Home Blog Page 578

Supreme Court sends Kautoke case back to Tribunal for second time in six-year dispute

By
Philip Cass
-

The Supreme Court has ordered the Public Service Tribunal  to re-hear an appeal relating to the dismissal of former CEO of the Prime Minister’s Office, Busby Kautoke.

Lord Chief Justice Paulsen said he had very reluctantly decided to send the case, which has been the subject of protracted legal argument for six years, back to the Tribunal.

“This case has gone on far  too long  and this is now the second time that this Court has felt it necessary to set aside a decision  of  the Tribunal in relation to the same matter,” the judge said in a report released last Friday.

He made the order following an appeal by the Public Service Commission for a judicial review of a decision of the Public Service Tribunal April 18,  2017  allowing  Mr Kautoke’s appeal from the decision of the PSC terminating his employment as Chief Secretary and Secretary to Cabinet.

In that decision the Public Service Tribunal overturned Mr Kautoke’s dismissal August 2012.

As Kaniva news reported at the time, the Tribunal said the charges laid against Mr Kautoke were invalid and could not be used to terminate his contract under any provision of the Public Service Act 2002; any Public Service Regulations or  the Public Finance Management.

Last week’s judgement in the Supreme Court was the second action for judicial review between the same  parties.  The  first  action followed  an earlier decision by the Tribunal  of  March 21,  2013 allowing Mr. Kautoke’s appeal from the Public Service Commission’s decision to terminate his employment.

The PSC argued last week that the Tribunal had erred in five areas in its 2017 decision. The court ruled that the Tribunal had erred in five key areas.

Lord Chief Justice Paulsen found that one of these errors, namely that the tribunal had ignored evidence  and advice regarding the original charges against Mr Kautoke, was sufficient for him to send the matter back to the Tribunal.

“Mr. Kautoke’s appeal is referred back to  the  Tribunal  and  it  shall,  after  hearing from  the parties, re-determine  the appeal in accordance with  this  judgment,” he said.

The Public Service Commission saked Mr. Kautoke’s in 2012 on the grounds that he had failed to ensure that the Prime Minister’s Office (PMO) kept vouchers for payments made from public funds in order to allow for proper accounting records and for audit purposes.

From December 2008, the PMO was delegated responsibility for dealing with parts of the Constitutional and Electoral Reform Programme (CER) fund, donated by the Australian and New Zealand Governments. This was in addition to what was referred to as the PM’s office advanced account.

During the period of Mr. Kautoke’s  employment  various  audits  of  the PMO’s  accounts  were undertaken. The first audit report produced by the Auditor General in June 2011 concluded that  the PMO’s record keeping had been very poor  and  did  not  meet  accepted  legal standards.

Large sums of money were said to be unaccounted for, with no proper record of how money had been spent or whether it had been spent within guidelines. Subsequently a number of other audits were held, including one organised by the New Zealand High Commission. During these audits more vouchers and records were unearthed, but substantial sums of money were still unaccounted for. A subsequent investigation by the Public Service Commission auditor in March 2012 concluded that correct supporting documentation had still not been provided for 229 payments, the total value of which came to $796,432.10.

A final audit report was subsequently obtained from the Audit Office in May 2012. The Audit Office found that supporting documentation for 229 payments with a total value to $937,730.21 had still not been provided. The report also advised that the vast bulk of the payments had seemingly been categorised as being for salary, other benefits and travel, which breached a directive regarding the use of the PMO’s account.

The PSC decided to terminate Mr. Kautoke’s employment on August 8, 2012.

Lord Chief Justice Paulsen said in last week’s judgement that there was no suggestion that Mr. Kautoke misappropriated or misdirected funds. He said the Public Service Commission argued that that there had been significant omissions in the keeping of proper records and the subsequent “fall-out” from them occurred under Mr. Kautoke’s watch and that he must bear the ultimate responsibility.

