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Talks to allow Tongan overstayers on dialysis to receive same benefits as New Zealanders

By
Kalino Latu
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Talks are underway to allow Tongan overstayers who are on dialysis treatment in New Zealand to receive the same benefits as New Zealand citizens receiving the treatment.

An inquiry is being conducted in Auckland to collect information on the number of Tongan overstayers who need treatment for kidney failure.

The move has been organised by Tongan community leader in Mangere, Makalita Kolo.

Kolo told Kaniva News a proposal was being written up to be presented to the Minister for the Pacific Peoples Hon. Aupito William Sio before he could talk to the New Zealand and the Tongan governments to see if the idea could be taken further.

Kolo said she was investigating whether part of New Zealand’s annual grant to Tonga could be allowed to help the Tongan patients.

“It would depend on what the minister would come up with after he talks to the two governments,” Kolo said.

Kolo said at the moment there were six patients in Auckland alone who were Tongan overstayers.

She said if they returned to Tonga it would be like giving them a death sentence because there was nothing there to treat them.

Kolo said she organized a fundraising in Auckland in 2012 to help the dialysis treatment of a Tongan church minister, Rev. Sione Malamala Vaea who arrived in New Zealand on a visitor’s visa. She said the fundraising was successful.

Unlike its neighbours, Samoa and Fiji, Tonga has no dialysis unit.

As Kaniva News reported, a young Tongan man, Tamahanga Tukunga who has kidney failure, has been pleading to stay in New Zealand, knowing he will face a painful death if deported to Tonga.

As we reported last month, Tonga’s Ministry of Health has refused to support a move by the Tonga Dialysis Foundation (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 show it had links with kidney specialists, had not submitted a financial plan, proved the project would be sustainable, or addressed issues of financial transparency.

TDF president Saia Moehau told Kaniva News they had met with Minister of Health and two doctors a number of times to discuss the proposal for a joint venture.

Moehau claimed the medical authorities were supportive during the meetings, but said different things in public.

Last year Ministry of Health CEO Siale ‘Akauola told Radio New Zealand said most cases of kidney disease cases developed from diabetes.

Health authority believed there were 200 patients in Tonga with chronic kidney disease.

‘Akauola said the government was focussed on prevention and management of diabetes rather than dialysis.

“That’s the focus, to promote good healthy living so that people do not develop diabetes in the first place and then the second one of course, if you have diabetes, then aggressively manage diabetes to a very good level you will never develop renal disease. We’ve had diabetics who are well managed, they live healthy lives even into their 70s and 80s.”

For more information

Health authorities demand Tonga Dialysis Foundation prove project viable

Judge in underage sex case says ‘age could be deceptive’

By
Kaniva Staff
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Justice Charles Cato said age could be deceptive when he discharged an 18-year-old man who admitted having sex with an underage teen who was just over 14.

The accused, Sione Siliva Pohiva Tatakamotonga, was charged with one count of carnal knowledge of a young person under the age of 15 contrary to sections 121(2) and 123 of the Criminal Offences Act.

The court was told the complainant first met the accused when she went to a fair at Lapaha in 2016 which belonged to her uncle.

Later that week the pair met outside the complainant’s home where they had sex before the accused left.

The complainant told the court the accused did not ask for her age or what level she was in at school.

As a consequence of the intercourse she became pregnant . She did not tell the accused.

Her family found out about her pregnancy and they filed a complaint with Police.

The victim gave birth on April, 23,  2017 to a child who died. The accused, she said, did not contact her until after the birth.

“I have considered all the evidence on the issue of age. Age can be deceptive,” Justice Cato said.

“I am left in a reasonable doubt on this issue and accordingly, the Crown has not discharged its onus of proof.

“I also note that my reasoning would be the same should a higher standard than honest belief be required, that is one that is based on reasonable grounds. I consider his belief was in the circumstances based on a reasonable foundation, for the reasons I have given and he should be acquitted.”

Tonga tells PM Ardern it no longer wants Caldwell; PC’s committee and cabinet clash after advice to extend contract

By
Kalino Latu
-

The government’s attempts to terminate Police Commissioner Stephen Caldwell’s employment contract appeared to be deadlocked.

It has been revealed that the Privy Council’s Judicial Appointment and Discipline Panel has processed a recommendation to the king to extend the Police Commissioner’s contract.

The Minister of Police, Hon. Māteni Tapueluelu, said the recommendation for extension was made days after he tendered his resignation to Prime Minister ‘Akilisi Pōhiva last month.

