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Labour leader Jacinda Ardern next New Zealand prime minister

By
Kaniva Staff
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Kingmaker Winston Peters has announced his New Zealand First Party will throw its support behind the Labour party leader Jacinda Arden.

Ardern will claim the top job after only two and a-half months as Labour leader – and follows her former mentor Helen Clark into the top job.

Ardern took over as party leader from Andrew Little in August in a unanimous vote.

At 37, Ardern will be New Zealand’s third woman Prime Minister, after Jenny Shipley and Helen Clark.

She will also be New Zealand’s second youngest ever Prime Minister, after Edward Stafford who was also aged 37 when he took office 161 years ago.

The decision has just been announced at Parliament by New Zealand First leader Winston Peters.

Speed, alcohol factors in fatal Vava’u crash

By
Kalino Latu
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Speed and alcohol were factors in a crash that killed three men and injured eight including the driver, Police said.

Ulaea To’imoana Folau, 24, of Leimātu’a, Anitelu Kātoa, 20, of Leimātu’a and Kāsete Lātū, 17 of Haunga, Makave were killed when the double cap van they were passengers in had crashed on Saturday 14.

Police Commissioner Steve Caldwell said the injured ages ranged from 19 to 26.

The group was on their way back to Neiafu from Mata’aho, a historical side where they were drinking alcohol when the driver lost control of the vehicle at an area where the road was very steep.

The death brings the road toll for 2017 to 4, compared to 18 last year.

“While the full circumstances of the crash are yet to be determined, alcohol and speed are being considered in this case. I can say that all too often Police are attending serious crashes that are avoidable,” said Commissioner Caldwell.

“So many families have been dealing with the grief of losing their loved ones on our roads, and that’s incredibly sad.

“We extend our sympathy to the families of those involved and our thoughts are with their loved ones at this tragic time.

Crashes like this are preventable and we all need to do our part to reduce deaths and injuries on our roads.”

Investigation into the crash continues.

Electricity Commission’s interim CEO moves to sack Lord Dalgety

By
Kalino Latu
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The acting CEO of the Electricity Commission, Paula Tupou, said he has pushed for the Commission’s board to sack former CEO Lord Dalgety with immediate effect.

Tupou said an employment contract between Lord Dalgety and the commission which has a clause that put him in the position until he died with some exceptions was fake.

As Kaniva News reported last week, Lord Dalgety has  been at the centre of an investigation by Tupou after allegations emerged that money was missing from the Electricity Commission pension funds.

Lord Dalgety tendered his resignation on Monday to the chairman, Rev. ‘Alifeleti ‘Atiola, citing his old age and health condition, but said his departure would be effective in March 2018.

Tupou, who was appointed as interim boss this week, said the board was expected to hold a meeting yesterday (Tuesday 17) to formally dismiss the king’s noble.

He said the first item on the agenda would be to resolve to sack Dalgety immediately for having no legal employment contract with the EC, he said.

He said he would then send Dalgety by e-mail a letter signed by majority of the Commissioners dismissing him.

The letter would also instruct him to surrender all properties of the Commission in his possession.

A police officer would be present to supervise the handover process at the Commissions office.

“If he is not there at the appointed time, the charge will then include theft of Commission property (information) and Police will be looking for him and escort him to the venue advised,” Tupou said yesterday

Tupou accused Lord Dalgety of not complying with the commission’s trust deed or surrendering information he wanted for his investigation.

“This refusal to obey a lawful order is punishable by immediate dismissal, without notice”, Tupou said.

The king’s law lord is currently Tonga’s Election Commissioner and was also chair of the Privy Council’s Judicial Standing committee.

It is not yet clear whether Lord Dalgety intends to resign from his other appointments.

The main points

  • The acting CEO of the Electricity Commission, Paula Tupou, said he has pushed for the Commission’s board to sack former CEO Lord Dalgety with immediate effect.
  • Tupou said an employment contract between Lord Dalgety and the commission which has a clause that put him in the position until he died with some exception was fake.
  • As Kaniva News reported last week, Lord Dalgety has been at the centre of an investigation by Tupou after allegations emerged that money was missing from the Electricity Commission pension funds.
  • Lord Dalgety tendered his resignation on Monday to the chairman, Rev. ‘Alifeleti ‘Atiola, citing his old age and health condition, but said his departure would be effective in March 2018.

For more information

Electricity Commission meeting cancelled as Commissioner Tupou walks out

Lord Dalgety resigns amid probe into Electricity Commission pension funds

By
Kalino Latu
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Tonga’s Electricity Commission Chief Executive Officer Lord Dalgety of Sikotilani Tonga abruptly resigned yesterday Monday 16, citing health reasons, amid an investigation into claims of missing funds in the organisation.

