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Auckland woman pleads guilty to three charges of unlawful immigration advice

By
Kaniva Staff
-

An Auckland woman has pleaded guilty to three charges laid by the Immigration Advisers Authority (IAA) of unlawfully asking for a fee for immigration advice, and taking payment, from four of her family members and friends in the Tongan community.

Lealeifuaneva Linda Moala appeared in the Manukau District Court on Thursday 29 and has been remanded on bail to reappear before court on 28 June 2018.

Ms Moala pleaded guilty to two charges under the Immigration Advisers Licencing Act 2007.

She asked for a fee for the provision of immigration advice knowing she was neither licensed nor exempt.

She also pleaded guilty to one charge under the Crimes Act 1961 of obtaining a payment by deception. She led the victims to believe she was an Immigration Officer, when she was not.

The Registrar of Immigration Advisers, Catherine Albiston, said: “The facts in this case are another example of someone taking advantage of Tongan and Pacific people who are in a tough spot. We’ll continue to actively investigate and prosecute offenders like Ms Moala.”

“The IAA hope that cases like this will raise awareness amongst Pacific communities in New Zealand, as well as in Tonga, Samoa and Fiji, that it is not acceptable to provide unlawful immigration advice.

“If people need help with a visa application, they should only use a licensed immigration adviser or exempt person such as a current New Zealand lawyer,” says Ms Albiston.

The IAA’s online register of licensed advisers is available for those who want to search for a licensed immigration adviser. More information on the IAA can be found at www.iaa.govt.nz.

The IAA looks into all complaints made by the public about unlicensed immigration advice. Individuals found breaking the law can face up to seven years in prison and a fine of up to NZD$100,000.

Editor’s note:

In a previous version of this story we said the accused is Tongan. We have just learnt from a very reliable source that she is not Tongan. In fact she married to a Tongan man.

New woman magistrate appointed

By
Kaniva Staff
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‘Elisapeti Makoni Lavakei’aho Langi has been sworn-in as a senior magistrate on March 29.

Her family, relatives and friends celebrated her achievement online.

“To God be the glory, great things he hath done! Thank you everyone for the kind words of love and support. It is impossible to name all. Just know I am deeply grateful to each and every one who stopped by with well wishes and words of encouragement,” Langi wrote on Facebook.  

Langi worked as an Assistant Senior Crown Counsel at the Attorney General’s Office.

She is the second woman to be appointed to the position.

Vusenga Helu was the first Tongan woman magistrate.

King leaves Tonga as decision on Police Commissioner’s contract deferred, says Minister

By
Kalino Latu
-

A royal decision on whether King Tupou VI would approve his Appointment Panel’s  recommendation to extend the Police Commissioner’s contract had been deferred.

The decision was expected to be made this week.

This meant the Police Commissioner Steve Caldwell’s request to extend his contract has not yet been approved.

The king has left for Australia on Wednesday.

The Minister of Police, Mateni Tapueluelu, said the Privy Council has given Mr. Caldwell seven days to respond to Cabinet’s recommendation not to extend his contract.

Hon. Tapueluelu said New Zealand, which is paying for the majority of Mr Caldwell’s salary, has told the Privy Council’s Judicial and Appointment Panel its contribution to the Commissioner’s pay would depend on Tonga’s Cabinet.

The Minister said in Tongan: “Ne fakaha ‘e NZ ki he Judicial Panel te nau tali pee ‘a e ‘omai e vahe ‘a e Komisiona Polisi kapau ‘e kole pe request ‘e he Kapineti. And we are not.”

This translates into English as: “New Zealand told the Judicial Panel they would only pay for the Police Commissioner if the Cabinet made a request. And we are not.”

Judicial review

Hon. Tapueluelu told Kaniva News if the Judicial Appointment Panel forced Cabinet to pay Mr. Caldwell, Cabinet might file for a judicial review of the decision.

“We are firm on this,” he said.