But the king’s Panel’s decision appeared to be in trouble because it is the government’s duty to pay Mr. Caldwell according to clause 51 of Tonga’s constitution, the Minister said.

Hon. Tapueluelu, who returned to office days after Hon. Pōhiva refused to accept his resignation, said the panel had not finalised its decision, but had asked the government to ask New Zealand for more money to pay Mr. Caldwell. He said the panel will meet with Privy Council soon to make a final decision.

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

He said Ms. Ardern was told the problem in the Tongan Police force grew bigger under Mr. Caldwell’s leadership.

Hon. Tapueluelu also said he was greatly concerned at how the Ministry’s disciplinary process was being carried out.

He said he has sent a letter to New Zealand’s High Commissioner in Tonga and informed her on the Tonga government’s move.

The Police Commissioner, who has been caught in the middle of fighting between Cabinet Ministers, government officials and different factions of the police force, has been unable to defend himself against any of the allegations made against him.

Mr. Caldwell, whose contract ends next month, told Kaniva News he was restricted by his employment contract on what he could say publicly.

Change of heart

The government’s change of attitude towards Mr. Caldwell came after the Minister of Police agreed to extend Mr. Caldwell’s appointment in September 2017.

Hon. Tapueluelu claimed he agreed to extend Mr. Caldwell’s contract last year after he was told by Mr. Caldwell that the passport scandal investigation had been completed and that arrests would take place starting in December 2017.

This did not happen. The Minister said he received complaints from some Police officials against the Police commissioner. His office also found out Deputy Police Commissioner ‘Unga Fa’aoa unlawfully approved the importation of 400,000 ammunitions and weapons by His Armed Forces from New Zealand and Australia.

On November 22 Hon. Tapueluelu submitted a proposal to Cabinet to cancel his submission to extend Mr. Caldwell’s contract.

The Minister said Cabinet, which funded the passport inquiry, frequently asked him to report on the passport investigation, but nothing appeared to take shape.

Hon. Tapueluelu claimed he repeatedly told Cabinet the investigation was continuing and that he was reliably informed by Mr. Caldwell about it stage by stage, although the conversations between him and Mr. Caldwell were made in general because of the nature of the investigation.

When the Police move to make arrest did not go ahead as planned it disappointed Hon. Tapueluelu.

As Kaniva News reported, Police arrested former Prime Minister Lord Tu’ivakanō on March 1 and charged him with numerous crimes including making a false statement for the purpose of obtaining a passport. The arrest was made after Hon. Tapueluelu tendered his resignation in February.

A Cabinet decision on March 2 seen by Kaniva News recommended the Privy Council’s Judicial Appointment and Disciplinary Panel to terminate Police Commissioner Steve Caldwell’s contract.

Response

Hon. Tapueluelu made his comments after the Office of the Attorney General accused him last week of making allegation against the arrests of Tonga politicians.

As Kaniva News reported, the Minister of Internal Affairs Akosita Lavulavu and her husband, former Minister of Infrastructure ‘Etuate Lavulavu, were arrested and charged with fraud on March 3.

Hon. Tapueluelu alleged in an interview with local station FM87.5 that Mr. Caldwell ordered the arrests in an attempt to win favour with the government so his contract could be extended.

Acting Attorney General ‘Aminiasi Kefu said Hon. Tapueluelu’s allegation implied that these arrests and laying of criminal charges were conducted with improper motives and methods.

“The Attorney General’s Office wishes to state that this allegation is absolutely incorrect and untruthful,” Hon. Kefu said.

“The allegation has been made without the full knowledge and appreciation of the process or the contents of the Tonga Police investigation, and the support provided to the Police investigation by the Attorney General’s Office.”

Hon. Tapueluelu said his claims were based on what he knew about the Police commissioner, the meetings they had from time to time regarding the investigations including some he could not release to public because of their private nature.

He said he thought it was important for him to give the public his opinion during the interview.

For more information

Prime Minister ‘Akilisi Pōhiva submits his cabinet lineup to the king

Police charge Lord Tu’ivakanō with passport offences, money laundering and bribery

Hon Lavulavu denies he told mechanical supervisor to fake TP$1 million valuation, threatens legal action

It’s never too late to study says MIT graduate who left school 23 years ago

By
Kalino Latu
-

Studying does not stop when you get older says Melenau Lino, who was awarded a Certificate in Cross Cultural Supervision last week.

The award came after she obtained her Bachelor of Applied Social Work last year.

Lino, who obtained her qualifications from Manukau Institute of Technology, said she was now looking for a Master of Arts programme.