The judge said the “fall out” referred to by the PSC  was that the Tongan Government had been  embarrassed by having to repay $212,196.40 to the New Zealand and Australian Governments from money  donated  to Tonga’s Constitutional and Electoral Reform Programme project.

The main points

  • The Supreme Court has ordered the Public Service Tribunal to re-hear an appeal relating to the dismissal of former CEO of the Prime Minister’s Office, Busby Kautoke.
  • Lord Chief Justice Paulsen said he had very reluctantly decided to send the case, which has been the subject of protracted legal argument for six years, back to the Tribunal.
  • “This case has gone on far too long  and this is now the second time that this Court has felt it necessary to set aside a decision  of  the Tribunal in relation to the same matter,” the judge said.

For more information 

Tribunal overturns Cabinet Secretary’s dismissal; orders PSC to pay court costs

Tonga elected as Vice President of the International Solar Alliance

By
Kaniva Staff
-

Press Release

Tonga was elected Vice President of the International Solar Alliance (ISA) representing the Asia Pacific regions at its first General Assembly, which was held in New Delhi, India from the 1st-3rd October, 2018.

This is the recognition of Tonga’s effort in promoting renewable energy and energy efficiency in the region, and its early ratification of ISA. Tonga is also hosting the region’s Pacific Centre of Renewable Energy and Energy Efficiency (PCREEE).

Tonga’s Energy Minister, Hon. Poasi M. Tei said, “Tonga will be holding the ISA Vice President position for a two-year term. This is a significant position held by Tonga in one of the newest and largest international solar organisation in the world.”

Led by Tonga’s Energy Minister, Hon. Poasi M. Tei, accompanied by Dr. Tevita Tukunga and Mr. ‘Ofa Sefana of the Department of Energy (MEIDECC), the Tongan delegation was able to join 120 countries, and over 275 speakers and global energy leaders deliberating on the roadmap for a new energy future.

ISA seeks to serve solar technology deployment requirements of the solar resource rich member countries located between the Tropic of Cancer and Tropic of Capricorn. Most of these countries are geographically located for optimal absorption of the sun’s rays.

Tonga’s Energy Department, through its National Focal Point, the CEO for the Ministry of MEIDECC, Mr. Paula Pouvalu Ma’u has officially lodged multimillions worth of solar projects to the ISA for funding.

The proposed projects will bring a total 3.23MWp solar technology capacity to the Kingdom, which will be focussing  mostly on outer-islands’ full service household electrification, and providing power energy to agricultural, tourism and water supply sectors, as well as capacity development.

MEIDECC is expected to increase its proposed project cost to cater for on-grid electrification with additional battery energy storage system.

In inaugurating of the assembly, the Indian Prime Minister, Hon. Narendra Modi said, “The ISA will play the role of OPEC in the future. The role played by oil wells today will be taken over by the sun rays. ISA will meet the energy requirement of the world in the years to come.”

He said that the nature is now indicating the options such as solar, wind and water, offer more sustainable energy solutions.

UN Secretary General Antonio Guterres said, “Climate Change is an existential threat to all of us. The solution is act now to reduce gas emission and this ISA represents exactly what needs to be don e and represents the future.”

“I applaud your goal of mobilizing $1 trillion dollars towards the deployment of 1,000 gigawatts of solar energy by 2030.”

Mr. Guterres said that it is clear that we are witnessing a global renewable energy revolution, and solar energy is at the centre of this revolution.

The ISA’s Interim Director General, Mr. Upendra Tripathy was also elected as the 1st Secretary General of the assembly.

Banabans of Rabi short climate change documentary chosen for Nuku‘alofa

By
Kaniva Staff
-

The trailer for Hele Ikimotu and Blessen Tom’s short Bearing Witness documentary. Video: Banabans of Rabi

Pacific Media Watch Newsdesk

A short documentary, Banabans of Rabi – A Story of Survival, by Hele Ikimotu and Blessen Tom of Auckland University of Technology’s Pacific Media Centre, has been selected for the 2018 Nuku’alofa Film Festival in Tonga next month.