Hon. Tapueluelu said the constitution gave the king power to appoint the Police Commissioner after he received advice from his Judicial Appointment Panel. He has the power to determine his term of appointment and also he has the power to dismiss them.

The Cabinet has the power to pay the Commissioner through its Remuneration Authority, he said.

He said budget had been prepared by the government and submitted to Parliament to be passed.

Contract

Mr. Caldwell was appointed Tonga’s Police commissioner in 2015 on a three-year contract which will end next month.

However,  he is entitled to another one year extension of his contract.

Hon. Tapueluelu said he wanted Mr. Caldwell to go after his first three terms ended as his treatment of suspended officers were not fair and square.

A spokesperson for Mr. Caldwell told Kaniva News the suspension of police officers “were for good reasons.”

She said the commissioner was restricted by his contract on what he could speak to the public.

As Kaniva News reported, Hon. Tapueluelu threatened to stop Mr. Caldwell’s pay if the Privy Council approved his request to extend his contract.

As we reported earlier, the Privy Council’s Judicial Appointment and Discipline Panel had asked the government to ask New Zealand for more money to pay for the Police Commissioner.

Hon. Tapueluelu said the government told New Zealand Prime Minister Jacinda Ardern and her delegation during a bilateral meeting in Tonga that it did not want the Police Commissioner’s contract extended.

For more information

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Vatican denies Pope says hell doesn’t exist

By
Kalino Latu
-

By Daily Mail

The Pope has been sensationally quoted as saying hell does not exist and souls not worthy of heaven merely disappear instead of being tormented.

But the Vatican quickly denied the apparent dramatic theological shift, accusing atheist reporter Eugenio Scalfari of ‘reconstructing’ his words.

Catholic teaching dictates that ‘immediately after death the souls of those who die in a state of mortal sin descend into hell’.

Scalfari, 93, in his fifth interview of Pope Francis published in La Repubblica, asked what happened to ‘bad souls’ after their bodies died.

‘They are not punished, those who repent obtain the forgiveness of God and enter the rank of souls who contemplate him, but those who do not repent and cannot therefore be forgiven disappear,’ he quoted the Pope as replying.

‘There is no hell, there is the disappearance of sinful souls.’

The Vatican on Thursday said the Italian journalist and the Pope had a private meeting but claimed it was ‘without giving him any interview’.

‘What is reported by the author in today’s article is the result of his reconstruction, in which the literal words pronounced by the Pope are not quoted,’ it said.

‘No quotation of the aforementioned article must therefore be considered as a faithful transcription of the words of the Holy Father.’

The Holy See pointed out that Pope Francis previously mentioned hell in a March 2014 prayer vigil calling on mafia members to change their lives.

‘While there is still time, so that you do not end up in hell. That is what awaits you if you continue on this path,’ he said then.

Scalfari has previously been accused of contorting the Pope’s words in previous meetings, dude to his unconventional style of not taking notes.

‘I try to understand the person I am interviewing, and after that I write his answers with my own words,’ he said after a 2013 incident.

He at that point reported the Pope told him: ‘Everyone has his own idea of good and evil and must choose to follow the good and fight evil as he conceives them.’

Scalfari afterwards conceded that as a result ‘some of the Pope’s words I reported, were not shared by Pope Francis.’

The following year Vatican officials even questioned whether reports of interviews with the Pope by atheist reporters could ever be trusted.

Scalfari’s report came a day before the Pope urged priests to be spiritually closer to adulterers and to not preach Holy laws at people but instead tell them when they sin.

Pope Francis shared the guidance during Holy Thursday Mass which is meant to show the unity of the Catholic Church during the pre-Easter period.

He called on priests to be close to their flocks and to do more than just preach laws at them when they sin.

In his homily, Francis also said that priests should help adulterers look forward and not condemn them with legalism.

The pope warned that priests must not be tempted to ‘idolise’ church law and doctrine, to ensure that as many ordinary people remain close to Jesus as possible.

