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Land Court president calls for review of leasing arrangements

The President of the Land Court has called on the Minster for Lands to review the way it registers leasing arrangements.

His comments come after a hearing into claims arising over the right to a block of land that had passed into the hands of four brothers and been the subject of dispute by some of their descendants.

Owen Paulsen, presiding, said it help prevent disputes in the future if leases were to state at least that co-lessees hold the lease as joint tenants or as tenants in common and in what shares.

He said the case also highlighted the need for the Ministry to take care when drafting leases and dealing with them upon the death of co-lessees.

Four brothers, William Wight (William), Charley Wight  (Charley), Fred Wight (Fred) and Harry Wight (Harry) were the holders of a registered lease of land, known as Ha’amea, at Liahona. The lease was then transferred to Charley, Fred and Harry. Charley and Fred died before Harry. On their deaths no one applied for Letters of Administration or claimed their interests in the lease.   On Harry’s  death  one of his sons, Raymond Wight was granted Letters of Administration of Harry’s estate and he claimed the lease and the right to occupy the land.

However, Douglas Wight (Douglas),  Fred’s   only   child,  occupied   the  land.

Raymond sought an order evicting Douglas from the land and also for the payment of damages for unlawful occupation.

Mr Paulsen said the primary issue was whether the three brothers held the lease as joint tenants or tenants in common.

William .F. Payne  Wight  moved to the United States and died there in 1952.

On May 9. 1974 William was granted registered lease No.  2984 of 41a OR 0.3p of the land formerly leased by his father for a term of 50  years   from   November  15, 1974  to   November 14,  2024.

By an Indenture dated November 25, 1976 William  transferred  the  lease to himself, Charley, Harry and Fred.

Throughout their lives the four brothers were close and there was no evidence of any disagreements arising between them. Each brother had a roughly  equal area of Ha’amea for his use.

William,  Charley  and Harry each grew crops and exported fruit and vegetables and raised animals. Fred was in New Zealand and not involved in the export business.

By an Indenture dated May 12, 1980 William transferred the lease to Charley, Harry and Fred and  it  was  re-registered  as  lease  No. 2984C.

Raymond  said  that  William  sold  his  interest  in  the property, Ha’amea  to Harry.

A few years later Charley and his family moved to the United States.  Harry’s work as a teacher took him and his family to the Gilbert Islands and Western Samoa. Fred returned to Tonga and lived on Ha’amea with his wife and Douglas in a house that he built.

About 1990 Harry returned to Tonga and lived at Ha’amea. Harry’s wife and children, including Raymond, migrated to the United States but Raymond travelled back and forth between Tonga and the United States.

Fred died in 1992. Fred’s  widow  moved with Douglas to Ma’ufanga and then migrated to the United States and remarried.

Charley died in the United States in 1993 or 1994. Harry survived  Charley  and Fred  and remained living at Ha’amea.

From 1995 Raymond started to run cattle on Ha’amea. He has also paid the rent and the outgoings on the property since then.

In 2012, Douglas was deported from the United States and returned to Tonga. He asked Harry for permission to live on Ha’amea  and did so for a time in what was known as the Hut. Douglas said that he told Harry that he had a claim to Ha’amea. Harry rejected the notion. Disagreements arose between them and Douglas  was told to leave.

In late 2014, Harry needed medical treatment in the United States. On about 10 October 2014 he signed an authority to his nephew Sione Fatu Wight (Sione) to care for Ha’amea and the  cattle that were on the land.  Sione is a son of William.

Harry went to the United States in late 2014. Douglas returned to Ha’amea and again lived in the  Hut.

In July 2015, Harry signed what purported to be a will in which he expressed a desire to leave all of Ha’amea to Raymond,  Mr Paulsen said.

About October 2015, Raymond realised that Harry was not going to return to Tonga and gave Douglas permission to move into the main house

Harry died on April 12, 2016 in the United States. No application for Letters of Administration of his estate was made at that  time.

There was then a significant change in Douglas’s attitude towards Raymond and Sione. Without permission, Douglas cut down trees and slaughtered cattle on Ha’amea.

In February 2017, Raymond came to Tonga and started legal action to evict Douglas from Ha’amea, but he withdrew that action because he had not applied for Letters of Administration.