This is a film produced out of the three-year-old Bearing Witness climate change project, a research and publication collaboration between the PMC and its documentary partner Te Ara Motuhenga, and the Pacific Centre for Environment-Sustainable Development (PaCE-SD) and the Regional Journalism Programme at the University of the South Pacific.

Banabans of Rabi: A story of Survival.

According to the filmmakers: “During the Second World War, the inhabitants of the island of Banaba were forcibly displaced to Rabi Island in Fiji due to phosphate mining by the British Phosphate Commission.

“The island of Banaba was decimated and the Banabans had to start afresh in Rabi. The documentary follows the people in Rabi and sheds light into the problems that they face now, especially with climate change.”

Film maker Blessen Tom said on the documentary’s Facebook page: “It’s an amazing news for all of us. The festival will be the first time the full documentary is screened in public.

“Super excited for the Pacific screening. If you’re in Tonga on November 22-23, be sure to visit us.”

Documentary maker and senior lecturer Jim Marbrook said: “This is great and it’s a very cool first step,” adding that plans should be made for other film festival entries.

Pacific Media Centre director Professor David Robie said: “This is a tremendous achievement for starters and a reward for the really hard work that Blessen and Hele have put into making this quality and inspirational doco.”

The 2018 Nuku’alofa Film Festival.

The Kaniva Tonga news has a content sharing arrangement with Pacific Media Centre.

Princess Angelika to welcome Prince Harry and Meghan Markle on arrival in Tonga

By
Philip Cass
-

Details have emerged of Prince Harry and Meghan Markle’s visit to Tonga during their upcoming royal tour of the Pacific.

They will fly from Fiji to Tonga on day 10 of their 76 date tour, which begins later this month.

They will fly from Fiji to Tonga on October 25 and will be met at Fua’amotu Airport by Her Royal Highness, the Princess Angelika Lātūfuipeka

They will then attend a private audience with King Tupou VI and Queen Nanasipauʻu followed by an official reception and dinner at Consular House.

On October 26 they will visit Prime Minister ‘Akilisi Pōhiva at the St George Building

The Duke and Duchess will then attend an exhibition of Tongan handicrafts and products with Princess Angelika at the Fa’ōnelua Centre.

They will then dedicate two forest reserves at Tupou College.

The royal couple will then be officially farewelled by King Tupou at the royal palace before flying to Sydney.

According to Kensington Palace this will be the Duke and Duchess’s first joint visit to Australia, New Zealand, Fiji and Tonga.

The Palace said the tour would focus on youth leadership, environmental and conservation projects and the recovery and rehabilitation of servicemen and women.

The main points

  • Prince Harry and Meghan Markle’s will fly from Fiji to Tonga on day 10 of their 76 date tour, which begins later this month.
  • They will fly to Fua’amotu Airport on October 25 where they will be welcomed by Her Royal Highness, Princess Angelika Latufuipeka.

For more information

Everything We Know So Far About Prince Harry and Meghan Markle’s Upcoming Royal Tour

Meghan Markle and Harry’s Commonwealth tour

Mate Ma‘a Tonga coach praises squad, names Sika Manu captain for clash with Australia

By
Philip Cass
-

Tongan captain Sika Manu will lead Mate Ma’a Tonga against Australia on October 20 after being cleared of a serious knee injury.

The on-again off-again match will finally happen when the two sides take the field at Mt Smart stadium.

Manu damaged ligaments while playing for Hull FC against St Helens.

It was thought his injury would rule him out of the Mt Smart match, with Hull coach Lee Radford saying he would not play for the rest of the season.

However, Tongan coach Kristian Woolf has named Manu in the 19 man squad for the test.

Woolf said being able to bring back Sika as captain was “a big plus.”

Manu, 31, has played 11 tests for the Mate Ma’a since switching his allegiance from New Zealand in 2013.

Woolf said he was pleased with the calibre of the squad who would face Australia.

