — Police in San Mateo have made an arrest in connection to a fire that left an elderly woman dead last week.

Authorities say the fire may have been a targeted gang-related attack. 

Fifita Tau, of East Palo Alto, was arrested Friday evening after the San Mateo Police Department’s SWAT team served search warrants at a home on the 2300 block of Oakwood Drive in East Palo Alto.

Detectives say they questioned several individuals at the home — and ultimately determined Tau as the person responsible for the fire. He’s been arrested on arson and murder charges as well as a gang enhancement charge and is now being held without bail at the San Mateo County Jail. 

Tau is scheduled to appear in court Tuesday at 1:30 p.m. 

The deadly house fire occurred Feb. 19 around 4:30 a.m. on the 100 block of South Humboldt Street. The 85-year-old grandmother, identified by police as Susana Tonga, died at the scene. 

Second Queensland fruit fly discovered in Auckland suburb of Northcote

By
Kaniva Staff
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By Radio New Zealand

In total, five fruit flies have been found – three Queensland fruit flies and two Facialis fruit flies, which are native to Tonga, have been found in Ōtara.

The latest find was in what is known as Zone A and was 113 metres from where the first Queensland fruit fly was found, Biosecurity New Zealand said in a statement.

A significant trapping programme has been in operation on Auckland’s North Shore since the first Queensland fruit fly was discovered in Devonport on 14 February.

All traps on the North Shore have been checked. The traps in Zone A are checked daily for the first seven days after the find.

“This latest detection is further evidence that our surveillance programme is working and it is pleasing we still have no indication of an established breeding population,” Biosecurity New Zealand spokesperson Dr Catherine Duthie said.

She said the three Queensland fruitflies, which were all males, could have come from the same piece of discarded fruit and the focus would now be on checking fruit for a breeding population.

“Our trapping and surveillance has been enhanced and this programme will find any further flies in the area.”

Biosecurity New Zealand has 140 staff, contractors and industry partners working on the response.

In addition to the trapping, they are collecting fruit from backyards in Zone A and checking it for larvae. More than 300kg of fruit have been inspected in a mobile laboratory, with no detections to date.

As the movement of fruit and vegetables from Zones A and B is restricted, staff and contractors are continuing to collect disposal bins for processing. Nearly three tonnes of fruit and vegetable waste has been collected from the three suburbs affected – the normal amount of fruit and vegetable waste in these areas.

Instead of putting waste in rubbish bins to be disposed of normally, the waste is being put into the special response bins for Biosecurity New Zealand to dispose of securely.

At the weekend, Biosecurity had a strong presence at the Ōtara Market, supported by community leaders, educating the public about the facialis fruit fly found in the suburb.

“The response and support from the public there was amazing, as it has been in Devonport and Northcote too,” said Dr Duthie.

“This is critical as we need the whole community to pull together on this type of biosecurity response.”

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

Accused to serve six months after court suspends most of sentence for reckless driving

By
Philip Cass
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The Supreme Court has sentenced Vainiaku ‘Aisea, 38, on a charge of reckless driving causing death and reckless driving causing grievous harm.

‘Aisea was sentenced to two years and three months in prison on the first charge and one year and six  months imprisonment on the second charge to be served at the same time.

The last 21 months of his sentence have been suspended on probation on condition that he not commit any imprisonable offence and that he obey the directives of the probation service.

He has been disqualified from driving for 12 months.

The court was told that on July 14 last year ‘Aisea was driving west on the By-Pass Road heading towards Teufavia Park to attend a parade. The speed limit is 40kph, but he was travelling between 50-70 kph.  

‘Aisea was following two vehicles and attempted to pass them. There were vehicles coming in the opposite direction and one of those vehicles, a truck, attempted to pass vehicles in front of it.

Fearing a head on collision, the accused veered to the right and drove off the road into the corner of an intersection where Hinemoa Mahoni, 12, and her sister Katalina Mahoni, 20, were waiting for a bus.

Hinemoa was crushed between a gate and electric post. Katalina suffered injuries to her arm and was released. Hinemoa never regained consciousness and died the next day.

The victims’ father came to Court to support Mr.  ‘Aisea and ask that the Court exercise leniency on his behalf.

“This is a terribly sad case,” Lord Chief Justice Paulsen said.