Francis stressed the need to not judge adulterers too harshly and also called on priests to be patient with them, even if it meant continuously stressing the wrongness of the sin to them.

Pope Francis delivered the speech as he celebrated a Chrism Mass inside St. Peter’s Basilica, at the Vatican.

During the Mass the pontiff blesses a token amount of oil that will be used to administer the sacraments for the year.

The holy oil is contained in an amphora that the Pope blows into during the ceremony.

The surprising words came after conservatives complained that Francis is dividing the church with his opening to letting divorced and civilly remarried Catholics to receive Communion.

Critics say Francis is disregarding church law about the indissolubility of marriage by effectively allowing adulterers access to the sacraments.

Francis appeared to be hitting back at the criticism with his Holy Thursday Mass, choosing specifically to preach about how priests should accompany adulterers during a Mass meant to demonstrate the unity of priests with their bishops.

He told priests in St. Peter’s Basilica that Jesus wasn’t disregarding the law when, in the Biblical story, he refused to condemn an adulterer when he found her.

Francis said priests can tell adulterers not to sin again, but using a non-legalistic tone that allows the sinner ‘to look forward and not backward.’

‘The correct tone is that of the confessor who is prepared to repeat it 70 times seven,’ he said.

Holy Thursday marks the start of an intense four days of activity leading up to Easter Sunday, including the Thursday afternoon ritual washing of the feet of 12 people, which Francis will perform at Rome’s central Regina Coeli prison.

The 12 inmates include Catholics, Muslims, an Orthodox Christian and a Buddhist, the Vatican said. They hail from Italy, the Philippines, Morocco, Moldova, Colombia, Nigeria and Sierra Leone.

On Friday, Francis presides over the Way of the Cross procession at Rome’s Colosseum re-enacting Christ’s crucifixion.

On Saturday night, he celebrates the solemn Easter Vigil in St. Peter’s Basilica, followed by the joyful Easter Sunday Mass marking Christ’s resurrection.

The Pope has been criticised by some conservatives for allowing some divorced and remarried Catholics receive communion.

Last year, the pope replaced Cardinal Gerhard Ludwig Mueller who was the Church’s hardline doctrinal watchdog.

The former Cardinal had publicly clashed with the Pope over divorce reforms.

Francis had produced a papal treatise called ‘The Joy of Love’, which was an attempt to make the Catholic Church more inclusive and less condemning.

In the document the pontiff sided with progressive proposal to allow some divorced and remarried Catholics to receive communion.

This horrified traditionalists, who believed divorcing and remarrying was adultery and therefore a sin.

High speed internet arrives in Ha’apai

By
Kaniva Staff
-

The high-speed single high performance fiber network is now available in the Ha’apai groups.

The communication system now can handle millions of phone calls at a time and internet users could connect to outside world in the same speed their families could use in New Zealand and Australia as well as in the United States.

This was part of a project which was launched in Nuku’alofa in 2013 after the submarine optic fibre cable connected Fiji to Tonga in 2012.

The TOP$18 million project for Ha’apai was jointly paid by the Tongan government, ADB and World Bank.

The Prime Minister, Hon Samuela ‘Akilisi Pohiva, launched the arrival of the submarine optic fibre cable in Pangai, Ha’apai on Tuesday morning, 27 March 2018. The submarine cable had been laid on the seabed beginning from Nuku’alofa.

The Hon Prime Minister said: “One of the developmental goals of the Tonga Government had been to empower the people, especially those in the outer island s of Ha’apai and Vava’u, by making the latest information and communications technology accessible to them. In addition the Government also wants to ensure that the latest technology is the fastest, user friendly and above all, it should be as cheap as possible, so that everyone can access it”.

The former CEO of Tonga Cable Ltd, Mr. Robert Bolouri said that the Submarine Optic Fibre Cable had been laid from Fiji to Tonga starting in 2012 and it was launched in Nuku’alofa in September 2013 by His Majest King Tupou VI.