“We realise there is a huge challenge ahead of us in player the current World Cup holders, so we are extending every resource we can to give this challenge our absolute best effort,” he said.

The Tonga squad will travel to New Zealand next week for a pre-match camp in Hamilton before basing themselves in Auckland in the week of the Test.

Woolf has named the followings squad for Mate Ma’a Tonga:

Andrew Fifita – Cronulla-Sutherland Sharks

Addin Fonua-Blake – Manly Warringah Sea Eagles

David Fusitu’a – Warriors

Siliva Havilli – Canberra Raiders

Ata Hingano – Canberra Raiders

Will Hopoate – Canterbury-Bankstown Bulldogs

Konileti Hurrell – Gold Coast Titans

Michael Jennings – Parramatta Eels

Solomone Kata – Warriors

Sione Katoa – Penrith Panthers

Tuimoala Lolohea – Wests Tigers

Sika Manu – Hull FC

Ben Murdoch-Masilla – Warrington Wolves

Joe Ofahengaue – Brisbane Broncos

Tevita Pangai jnr – Brisbane Broncos

Jason Taumalolo – North Qld Cowboys

Siosiua Taukeiaho – Sydney Roosters

Peni Terepo – Parramatta Eels

Daniel Tupou – Sydney Roosters

Coach: Kristian Woolf

Development players: Robert Jennings (South Sydney Rabbitohs) and Leivaha Pulu (Warriors)

The main points

  • Tongan captain Sika Manu will lead Mate Ma’a Tonga against Australia on October 20 after being cleared of a serious knee injury.
  • It was thought he would not be able to play against Australia before coach Kristian Woolf named him in the 19 man squad for the test.
  • Woolf said being able to bring back sika as captain was “a big plus.”

For more information

Manu cleared of knee injury to lead Tonga

NZ Court of Appeal upholds six year sentence against Tongan man for strangling woman

By
Philip Cass
-

The New Zealand Court of appeal has upheld a six year sentence imposed upon a Tongan man, Unaloto Ki Polutu Tonga Lufe.

Lufe was convicted before Judge Treston on a charge of injuring with intent to cause grievous bodily harm,  attempting to pervert the  course of justice  and  breaching release conditions.

Lufe appealed against the length of his sentence and the ruling that he must serve a minimum of three years.

At his original trial, Lufe pleaded guilty to charges of attempting to  pervert  the  course  of  justice  and  breaching  release  conditions.

He denied the charge of injuring with intent to cause grievous bodily harm, but was convicted by a jury.

The jury found he had strangled a woman twice while she was six months pregnant.

The court report said Lufe had used “extreme and repeated violence” against the woman.

“There is an inherent danger to life associated with such attacks, and the victim’s description of the effects of the attacks on her compels the conclusion that her life was endangered,” the court report said.

“The victim was vulnerable. She was six months’ pregnant.

“The attack occurred in the victim’s home, a place where she is entitled to be secure and safe.”

The Court of appeal therefore upheld the cumulate sentence for all the offences of six years and said it would have upheld a longer sentence..

However, it reduced the minimum period to be served to two years and three months.

The main points

  • The New Zealand Court of appeal has upheld a six year sentence imposed upon a Tongan man, Unaloto Ki Polutu Tonga Lufe.
  • Lufe was convicted before Judge Treston on a charge of injuring with intent to cause grievous bodily harm, attempting to pervert the course of justice and breaching release conditions.

New agreement means faster passage through quarantine for travellers taking food into NZ

By
Philip Cass
-

Passengers taking ‘umu and fish on flights from Tonga to New Zealand will be able to get through quarantine more quickly thanks to a new agreement with Biosecurity New Zealand.

The Ministry of Agriculture has signed a memorandum of understanding that covers the quarantine certification of food taken into New Zealand.

Head of Biosecurity New Zealand Roger Smith said the agreement meant Tongan passengers would bypass long queues in quarantine when they landed in New Zealand.