“One cannot but have considerable sympathy primarily for the victims and their family, but also for Mr. ‘Aisea who has the burden of living with the guilt of what he has done.”

The judge said ‘Aisea had provided money and goods in the traditional Tongan manner to the victims’ family and had been forgiven.

“This is not a case where I can find that Mr. ‘Aisea’s moral culpability was low  nor was the accident the result of a momentary lapse of attention,” the judge said.

“To fully suspend his sentence would fail to recognise that a human life was lost and another person seriously in jured. It would also  fail  to  deter  others  from  taking unnecessary risk on  the road in similar  circumstances.

“I do however consider that a  substantial  suspension  of  the  sentence  is justified.”

The main points

  • The Supreme Court has sentenced Vainiaku ‘Aisea, 38, on a charge of reckless driving causing death and reckless drivingv causing grievous harm.
  • ‘Aisea was sentenced to two years and three months in prison on the first charge and one year and six  months imprisonment on the second charge to be served at the same time. The last 21 months of his sentence have been suspended.

Couple told to pay security deposit to cover costs or long running case will be struck out

By
Philip Cass
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Couple told to pay security deposit to cover costs or long running case will be struck out

A couple who are suing  over claims for damages following the sale of the business and assets of the Seaview Lodge have been told by the Supreme Court that they must provide a security payment for the defendant’s costs by July 26 or the case will be struck out.

Franz and Gudren Strauss are suing Dianne Warner, who acted as receiver, over the sale.

Franz Strauss, a chef, has alleged that Warner unlawfully sold the plaintiffs’ private assets and failed to provide inventories of items sold.

He also alleged that the defendant interfered with the inspection of documents process ordered by the Court and that she has misled the Court.

The Strausses bought the lodge in Nuku’alofa in 2006.

Warner had asked the court to have the action struck out.

The case began in August 2016. A writ was served on warner and other defendants, but the case has not been set down for a hearing.

The Strauss’s were ordered by the court on 22 June 2017 to pay security for costs before the matter could proceed.

Last year the plaintiffs lost an application for leave to appeal Mr Justice Paulsen’s refusal  to set aside  the   Order.

The Strausses have said they want to continue with the case and are considering filing fresh proceedings to obtain information they consider the defendant is not disclosing to them that would support their claim.

The plaintiffs also intend to seek a variation of the Order.  The judge said they were entitled to apply to vary the Order at any time

Lord Chief Justice Paulsen said the plaintiffs must be given more time to comply with the earlier court order or obtain a variation of it so the case can proceed.

The main points

  • A couple who are suing  over claims for damages following the sale of the business and assets of the Seaview Lodge have been told by the Supreme Court that they must provide a security payment for the defendant’s costs by July 26 or the case will be struck out.
  • Franz and Gudren Strauss are suing Dianne Warner, who acted as receiver, over the sale.

As Tongasat case heads for Appeals Court, Former Minister claims Chinese money was intended for Princess’s company

By
Kalino Latu
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Former Minister of Finance Sūnia Fili, who leaked the news of the unlawful transfer of Chinese money to Princess Pilolevu and her satellite company said part of the money was intended for Tongasat.

Fili said while he was Minister of Finance he was given an agreement document which said the government of Tonga and Tongasat had agreed to split the TP$90 million 50 percent each after deducting taxes.

He claimed it was up to the then Prime Minister to change the 50-50 percent agreement and pay Tongansat the whole lot.

As Kaniva news reported in September last year, the Supreme Court ruled that the payment of  tens of  millions of dollars of Chinese grant money to Princess Pilolevu’s satellite company was illegal.

The court said Tongasat was not entitled to the money.

The judgement by Lord Chief Justice Paulsen  was in favour of the action brought by the Public Service Association (PSA), Prime Minister ‘Akilisi Pōhiva and Kingdom of Tonga.

All these payments were approved and paid  according to Tongasat’s requirement on May 11, 2012 while Fili was Tonga’s Finance Minister.

It was reported at the time that Fili queried the then Prime Minister Lord Tu’ivakanō about the payments.

However, as Kaniva news reported in 2014, the government of Lord Tu’ivakanō said Fili was responsible for the payment made to Tongasat and if there was any doubt in his mind as to the legality of the arrangements made by the Sevele administration he should have sought legal advice from Crown Law before making the payment.