“I am working full time as a Social Worker in Schools after my degree and still pursuing further studies,” she told Kaniva News.

“It is never too late. I am hoping our young people do not give up.

“Studying does not stop when you get older,” said Lino, who left school 23 years ago.

“It continues into adulthood and a little life experience goes a long way in tertiary study.”

Lino said the work her father did for the community influenced her.

“My influence came from the work that he did and also from older brother Unaloto who graduated with a Social Work in Bi-Culturalism degree from Te Wananga o Aotearoa in 2014.

“That influenced me to study and this field is my passion, working with young people.”

She said she struggled, but her musical talent helped her a lot while studying.

Lino, a notable singer in the Tongan and Samoan communities in New Zealand, said her musical talents helped her financially.

“It also kept me focussed and with my self belief that I could achieve my goals.

“My father worked in the Tongan community in the Maungakiekie area till he passed away in 2009.

“My children have watched me struggle and overcame so many barriers.  That will build their resilience to hopefully push them to one day pursue tertiary studies in their field of choice.”

Last week staff at MIT held a 2018 MIT Pasifika Graduation Thanksgiving Celebration to mark the Pacific student’s achievements.

The event was held at the Sir Noel Robinson Conference Centre at the Vodafone Event at Great South Road in Manukau city.

Successful students came from a variety of Island backgrounds, including Niueans, Fijians, Tuvalauans, Cook Islanders, Tongans and Samoans.

Speaking in their own languages, community leaders praised their achievements and encouraged them to never give up.

The event was accompanied by islands entertainments performed by each ethnicity.

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Royal tipped to become Minister in PM Pōhiva’s cabinet

By
Kalino Latu
-

A member of the royal family could become Tonga’s new Minister of His Majesty’s Armed Forces and Lands and Survey.

The Minister of Police, Hon. Māteni Tapueluelu told Kaniva News: “Me’a pee ko u ‘ilo ‘oku ‘iai e feinga ki he fale’alo ke kau mai ke ‘afio’i ‘e he Tu’i me’a kotoa he Kapineti pea ke confident ai. Kohai pau, I don’t know and we all leave it to PM to do that.”

This translates into English as: “What I only know is that there is an attempt to get one of the royal children so that the king would know everything that is being discussed in cabinet and that he could be “confident” as he would know about it. But who in the royal children, I don’t know and we all leave it to PM to do that,” Hon. Tapueluelu said.

The king has three children, of whom Princess Lātūfipeka Mata’aho Jr Tuku’aho, 34, is the eldest. The second is Crown Prince Tupouto’a ‘Ulukālala, 32, and the youngest is Prince Ata, 30.

The Princess is currently Tonga’s High Commissioner to Australia.

She recently visited Prime Minister ‘Akilisi Pōhiva in hospital. The Prime Minister told Kaniva News he felt very humble to have Her Royal Highness visiting him.

The ministerial posts became vacant after Lord Ma’afu resigned last month, citing lack of co-operation with Hon. Pōhiva.

Hon. Pōhiva, who is a blood relation of Lord Ma’afu, said he selected the noble to help him in steering the government after the electons in 2014 and again in 2017.

“Sadly, it is obvious that we disagree on a number of things.”

The two ministerial posts were of special importance to Hon. Pōhiva because of their link  to the king and the nobles.

He said the nobles owned a great deal of land while the king was the Commander in Chief of His Majesty’s Armed Forces.

Hon. Pōhiva said he did not want the king and the nobles to be worried if one of his party members became Ministers and controlled these ministeries.

The attempt to make one of the royal children a Minister could be interpreted to mean that Hon. Pōhiva no longer trusts members of the nobility after Lord Ma’afu’s resignation.

This would also mean there was no chance for his party members, MP Vātau Hui for Niua 17 and Tongatapu 5 MP Losaline Mā’asi to be given a ministerial post.

Meanwhile, the governor for Ha’apai, Party Member Mo’ale Fīnau has announced on Facebook yesterday that his tenure has ended.

He said the government was looking for a new governor for Ha’apai.

Transparency

The move to show that cabinet has nothing to hide from His Majesty was echoed in a statement by the Minister of Justice Vuna Fa’otusia last year.

Hon. Fā’otusia said the government proposed to amend the constitution so that Cabinet members became members of the Privy Council.

He said this would allow the ministers to talk and discuss directly with the king any laws or any amendments to the constitution right from the beginning to the end before the king chose to sign it or not.