He said Tonga posed a low biosecurity risk to New Zealand.

The Ministry’s CEO, Dr. Viliami Manu, said the MOU showed Biosecurity New Zealand trusted Tongan quarantine officers to carry out the certification process.

Smith told the Tongan Broadcasting Commission the agreement allowed Tongan officials to check food before it went to New Zealand and certify it as safe.

“Anybody who arrives in Auckland airport carrying a lot of ‘umu packs knows that sometimes the process is quite slow, and this should speed up the process,” he said.

“This should speed up the process.

“Travelers from the Kingdom of Tonga, pose a low risk.

“This signing is in recognition that you have good systems in place here for the passengers.”

The main points

  • Passengers taking ‘umu and fish on flights from Tonga to New Zealand will be able to get through quarantine more quickly thanks to a new agreement with Biosecurity New Zealand.
  • The Ministry of Agriculture has signed a memorandum of understanding that covers the quarantine certification of food taken into New Zealand.

Asian Development Bank forecasts Tonga will face higher inflation in 2019

By
Philip Cass
-

The Asian Development Bank has predicted that inflation will rise in Tonga during 2019 because of lingering effects from Cyclone Gita and higher fuel prices.

Overall economic activity was expected to pick up in the first half of the 2019 fiscal year.

Recovery would be driven primarily by government-led cyclone reconstruction and supported by strong growth in private credit, which will spur activity in various sectors of the economy.

However, government reconstruction and rehabilitation projects would shrink the budget surplus in 2019.

The higher volume of imports needed for the projects would increase the budget deficit.

Government finances would also be affected by its intention to start repaying a large loan from China.

The Asian Development Outlook 2018 Update said Government revenue increased only slightly from the 2017 fiscal year as a substantial contraction in grants offset higher tax revenue.

Increased spending driven by higher public sector wages, initial reconstruction expenses, and the maintenance of existing infrastructure is estimated to have narrowed the budget surplus.

Despite this, Tonga’s current account was estimated to have recorded a small surprise surplus derived from higher than expected tourism income and emergency assistance following Cyclone Gita.

For more information

Asian Development Outlook 2018 Update

Biogas generators could help bring down electricity costs say visiting German scientists

By
Philip Cass
-

Recycling plant and animal waste to generate electricity could replace diesel power in Tonga, according to a visiting group of German scientists.

The German team, from Trier University of Applied Sciences, said biogas generation using waste material could immediately bring down the cost of generating power.

According to Tonga Power Ltd, more than 91% of Tonga’s electricity consumption is supplied by generators fuelled with imported diesel.

The government plans to generate half its power from renewable sources by 2020.

Biogas generation using waste material is already used to generate some household power in Tonga. In Germany it is used on an industrial scale, with 10,000 generators operating.

Most renewable energy developments in Tonga and the Pacific Islands are based on solar and wind energy, which can be affected by cloud cover and a drop in wind speed.

The German team said that it implemented properly, biogas generation created  circular economy in which there was no waste

The biomass generator could also produce organic fertiliser.

It said saafa grass could be harvested and used in the biogas process.

Tonga’s Energy Minister, Hon. Poasi Tei, recently led a Pacific delegation to see how biogas was used in Germany.

“We are looking for a technology that would immediately lower the costs of power generation and be sustainable in the long term,” Hon. Tei said.

The German team was in Tonga as part of a visit organised by the Pacific Community’s Centre for Renewable Energy and Energy Efficiency.

They will return to the kingdom in Tonga to hold talks with the government.

Wind plant

Meanwhile, a Japanese-funded windmill is expected to supplying six percent of the kingdom’s renewable energy by June next year.

King Tupou VI recently launched construction of the wind power generator at a ground breaking ceremony at Niutoua.