He said there was some money left over and the Tonga Government then applied to the two banks for permission to use the surplus to connect Ha’apai and Vava’u to the optic fibre cable.

The two banks gave their approval in June 2017, after the Tonga Government had invested its own money in the project from the proceeds of the sale of some of its shares in the Digicel Tonga Ltd. Tonga’s investment brought the total amount of money available for the connection to Ha’apai and Vava’u to US$8.3 million (TOP$18 million).

Actual work on the laying of the cable from Nuku’alofa to Ha’apai and Vava’u began on 27 December 2017 and reached Pangai, Ha’apai on 2 January 2018. Tonga Cable Ltd then connected their system in Ha’apai to the cable at their base which is adjacent to the FWCT compound at Pulela’aa in Pangai.

Mr. Bolouri said that the arrival of the optic fibre cable in Pangai had boosted the capacity of the communications systems in Ha’apai by 1.2 tetrabits. He illustrated that new capacity by saying, “Now the system in Ha’apai can handle 12 million phone calls at the same time. That is an enormous capacity for Ha’apai and also for Vava’u!”

The Hon Prime Minister also said: “The new technology in the form of this optic fibre cable has brought down the geographical barriers that divided Tongatapu from the outer islands and from now on the people of Ha’apai should enjoy the same types of benefits for education, medical and social purposes that the people of Tongatapu currently enjoy from this expansion of capacity”.

Gov’t denies allegation Lord Ma’afu was reinstated to cabinet

By
Kalino Latu
-

The government has denied allegation that Lord Ma’afu has been reinstated into cabinet.

The king’s noble resigned early this month as Tonga’s Minister for Lands and Natural Resources, as well as the Minister responsible for His Majesty’s Armed Forces.

“Lord Ma’afu has not been reinstated into Cabinet,” Lopeti Senituli, the Prime Minister’s media advisor told Kaniva News.

The allegation about the reinstatement appeared to have come from one of the few Tongan propagandic groups on Facebook which regularly posted fake news against Prime Minister ‘Akilisi Pohiva’s government.

It said Lord Ma’afu was reappointed after the king rejected his resignation.

The Minister of Police Mateni Tapueluelu said there was no clause in the Tongan constitution to give the king powers to make such a decision.

Woman dies in hospital following crash in Mangere

By
Kaniva Staff
-

A woman died in hospital she was allegedly hit by a car in Idlewild Avenue, Mangere, South Auckland at 7.12am yesterday morning 29 March.

Emergency services attended the scene and the victim was taken to hosptial in a serious condition.

Unfortunately the woman died at 8.30pm last night.

The Serious Crash Unit continues to investigate the incident.

Police said their thoughts go to the victim’s family and friends at this time.

President defends $50,000 TDF owed him; Ministry says dialysis data is wrong

By
Kalino Latu
-

The president of the Tonga Dialysis Foundation (TDF), Said Moehau, has defended an amount of TP$50,000 which the organisation’s financial statement said it owed him.

Meanwhile, the Health Ministry claims that the TDF is using out of date and incorrect data to boost its argument for the establishment of a private dialysis clinic in the kingdom.

Moehau said he spent his own money researching for cheapest dialysis treatment that could be established in Tonga.

In Tongan he said: “Koe ‘uhinga hono faka’asi he financial statement Ke faka tokanga’i e
fakamole ne fai ki mu’a pea fokotu’u e TDF. Oku te’eki ai fai ha feinga pa’anga ‘Ae TDF ka
koe small donations pe mei he kau memipa oku fakalele’aki e ngaue.”

This translates into English as: “The reason why it appears in the statement is to make note of the expenses made before the TDF was established. TDF has yet to raise fund but the work is run on small donations from members.”

He did not respond when Kaniva News asked for details for the spending he had made with
the TP$50,000.

Kaniva News has obtained a copy of the Foundation’s Statement of Revenue and Expenses
from December 2014 to October 2015, which describes the TP$50,000 as an “in-kind
contribution.”