He returned to the United States but returned in June 2017 when another cow went missing and Douglas disconnected the water lines.

Raymond was granted Letters of Administration on  August 2, 2017. The only asset in the estate was Harry’s interest in the lease.

Mr Paulsen said Raymond’s case had been that Charley, Harry and Fred held the lease as joint tenants and that the lease devolved upon  Harry  by right of survivorship. The defence argued that the brothers held the lease as tenants in common.

Mr Paulsen said lease was last transferred  to the three brothers by  the Indenture of 12 May 1980 without any indication that they were to hold the land other  than jointly.

On the face  of  the  lease,  the  three  brothers  could  be understood to have held the lease as joint tenants and must be regarded as such, Mr Paulsen said.

He said Raymond had testified that William sold his interest in the lease to Harry alone.

The acquisition  by  one joint tenant of a greater share would sever a joint tenancy because it destroyed the unity of interest.

“This was family land that had in effect been passed down from the brothers’ father to them all.

“It could not have been  the  brothers’ intention that upon their deaths the lease would pass to the lucky survivor of them and to the exclusion of their own immediate families.”

Mr Paulsen said Raymond  had  been granted Letters of Administration in respect of Harry’s estate and he had the right to bring an action for possession of the land.

However, Raymond held Harry’s interest in the lease as a trustee to administer and distribute it in accordance with the Probate Act and might be subject to the supervision of the Supreme Court in this regard.

He said Douglas had no interest in the land. On the death of both Fred and Charley their personal property, which included their interests in the lease, vested in the Supreme Court and became Crown property.

Where a person died wholly  intestate, Letters of Administration must be obtained for the purposes of administering and distributing their estate. Douglas had not applied for Letters of Administration for the land.

Mr Paulsen said Raymond has established a right to administer Harry’s estate and therefore he ordered that Douglas must leave Ha’amea immediately.

Douglas was also ordered to pay Raymond TP$100 damages and his legal costs.

Ramsays’ friends and family share grief of son’s death on social media

The Ramsay’s family and friends shared messages on Facebook to express their love and grief about the death of their 23-year-old son.

Tōfā ‘I Mala’e ‘Āloa Ramsay, the second son of Nancy and late Kamipeli Tōfā Ramsay, died after a house fire on December 15.

Firefighters were dispatched to the scene and found his body inside the familyʻs burning home in Haveluloto, local media reported.

The Ramsays were well-known business family and they owned the Tōfā Ramsay Shipping company which served inter island ferry services in Tonga.

One friend had written “Gone too soon” and another had said “I can’t believe the news”.

Nancy said in a message she sent to Kaniva News on Facebook said that her son’s body will be laid to rest tomorrow Sunday 24 at Takaunove cemetery.



Army officer gets suspended sentence in Vavaʻu manslaughter case

A prison sentence was suspended in the case against an army officer a Supreme Court judge said he contributed to the cause of death of a male teenager in Vava’u.

Judge Charles Cato said although violence was involved there was no evidence that Petelō Tapueluelu punched Kelekōlio Fahiua in the head.

“I consider that this case falls in the lower range,” Judge Cato said.

After considering all the circumstances of the offending as well as Tapueluelu’s character, his cooperation and guilty plea the judge said: “I consider it appropriate to fully suspend his sentence.”

Tapueluelu, 28, admitted he unlawfully punched Fahiua, 18, on 30 December 2016 in Neiafu causing serious injuries to his spine. He died in hospital on arrival.

The court was told the deceased and a friend left a dance at a High School and  commenced drinking a bottle of liquor.

Later that evening, the victim left to meet a girlfriend and much later at 3am he met up with his friend at a restaurant for something to eat.

They heard a commotion and went out to investigate. Tapueluelu, who had been drinking that night, also heard the fight and went to break it up.

He was chasing a large number of youths away when the deceased and his friend walked towards him.

Fahiua asked who he was and swore at him.

Tapueluelu, who has served in the Armed  Forces  for  eight years, walked towards him and punched him twice.

An amended summary of facts showed that he punched him towards the head area  but the  deceased  blocked those  punches with  his  hands. The deceased turned around and  walked  about five metres away before collapsing to the ground with his chin first on the· pavement.