The windmill is a joint project with the Japanese International Co-operation Agency (JICA

The main points

  • Recycling plant and animal waste to generate electricity could replace diesel power in Tonga, according to a visiting group of German scientists.
  • The German team, from Trier University of Applied Sciences, said biogas generation using waste material could immediately bring down the cost of generating power.
  • According to Tonga Power Ltd, more than 91% of Tonga’s electricity consumption is supplied by generators fuelled with imported diesel.

For more information

Tonga exploring cheaper and sustainable electricity

‘Trash is gold’ as Benin community turns waste into biogas

Japanese International Co-operation Agency 

Exchange rates caused $74m loss; Tongasat payments unlawful, says Tu‘i‘onetoa

By
Kalino Latu
-

A TP$74 million government loss in the Auditor General’s report to Parliament last week on the government’s 2017 accounts was caused by the high foreign exchange rates, Minister of Finance Pōhiva Tu’i’onetoa said.

Hon. Tu’i’onetoa, a former auditor general, said the loss could become a profit next year if the Tongan currency traded more strongly against foreign currencies.

The $74 million was the total amount of loss after the government’s assets and liabilities which were in foreign denominations had been exchanged into Tongan pa’anga.

The Minister was responding after Opposition MPs blamed the government for the loss.

The TP$74 million loss has become a weapon for anti-government elements who have claimed the ‘Akilisi Pōhiva government abused its financial responsibilities.

They have attacked the government in the wake of the Supreme Court’s ruling that the payment of TP$90 million to Princess Pilolevu’s Satellite company was illegal.

“No one in the ‘Akilisi Pōhiva government misappropriated the TP$74 million,” the Minister said.

Auditor’s report

Hon. Tu’i’onetoa said when the Auditor General made his annual report on government assets and liabilities their values must be in Tongan pa’anga.

This included local loans, international loans, cash on hand and at banks and all other investments.

Some of these liabilities and assets were in foreign denominations, including bank accounts which were kept in US dollars, the Minister said.

The exchange from foreign currencies into Tongan pa’anga could either generate losses or profits depending on the exchange rates for those currencies.

Examples

Hon. Tu’i’onetoa gave Kaniva News examples.

He said if Tonga borrowed US$10 million on 30 June 2016 at an exchange rate of TP$1.50 to the US dollar this would appear on the auditor’s report for the first time on June 30, 2016 as a liability of TP$15 million.

If by June 30, 2017 this loan had not been paid and the US exchange rates increased from US$1.5 to US$2.5 the loan would be recorded in the government’s balance sheet as TP$25 million.

This meant, the US$10 million borrowed on 30 June 2016 had become US$25 million on June 30,  2017, a difference of $10 million.

The minister said this was called Foreign Exchange Risk Exposure or loss.

If Tonga wanted to pay its US$10 million loan while the rate was US$2.5 it had to pay $25 million.

Hon. Tu’i’onetoa said this was why the TP$74 million appeared on the auditor’s report.

“It was just a loss caused by the fluctuation of foreign and Tongan exchange rates.”

Tongasat unlawful payments

The TP$74 million appeared on the Auditor General’s report on June 2017 and the TP$90 million transferred to Tongasat, which was first reported by the Auditor General in 2013, were absolutely different in nature, the Minister said.

“The TP$90 million paid by the two former Prime Ministers to Tongasat were made unlawfully and without Cabinet’s knowledge,” he said in Tongan.

He said the TP$90 million paid to Tongasat was apparently paid secretly.

If the Tongan currency had been stronger, the TP$74 million loss could have become a profit.

The Minister said the TP$74 million had yet to be paid.

It was an adjustment made so the auditor could create a balance sheet based on Tonga’s own currency.

The main points

  • A TP$74 million government loss in the Auditor General’s report to Parliament last week on the government’s 2017 accounts was caused by the high foreign exchange rates, Minister of Finance Pōhiva Tu’i’onetoa said.
  • Tu’i’onetoa, a former Auditor General, said the loss could become a profit next year if the Tongan currency traded more strongly against foreign currencies.

For more information

Petition to sue former PMs involved in Tongasat payment

1...577578579...971Page 578 of 971