Two other notes on the statement said the money was spent on “Research & overseas conferences” and “USA & China, President of TDF.”

The statement said because the TDF’s financial position was weak at the time the president’s money, as agreed by the organisation, had to be reimbursed.

Two other major in-kind donation in the statement were $50,000 made by the LDS church and $30,000 by the German government with a note on it saying “submit proposal to Hon.
Counsel.”

The statement said $23, 301 cash had been collected from the following donors:

MBF Bank: $5000
Tonga Power: $3000
Tonga Airport Ltd: $1500
Moki and Vini Sika: $1000
Committee contribution for launch: $500
British American Tobacco: $5000
Tonga Telecommunications Corp: $500
Tonga Airport Ltd: $1500
Ports Authority: $1000

From December 2014 to October 2015 the statement said TFD spent $3,509.50, leaving its
account with cash of $19 791.71.

It said $5093.71 was deposited into MBF bank and $14,698 was deposited into PIC bank.

Financial reports not audited

Moehau said TDF accounts were not audited.

“We do not have an audited financial report as yet, but every penny spent from the TDF
account is pre-approved by the TDF Board,” he said.

This required two signatories, the treasurer and secretary, with the president as alternative
signatory. Most operational costs were paid for by board members outside of the TDF
account.

As Kaniva News reported last month, the Ministry of Health has refused to support a move
by the TDF to establish a national dialysis unit in the kingdom.

Health authorities said the Ministry could not support the project because TDF had failed to
provide requirements to conduce an approval.

This included requiring a financial plan for TDF to be able to address issues of financial
transparency.

Moehau said TDF had provided all requirements by the Ministry, something the government
health authority denies.

Active members

The Ministry claimed some members left TDF because they were dissatisfied with the way how the organisation was run.

These members included a former treasurer for the organisation as well as the Minister of Labour and Commerce Dr. Tu’i Uata. Dr. Uata did not respond to our request for comment.

The issue was also raised with Moehau asking if he could tell us about the number of TDF active members.

He did not respond to the question which was sent to him by email. But in his responses to our other queries he said he cc’d them to former MP and government minister Sangster Saulala and TDF treasurer Mishka Tu’ifua.

Corrections of patient numbers

The Health Ministry has disputed figures used by the TDF to support its campaign to
establish a dialysis unit in Tonga.

The Journal of Diabetes reported in 2016 that an error had occurred when international
health authorities were testing for diabetes in Samoa, Fiji and Tonga. This led to figures
being doubled.

Dr. Sione Latu told Kaniva News the original report based on this research said there was a
34.4 percent prevalence of diabetes in Tonga, but this was revised down to 17.7 percent.

Dr Latu said ABC radio in Australia had quoted the Ministry’s CEO, Dr. ‘Akau’ola, as saying
about 200 people were diagnosed with chronic kidney failure in Tonga.

But Dr. Latu said he thought Dr. ‘Akau’ola should have been given a chance to double check
the story before it was aired as it was misleading.

Chronic kidney failure or chronic renal failure (CRF) were patients with kidney disease
requiring some form of kidney support called renal replacement therapy (RRT) of which
dialysis was one option and a transplant the other, Dr Latu said.

“It doesn’t make sense that 200 people have CRF and only a third need dialysis. The figure of 200 probably means those with chronic kidney disease.

“There are five stages of this disease. Those with Stage 5 are called chronic renal
failure or end stage renal disease (ESRD) and often requiring RRT.

So 200 refers to the total number of patients with varying degrees of kidney disease and around 66 patients, or a third, are in Stage 5, requiring RRT. This 66 is close to current projections.”

He said the idea that there were 200 patients diagnosed with Stage 5 CKD requiring dialysis every year was wrong and contradicted worldwide figures.

Dr Latu said the number of people with ESRD / Stage 5 CKD was stable and it was almost
impossible to say there were 200 deaths in one year from ESRD.