Tapueluelu, who has also served in Afghanistan, where he received  HMAF General   Service  Medal, British Operational Service medal, and an  International Security Assistance  Force medal, ran to his aid and with friends took him to hospital.

Mr. Cato sentenced him for one year and nine months imprisonment.

Because Tapueluelu pleaded guilty Mr. Cato allowed him 12 months and also granted him a further 9 months discount for his record of service, his apology and contribution to the funeral, and his good character overall.

Tapueluelu’s lawyer Mr. Sifa Tu’utafaiva told the court he had advised his client not to plead guilty but he had insisted on doing so.

December a month of reminiscing and loving one another, says community leader

December is a month of remembering the Mercy of God, socialising and a time for kāinga to love one another, said Tongan Community leader Sione Tu’itahi.

He said this was a time to reminisce about what we did throughout the year and what we had planned ahead.

“What was accomplished and what was not,” he wrote in Tongan.

Tu’itahi said a good kāinga (relatives) was the foundation of a good town and nation.

If the foundation was strong the fale (house) could withstand any strong winds, he said.

Tu’itahi, a former Tongan journalist, lecturer at Massey University and now director of the Health Promotion Forum of New Zealand and Secretary of the Aotearoa New Zealand Tongan Church-Faith Leadership Network in Auckland, New Zealand said this in his second monthly Tongan language column for Kaniva News.

In his first article last month, Tu’itahi wrote about the Mate Ma’a Tonga’s participation in the Rugby League World Cup tournament 2017.

In that article he wrote the Mate Ma’a Tonga players had rekindled the kind of courage, respect and peace Tongans have whenever they were defeated in sports.

This week Tu’itahi said he believed the kāinga was the beginning of Tongans’ country exploration, nation building, nation keeping and nation designing.

He believed the kāinga was where the first church, first classroom and the first clinic had been built. The first church leader and teacher as well as first doctor for the children were the parents who were the key features of the kāinga.

He said he had seen the positive outcomes of these in the many years he had been involved in international academic research and work in Tonga.

He said many of the Tongans who were working diligently for the benefits of the country in areas such as religion, education and government were those who had been taught to know of what a good kāinga was.

Tu’itahi said no kāinga was perfect, but kāingas who were prudent, worked hard to achieve certain goals and were patience when there were difficulties, would succeed and with that success would continue to benefit their next generations in contributing to building the nation.

Tu’itahi said if Tongan nation builders and keepers continued to look after those successful Tongans or even foreigners who came from overseas countries to help Tonga, this would confirm an expansion of Tonga to become part of those countries.

These good Tongans from overseas would continue to represent Tonga in sport, faiva, trades, religions and education.

Tu’itahi said big countries like Israel, China and India invited their successful people who had been staying in overseas countries to return or just stay in their foreign countries and contribute to building their homeland.

 

Pictures of booksʻ covers written by Sione Tuʻitahi
Fonua Ola mo hono ngaahi konga lalahi ʻe ono

Cabinet line-up expected this week; Gov’t better off without independents or nobility, says Justice Minister

Tonga’s new cabinet will reflect who the people wanted to be in their government after the snap election, Justice Minister Hon. Vuna Fā’otusia said today.

Details of the cabinet are expected to be announced this week.

The Prime Minister had allowed his cabinet ministers to give him their opinions on who they thought should be in the cabinet.

“It will probably be announced on Friday as we need people to know about it before Christmas,” Hon. Fā’otusia told Kaniva News.

He said he made it clear in cabinet today he did not want anyone from outside the PTOA (Democratic Party) team to be appointed minister as it happened after they took power in 2014.

He said the nobility appeared to not have kept their relationship with the people’s representatives healthy after Prime Minister ʻAkilisi Pōhiva offered them ministerial and governorship posts.

The Minister denied a list of names circulated on social media yesterday with Facebook users saying it was the new cabinet.

“No. We have not yet made up a list as we are still discussing it”, Hon. Fā’otusia said.

“The 14 Members of Parliament elected by the people from PTOA after the snap election have the expertise and experience as well as the academic qualifications to run the government,” the Minister said.

Ministers Outside Parliament

Hon. Fā’otusia said the constitution stipulated that the Prime Minister had the power to appoint four ministers outside Parliament.

“The only problem is that those four ministers cannot vote when it comes to votes of no confidence,” the Minister said.