He said it was a good idea to get the king involved in the process right from the start so he could really understand why MPs wanted to make or amend those laws.

It is understood this was one of the proposals that concerned former Speaker of Parliament Lord Tu’ivakanō who advised the king to dissolve Parliament last year.

Vainī serious crash shocks churchgoers

By
Kalino Latu
-

A serious crash on Taufa’āhau main road today Sunday 11 has shocked churchgoers and passers-by.

An eyewitness told Kaniva News a van veered off the road and crashed into a power pole.

A man and a woman could be seen in a photo purported to show the incident lying motionless outside the van by the roadside.

Bystanders, mostly in church attires, gathered to watch and help.

Halatoa Tāufa, who returned from a church service, took the photo of the incident. He said the man and the woman were from the van.

Police have yet to release a report on the crash.

The crash came after a fatal road accident last Sunday in Fo’ui which claimed a 36-year-old man’s life.

Police suspected alcohol was a factor in that crash.

Uaine Fa extends his unbeaten boxing record to 14-0 after majority decision over Lewis

By
Kaniva Staff
-

Uaine Junior Fa has extended his professional boxing record to 14-0 following a majority decision victory over Craig Lewis.

The New Zealand born Tongan remained undefeated after Friday night’s boxing in the town of Deadwood in South Dakota, United States

The majority decision was announced according to judges Juan Carlos Pelayo 78-74 and Benoit Roussel 79-73 scored their fight for the favored Fa, while Rey Danseco scored the action even 76-76.

Seven of Fa’s wins were knockout.

Fa was aggressive to start the eighth round, but he wasn’t able to hurt an exhausted Lewis.

“Lewis seemed to get the better of an exchange late in the seventh round, during which Fa and Lewis landed right hands. Fa drilled Lewis with two left hooks with just under two minutes to go in the seventh round.

“Lewis had some success in the fifth round, when he hit Fa with a right hand when there was just over a minute to go in it. Just after the fourth round began, Fa landed a left-right combination that backed up Lewis.

Fa connected with an overhand right that moved Lewis toward the ropes with about 30 seconds to go in the third round. Fa knocked Lewis back into the ropes with an overhand right early in the second round.”

Donor money allocated to cyclone recovery, but rebuilding yet to be budgeted

By
Philip Cass
-

All of the $TP52.6 million donated to Tonga by overseas donors would be spent on the recovery process, the National Emergency Management Office (NEMO) has announced.

It said nothing had been budgeted from these funds for rebuilding and reconstruction of damaged buildings and houses. That would be another process it said.

NEMO said TP$23.6 million in cash had been deposited in the government’s cyclone Gita’s bank account, with TP$2 million deposited into its normal account.

Cabinet had allocated TP$21.4 for the Cyclone sub-committee to help the recovery process.

It said the money would be spent on specific areas including shelter, education, food and security, and communication. The smallest allocation, TP$200,000, will go to communications with the largest outlay, TP$7.7 million, going to essential services, including electricity maintenance.

About TP$10,000 worth of  donations had arrived by military aircraft.

Donors had made offers of more aid, but these had not yet materialised.

In its latest report on the state of Tonga after Cyclone Gita, NEMO said 819 households had  been destroyed and 3889 households damaged.

An RNZAF Hercules had flown in 299 agriculture tool kits, 78 boxes of education resources and accessories for Tonga Power Limited.

Three operational evacuation centres were still operating in ‘Eua.

Water quality testing and monitoring showed water was safe for consumption

In Tongatapu 60% of power had been restored.

About 80% of priority schools and evacuation cenres in Tongatapu had been sprayed.

NEMO said crops that could be harvested within four to six months were needed.

Other needs included feed for pigs and other animals and portable saw mills needed for logging of fallen trees for reconstruction and rehabilitation such livestock fencing and house repairs.

Food supplies have been exempted from Customs duty for the next six months.

South Pacific Business Development donated water and food items to more than 300 families in ‘Eua.

Digicel Tonga distributed water and school stationery to Maamaloa Side School, Tonga Side School, St. Francis Catholic School, GPS Nuku’alofa and GPS in the central area of Tongatapu; as well as food items and water to 34 homes of children with special needs.

For more information

New Zealand increases cyclone funds after PM Ardern meets Hon. Pōhiva

Double tragedy for family after fire destroys house, sister dies, in two separate incidents

By
Kalino Latu
-

A family who lost everything when their house was destroyed by a fire this week also lost a sister in two separate incidents.

The Tāvō family in Ha’alalo were thankful no one was killed in the fire but their aunt ‘Elisapeta Sau Toetu’u died in Hawai’i, the week before the blaze.