“I think TDF is running a cumulative total of 200 every year needing dialysis and we now
have 10,000 needing dialysis with 200 annual deaths,” he said.

“Samoa has 117 patients on dialysis with a population of 190,000 so how can we have
10,000?”

He said only a fraction of diabetics developed kidney disease needed dialysis.

For more information

Ministry says no promise to open dialysis unit in Tonga, can’t endorse private clinic

Health authorities demand Tonga Dialysis Foundation prove project viable

Panel of judges reduces armed robber’s sentence, say guilty plea should be considered

By
Philip Cass
-

An armed robber has had his sentence reduced after a successful appeal in the Court of
Appeal.

In 2008 Samuela ‘Alatini pleaded guilty to charges of robbery, armed robbery and
conspiracy to commit armed robbery, causing grievous bodily harm and various firearms
charges. He was originally sentenced to 15 years in jail.

A suspended sentence of three years was activated, extending his sentence to 18 years.
In February this year the Lord Chief Justice granted the appellant leave to appeal out of
time.

The robbery took place on March 20, 2008. ‘Alatini, accompanied by ‘Opeti Fekau, followed a vehicle until it stopped at a shop. ‘Alatini threw the victim out and got into the driver’s seat.

Fekau got into the front passenger’s seat. They drove off with a bag containing cash of $6000, recharge cards to the value of $1000 and a digital camera valued at $400.

The armed robbery took place six days later. ‘Alatini, Fekau and three rented a car and
changed its appearance.

The following day they staged a robbery outside the Westpac Bank
at Kolofo’ou. ‘Alatini and Fekau, who were armed with shotguns, tried to take a handbag
from a girl, who resisted.

One of her colleagues tried to help her and ‘Alatini shot him in the
thigh.

The robbery netted the thieves $3000 and a mobile phone worth $375.

When they were arrested, all five pleaded guilty. ‘Alatini was sentenced to 15 years and an
existing suspended sentence to his sentence to 18 years.

‘Alatini’s appeal against his sentence was considered by a panel of three judges. In their
report the judges said they considered the sentence of 15 years was too high and that a
starting point of 10 years should have been used to determine the length of sentence and
that ‘Alatini’s guilty plea should be considered.

This reduced his basic sentence to nine years and nine months.

With the addition of the three years suspended sentence, the judges ruled that ‘Alatini
should serve 12 years and nine months.

Fifita refuses to back down on ban on girls boxing and playing rugby

By
Philip Cass
-

Education Minister Penisimani Fifita has refused to back down over his ban on girls boxing or playing rugby at Tonga High School.

And now he is blaming female anatomy for his stance.

“You know that there are some female parts – I think I don’t have to go on,” he said.

Fifita claims any disagreement with his views is based on cultural differences.

“So you are talking from a different culture to a different culture,” he told Radio New Zealand International..

“Here is what we have looked at. Only the girls at Tonga High School are not permitted to play rugby and also to engage in boxing.”

Penisimani Fifita said the ministry also planned to stop all sports at all government schools for the rest of the year so that students can catch up the time lost because of Cyclone Gita.

He said he would take a paper to Cabinet to explain his position.

As Kaniva News reported on the weekend, Prime Minister ‘Akilisi Pohiva disagreed with the Minister’s decision.

He said the decision was not in line with his government’s policy.

“It is the Government’s responsibility to provide opportunities for all the students to participate in all sports,” the Prime Minister said.

“It is for the individual students and their parents to decide whether or not they should participate in a particular sport like rugby and boxing.”

Meanwhile, the Tonga Commonwealth Games Association has confirmed female boxer  Magan Maka as Tonga’s Flag Bearer for the XXI Commonwealth Games opening ceremony.

Miss Maka, who is coached by her father, Fili, will compete in the female 69kg division.

This will be the first time female boxing has been featured in the Games.

Tonga Boxing and TASANOC are also worked to secure her release from New Zealand Boxing and approval from the International Federation (AIBA).

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