In a previous interview, Hon. Fā’otusia said he believed it was a good idea for the Prime Minster to use that clause in his decision to make up his ministerial line up.

He said there were very bright Tongan academics who had no interest at all in politics, but could help make the government’s policies and operational matters effective and efficient.

He said the United States political system had proved this to be true as their president was allowed to pick the best people from outside to help him.

Struggle revealed

Hon. Fā’otusia claimed they had struggled in the past to run the government before the snap election because of some of the independents who helped made ‘Akilisi Pōhiva Prime Minister in 2014.

He said the Prime Minister had to please these ministers from time to time and give them whatever they wanted.

These included restructuring some of the Ministries and attaching new ones to each other because the independents wanted to control those ministries.

He claimed some of the cabinet discussion on agendas had been deadlocked because the independents appeared to not want to cooperate with the PTOA ministers.

For more information   

‘Akilisi Pohiva is Prime Minister of Tonga until 2021

Pacific Forum agency says Australia committed to helping small island states

Australia’s Foreign Policy White Paper shows the South Pacific’s largest economy is committed to helping small island states like Tonga, according to Pacific Trade Invest.

PTI is an agency of the Pacific Islands Forum Secretariat.

PTI said the Pacer Plus agreement, which was signed in Tonga earlier this year, would be the key body for promoting stronger trade and investment in the region.

Pacer Plus was signed by Australia, New Zealand, the Cook Islands, Kiribati, Nauru, Niue, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.

The Pacific’s two largest Island economies, Papua New Guinea and Fiji, pulled out before the signing.

Australia would also look at creating more opportunities for islanders to work across the region.

The PTI report said the Australian Government would focus on economic growth, security, fisheries and building more resilient communities in the Pacific nations.

“The white paper recognises the growth restraints faced by the Pacific region, including remoteness from markets, limited land and resource bases, the dispersal of people over many islands and environmental fragility,” the PTI said.

It said Australia’s policy on the Pacific had three priorities.

These were greater integration with the Australian and New Zealand economies, tackling security challenges with a focus on maritime issues and strengthening personal links, skills and leadership.

Australia has budgeted Aus$1097.8 million for the Pacific, of which Aus$15.4 million has been earmarked for infrastructure and trade.

The main points

  • Australia’s Foreign Policy White Paper shows the South Pacific’s largest economy is committed to helping small island states like Tonga, according to Pacific Trade Invest.
  • PTI said the Pacer Plus agreement, which was signed in Tonga earlier this year, would be the key body for promoting stronger trade and investment in the region.
  • The PTI report said the Australian Government would focus on economic growth, security, fisheries and building more resilient communities in the Pacific nations.

For more information 

Australia’s Foreign Policy White Paper: What does it mean for the Pacific Islands?

Care during her mother’s last days changed bride’s heart

A young Tongan man showed his love for his future bride by supporting her mother during the last days of her illness.

That love was rewarded with a wedding last weekend in Tonga and a chance to start a new life in Australia.

Siaosi Lopeti, who  was working in Australia, met high school teacher ‘Ana Maka when they sang together in a choir.

At the time Maka’s mother was bedridden with cancer. Siaosi regularly visited her mother when she was moved to hospital and comforted her while she was struggling with the pain.

Her mother died while Siaosi was still in Australia.

He returned to Tonga at the beginning of this year and stayed until August when he was granted a fiancee visa to travel back to Australia.

The couple were married in Pea Catholic church with a reception at Liku’alofa resort on Saturday.

The couple will return to Australia next week. Siaosi now has permanent residency after Maka applied for it on his behalf.

During the celebrations, Siaosi’s eldest sister Sesilia Ika Palusa praised Maka for her love for Siaosi.

Muddle in Parliament as MPs move to elect deputy Speaker

Parliament was briefly deadlocked this evening as the House was told to elect the Deputy Speaker.

New Deputy Speaker Lord Tu’ilakepa challenged the Democrats after they did not support a motion for him to be the Deputy.

“What happened “kau fakafofonga” (Democrats representatives)?” Lord Tu’ilakepa asked in the House.

The Member for Ha’apai 12 asked the Interim Speaker if it was possible to allow the Democratic Party members to see the king about the nobles’ refusal to accept their motion about who they wanted to become Deputy speaker.