Nāmoe Jr Tāvō, one of the Tāvō’s children and who was in Hawai’i to join her aunt’s funeral services said the family went to immigration office to process his mother Hekina’s visa to Hawai’i when the disaster struck.

The deceased was Hekina’s sister.

“Lucky no one was in the house when the fire hit,” she told Kaniva news.

Nāmoe said they lost almost everything in the fire.

The family’s house was partly damaged in tropical cyclone Gita after it struck the kingdom last month.

Fire Services attended the incident.

It is understood the cause of fire is still under investigation.

Land Court supports claim for TP$10,000 in dispute over transfer of land lease

By
Philip Cass
-

Land Court supports claim for TP$10,000 in dispute over transfer of land lease

The land court has found in favour of a plaintiff seeking TP$10,000 in a dispute over a block of land.

Fuka Kitekei’aho granted a registered lease  of  his town allotment at Ma’ufanga to Sosaia Moehau.

A dispute arose concerning the transfer of the lease by Mr Moehau to a third party and the use of the land  for  commercial purposes contrary to  Cabinet’s approval.

At the hearing the Court was asked to determine whether Mr Moehau owed Mr. Kitekei’aho   TP$10,000 he allegedly agreed to pay for the grant of the lease and whether Mr. Kitekei’aho’s action to recover that sum was time barred.

The court case began in August 2016. The statement of claim  alleged that  Mr.  Kitekei’aho had entered into an agreement to grant a 50 year lease of his town allotment toMr. Moehau and that the lease had been approved by Cabinet.

The statement of claim sought  to cancel the  lease  because  of alleged breaches of the  agreement  by  Mr. Moehau, specifically his refusal to pay a balance of TP$10,000  as  agreed  compensation for the lease and in transferring the lease to  a third party  rather  than  using  it  as a residential  property  for himself.

The judge, Mr Justice Paulsen, said the statement of claim did not seek judgment  for the TP$10,000 but all the elements of a cause of action for recovery of that sum were pleaded.

The statement of claim pleaded the agreement between the parties to grant the lease for payment  by  Mr. Moehau of the  sum of T$20,000, that the T$20,000 was payable in two installments, that the second installment was to be paid when Cabinet approved the lease, that Cabinet approved the lease and that in breach of the agreement the second instalment of T$10,000 was not paid.

On June 9, 2017, the Court granted Mr. Kitekei’aho leave to file  an  amended  statement  of  claim.  Mr. Kitekei’aho no longer sought cancellation  of  the  lease  but  an order  for  payment of the  T$10,000  and damages.

In 2006 Mr. Kitekei’aho and Mr. Moehau entered into a verbal agreement pursuant under which Mr. Kitekei’aho agreed to grant Mr. Moehau a 50 year  lease of his town allotment. Mr. Moehau was to pay Mr. Kitekei’aho a sum of money for the lease.The application for the lease was approval by Cabinet in August 2006 and registered in December that year.

Mr. Moehau then almost immediately made an application to transfer the lease to Ms. Noleen Blake. Cabinet gave its approval to  the  transfer of the lease in February 2007. Mr. Kitekei’aho was living in Fiji and did not know that the lease had been registered until 2008.

Mr. Kitekei’aho then demanded Mr. Moehau pay the balance he said was owing for the lease. In January 2012  Mr.  Kitekei’aho wrote to the Minister of Lands asking him to cancel the lease.   In December that year the judge said he found Mr.  Kitekei’aho’s to  be an honest  and credible witness.

He said much of the evidence put forward on Mr. Moehau’s behalf was implausible. He rejected claims that the money owed to Mr. Kitekei’aho had been paid in three instalments, including a lump sum in US dollars.

Mr Justice Paulsen found in favour of Mr. Kitekei’aho against Mr . Moehau for TP$10,000.

The judge said Mr Kitekei’aho was also entitled to costs.

The main points

  • The land court has found in favour of a plaintiff seeking TP$10,000 in a dispute over a block of land.
  • Fuka Kitekei’aho granted a registered lease  of  his town allotment at Ma’ufanga to Sosaia Moehau.
  • A disputes arose concerning the transfer  of the lease by Mr Moehau to a third party and the use of the land  for  commercial purposes contrary to  Cabinet’s
  • At the hearing the Court  was asked  to  determine  whether Mr  Moehau   owed Mr.  Kit ekei’aho   TP$10,000 he allegedly agreed to pay for the grant of the lease
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