Fili said he queried the Prime Minister over the payment and said that in his response Tu’ivakanō jokingly told him to pay it otherwise the princess would “bake them in the ‘umu (oven).”

The illegal transference of the grant to Princess Pilolevu and her company was first reported by Kaniva Tonga News after Fili resigned, leaving the government for the Democratic Party in 2012.

An appeal seeking to overturn last year’s judgement will be heard at the Court of Appeal in April.

The main points

  • The former Minister of Finance who leaked the news of the unlawful transfer of a multi-million Chinese grant to Princess Pilolevu and her Tongasat company said the money was for Tongasat.
  • Sunia Fili said that while he was Minister of Finance he was given an agreement document which said the government of Tonga and Tongasat had agreed to split the $TP90 million 50 percent each after deducting taxes.

For more information

Supreme Court issues declaration on legal status of main points in Tongasat case

Supreme Court issues declaration on legal status of main points in Tongasat case

Top NZ lawyer to file action over Tongasat grant

Top NZ lawyer to file action over Tongasat grant

Supreme Court rejects adoption requests, says it will not provide any legal benefit to children

By
Philip Cass
-

The Supreme Court has turned down a request from a married couple to adopt their children who were born before they were married.

The couple have three children.

In his summary of the case, Lord Chief Justice Paulsen said because they were born while their parents were living together as man and wife but unmarried, they were illegitimate.

The applicant  married in 2015 shortly after the male applicant divorced his previous wife.  The marriage  did not legitimate their children because of the Legitimacy Act.

The parent’s legal counsel said the purpose of the application was to remove the children’s illegitimate status on their birth certificates.

“In a number of cases I have emphasised that adoption generally involves the total substitution of new parents for existing parents, the fundamental purpose of which is to provide a child, who cannot or will not be provided by his or her own parents, with a permanent and secure family life.” Lord Chief Justice Paulsen said.

“This case is of a different type as there is no intention to create a new family unit.

“The applicants have together raised the subject children from birth.

“It cannot be said that the granting of Letters of Adoption is necessary to provide the children with love, care, protection and security within a new family environment.”

The judge said the only reason out forward for granting Letters of Adoption in this case was  that the parents wanted to remove the illegitimate status of the children from their birth certificates.

He said no explanation was given as to why this would benefit the children. Letters of adoption would not confer any legal benefit on the children.

In any case, if the Court were  to  grant  Letters  of  Adoption  new birth certificates would be issued for each child which would make it plain that the registration was made following the grant of Letters of Adoption and that the subject child was therefore necessarily born illegitimate.

“I cannot perceive of a case where the Court would participate in a deception and  grant Letters  of Adoption  to  hide  from  a subject  child the  true  circumstances  of  his or her birth,” the judge said.

The   application for Letters of Adoption was therefore refused.

The main points

  • The Supreme Court has turned down a request from a married couple to adopt their children who were born before they were married.
  • Lord Chief Justice Paulsen said no explanation was given as to why this would benefit the children. Letters of adoption would not confer any legal benefit on the children.

Tonga steps up fight against drugs

By
Kaniva Staff
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By Radio New Zealand

Tonga’s Minister of Police says the fight against illicit drugs and their harmful effects on people is a key priority for the government.

Mateni Tapueluelu said a new agreement with Australia, New Zealand and Fiji police to combat serious and organised crime signals a regional approach to a regional problem.

He said the Tongan government would be increasing staffing levels and police resources.

The Tonga Police Drug Enforcement Taskforce was launched in April 2018 and a total of 154 arrests have been made since then.

The government was also setting up a National Drugs Steering Committee to gather agencies and community leaders together to deal with the problem.

Police Commissioner Steve Caldwell said the international police agreement reflected a will to take the fight to drug dealers moving through Tongan waters, and further protect the country’s people and borders.

Meanwhile the latest arrests this week involved seven people who had 14 packs of methamphetamine.

Matangi Tonga reported the arrests came after drug busts were carried out in three different locations and five men and two women are now in custody while investigations continue.

There have been several police raids involving arrests relating to drugs this month.

Deputy Police Commissioner, Pelenatita Vaisuai, said police were taking proactive measures to rid communities of illegal drugs and he appealed to the public to contact police if they saw any suspicious activity.

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

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