He appeared to stand by the fact that the Democrats had reclaimed power and held the majority in the House after Hon. ‘Akilisi Pohiva was re-elected Prime Minister, therefore they have the right to decide who should be the Deputy.

At one stage outgoing Finance Minister Tevita Lavemaau scolded one of the MPs for interrupting while he was speaking in support of the nobility.

Hon. Lavemaau told the MP he did not want to be interrupted while he was speaking.

Hon. Lavemaau urged the Democrats to agree with the nobility and elect Lord Tu’ilakepa to become the Deputy.

Motions

The Democrats began moving motions for the Deputy position after Education Minister Penisimani Fifita moved for Lord Fakafanua to become the Speaker.

His motion for the Speaker was seconded and all MPs unanimously agreed.

He then moved for Lord Vaha’i to become the Deputy, but the noble turned down his proposal,  saying he did not have the experience to take the post.

Lord Nuku moved for Lord Tu’ilakepa to be the Deputy and was seconded.

The Democrats pushed further and moved for Lord Tui Ha’angana, Lord Tu’i’afitu and Lord Nuku, but the trio rejected it saying they respected the motion for Lord Tu’ilakepa.

Prime Minister ‘Akilisi Pōhiva finally spoke on behalf of his Party and told the Interim Speaker they supported Lord Tu’ilakepa to become the Deputy Speaker.

Because no other candidates were seconded for the post, Lord Tu’ilakepa then, according to the constitution, became the Deputy Speaker.

Lord Tu’ilakepa

On December 17, 2011, the Sydney Morning Herald, citing Australian Federal Police, reported that a Colombian drug syndicate allegedly bribed the then Speaker of the Tongan Legislative Assembly, Lord Tu’ilakepa, to sponsor a Colombian drug boss to come to the Pacific island.

“The drug boss, Obeil Antonio Zuluaga Gomez, wanted to direct an alleged operating hub from Tonga and oversee cocaine shipments,” the Herald reported.

“Despite having never met Gomez, Lord Tu’ilakepa wrote that he would ”guarantee that I will be providing the necessary housing and financial support to this person [Gomez] and take full responsibility for him during the duration of his stay.”

“I can also vouch that the aforementioned is an honest, trustworthy and law abiding person.”

Gomez has been previously imprisoned for drug trafficking.

As a result of raids prompted by the Australian investigation, Lord Tu’ilakepa was charged with drugs and weapons offences.

The charges were dropped in 2013. The then Solicitor General, ‘Aminiasi Kefu, said this was because the case was complex and because key evidence gathered from telephone interceptions was done outside of Tongan law.

Earlier this year Lord Tuʻilakepa claimed in Parliament that his application for a visa to the United States had been declined because Hon. Pohiva  had reported on him adversely to the US embassy.

Elections

Today’s elections took about nine hour, starting at 10am to about 7pm.

The media were allowed to sit in the House, but were told to leave before the secret ballots for the Prime Minister, the Speaker and their Deputy.

The whole programme however was broadcast live on radio.

Before closing the House, Interim Speaker Lord Tangi ‘o e Vaonukonuka thanked for the MPs for the excellent work they did today to make complete the election process.

For more information

‘Akilisi Pohiva is Prime Minister of Tonga until 2021

Lord Tuʻilakepa accuses Prime Minister of bad mouthing him to US embassy

‘Akilisi Pōhiva is Prime Minister of Tonga until 2021

‘Akilisi Pōhiva, 76, has been elected by a majority of Members of Parliament to become Tonga’s Prime Minister for the next four years.

A total of 14 members out of the 26 Members of Parliament voted for Hon. Pōhiva, while 12
MPs voted for the rival candidate, Hon. Siaosi Sovaleni.

Meanwhile, Lord Fakafanua has been elected as new Speaker of Parliament.

Hon. Pōhiva, who has led the PTOA or Democratic Party since its establishment in the last
decade told the House this morning before the election he was grateful to the people of
Tongatapu for electing him to Parliament from 1987 to 2010 when the old electoral system allowed the whole of the mainland to elect three candidates to the House.

He also thanked the constituents of Tongatapu 1 for voting him into Parliament since 2010
after the electoral system was changed to give Tongatapu 10 candidates to be elected to Parliament.

After it was announced at about 6.30pm that he was elected as Prime Minister Hon. Pōhiva thanked the king and the people for putting their trust in him again.

In his speech in support of Hon. Pōhiva, Hon. Pōhiva Tu’i’onetoa, Tonga’s Minister of
Finance, said the results of the snap election showed that the majority of people trusted
Hon. Pōhiva and his ambition to have a government which supported good governance and
justice.

He described the results in Tongan with a Biblical saying ( Luke 6:43-45) “a tree is known by its own fruits.”

He said he supported Hon. Pōhiva to be Tonga’s next Prime Minister after his 30 years experiences as Tonga’s former Auditor General.

Hon. Tu’i’onetoa said one of his roles was to watch on government leaders to make sure they were accountable to their responsibility for people.

He then referred in his speech to some Tongan vocabularies such as “‘ikai toka’one” and “fōfō’anga” to describe previous government leaders saying they could not beat Hon. Pōhiva when it comes to principles such as justice and good governance.

Another Party member, MP Mo’ale Fīnau, said he believed previous governments upheld
justice and good government, but they did not maintain a constant level of support.

Hon. Finau believed Hon. Pōhiva stood firm in his desire to bring justice and good
governance to Tonga more than any previous Tongan government leader.

Hon. Fīnau said that in 2010 and 2014 the Democratic Party failed in its attempt to elect its
17 candidates or the majority of PTOA to Parliament. However, in the snap election they had won a majority of seats for the first time.

MP ‘Akosita Lavulavu for the Party told the House this morning that according to the snap
election results the majority of voters in the Vava’u islands, Tonga’s second largest island
group, wanted Hon. Pōhiva to become Tonga’s Prime Minister.

She said God wanted Hon. Pōhiva to become Prime Minister and that was embodied in majority of the voters who went to polls in the snap election.

She said he had promised her the government would help Vava’u in special way in the next
four years.

Niua MP Vātau Hui said the nation had been praying for an answer to the snap election and
the results had been given that Hon. Pōhiva should lead the nation.

However, MP Sāmiu Kiuta Vaipulu who nominated Hon. Sovaleni said MPs needed to work
together to build the nation.

He said prices for consumer goods were high because of a levy imposed by the government.

Democrats hold retreat in Hihifo as nation waits for election results tomorrow

PTOA members showed strong unity this weekend ahead of tomorrow’s election day for Tonga’s next Prime Minister.

All Party members attended a retreat for the party at Liku’alofa resort in Hihifo except for the Minister of Justice, who had another commitment.

The Minister of Police, Mateni Tapueluelu, told Kaniva News last night they just needed time away from the public.

The retreat was also attended by the Party’s unsuccessful candidates, Katalina Tohi and Tomifa Paea.

Lobby

Kaniva News has asked Niua MP Vatau Hui about allegations that he joined the nobility in voting for a Prime Minister designate who was nominated by MP Samiu Vaipulu.

Hon. Hui laughed and said that even while he was at the Party retreat, which began on Friday, he was still being contacted by one of the nobility and some of their supporters who made him various promises and asked him to join them.

He said he told his constituents he was running as a candidate for the Party and he had to honour and respect the response from all the Niuans who voted him to Parliament because of the PTOA.

Godly intervention

Prime Minister ‘Akilisi Pohiva said he believed God has intervened and give him and his Party another four years to run the government.

He said their parliamentary term was supposed to end in November next year, but after the king dissolved Parliament because he was not satisfied with the government, the people made  the opposite happen.

“They voted us back to the House,” he said.

Hon. Pohiva said he trusted his Party members would  stand together and vote for him tomorrow (Monday, Nolvember 18) to become Tonga’s next Prime Minister.

As Kaniva News reported earlier this week, MPs will also elect the new Speaker of Parliament and their deputies.

The main points

  • PTOA members showed strong unity this weekend ahead of tomorrow’s election day for Tonga’s next Prime Minister.
  • All Party members attended a retreat for the party at Lifu’alofa resort in Hihifo except for the Minister of Justice, who had another commitment.
  • The Minister of Police, Mateni Tapueluelu, told Kaniva News last night they just needed time away from the public.

For more information 

Pōhiva calls Lord Tu‘ivakanō’s advice for king to dissolve House worthless