His resignation comes after a meeting scheduled for Thursday last week October 12 to investigate the missing fund allegations has been cancelled after commissioner Paula Tupou who was conducting the investigation, walked out of the meeting venue.

In his letter of resignation to the chairman of the commission, Lord Dalgety said: “Having regard to my age (72) and for reasons of health the time is now propitious for me to announce my retiral from the important and onerous task of chief executive of the Electricity Commission, to be effective on 31st March 2018.”

“This will give amble time for the commissioners to engage a suitable replacement and for an orderly hand-over to be effective.”

Leaked emails previously obtained by Kaniva Tonga news appear to show Lord Dalgety has refused to comply with a demand for information about money allegedly missing from the Electricity Pension Fund Trust.

Read more:

A cabinet spokesperson said the government has taken allegations about the Electricity Commission retirement funds seriously.

It was not immediately clear whether or not the king’s law lord would also resign from his roles with His Majesty’s Privy Council and as Tonga’s Election Commissioner.

The Kaniva News can reveal the Minister of Finance Hon. Pōhiva Tu’i’onetoa repeatedly demanded  information from the commission apparently after we reported the allegations.

An email showed EC chairman Rev. ‘Alifeleti ‘Atiola wrote to Lord Dalgety and Commissioner Meleseini Folau informing them about the Minister’s demands.

“I would like to request that you kindly make available the information required by the Minister of Finance as per stated in his letter to me (attached),” the email read.

“We (commissioners) had a meeting with the Minister of Finance on Monday and he asked for the information again and I assured him that this coming meeting will facilitate the availability of the required information.

“Please note that I had given the Minister of Finance, of whom I am directly accountable, my word that he will have the required information by tomorrow evening after the meeting.”

Rev. ‘Atiola also told Lord Dalgety and Folau Hon. Tu’i’onetoa had appointed two new commissioners who had been approved by cabinet on 4 October.

The two new commissioners were Mr. Soane Patita Vahe and Ms. Seinimili Fonua.

Another email seen by Kaniva News was from Minister of Police Māteni Tapueluelu to Tupou.

Hon. Tapueluelu said the Electricity Commission saga has gone on for some time.

“My personal opinion is, I urge the Chair of the Commission to summon courage and take the bull by the horn,” Hon Tapueluelu told Tupou.

“As a former journalist, when issues get to the media, not one iota will be hidden. That’s when everyone must admit the truth.

As current Police Minister, if there are criminal elements involved, this government will not look away.”

Lord Dalgety’s letter of resignation

Electricity Commission meeting cancelled as Commissioner Tupou walks out

By
Kalino Latu
-

A meeting scheduled to investigate claims of missing funds in the Electricity Commission has been cancelled after a senior investigator walked out of the meeting venue.

Commissioner Paula Tupou, who has been investigating the allegations, said he left the meeting venue after he arrived to find out a meeting attended by Lord Dalgety of Scotland Tonga, who is at the centre of the allegations, was underway.

Commissioner Tupou said he was suspicious of the meeting.

He said he believed the meeting was being held to gather support for a move to avoid surrendering the information he was asking for as part of his investigation.

“I left because I have seen it all before. Dalgety leading the Commissioners by the nose,” he said.

The National Retirement Benefit Funds CEO, Dr. Leimoni Taufu’i, said the meeting that was supposed to investigate the allegations had been postponed and would be held later.

As Kaniva News reported earlier this week, the meeting was planned to also look at the employment contract of Lord Dalgety and discuss what the law said about the number of board members in the commission.

Dr. Leimoni Taufu’i did not go into details about why the meeting was cancelled.

Commissioner Tupou said the meeting he discovered involved two members of the Electricity Commission (EC), Lord Dalgety and Meleseini Folau, EC Chair Rev. ‘Alifeleti ‘Atiola, Dr. Taufu’i and two newly appointed commissioners.

Tupou said he asked them what meeting they were holding and Lord Dalgety told him it was a meeting of the Trustees.

Asked when the Electricity Commission board meeting would be held, Lord Dalgety told him it would be held after the Trustee’s Meeting.

“When I got there for the Commissioners’ meeting at 4pm, Rev. Atiola was in the middle of a meeting with Dalgety, Mele Folau, Leimoni Taufu’i and our two new Commissioners.

“What was Chairman Atiola doing there? He is not a Trustee,” Tupou said in an e-mail to Kaniva News.

“What were our two new Commissioners doing there? They would not know the first thing about the Electricity Pension Fund. It was their first meeting.

“What was Leimoni Taufu’i doing there?

Kaniva News has contacted Lord Dalgety to confirm Mr. Tupou’s claim.

Commissioner Tupou has questioned why Lord Dalgety’s contract was signed by Commissioner Folau as employer.

He also questioned a clause in the contract allowing Lord Dalgety to stay on his post until he dies with some exceptions.

He told Kaniva News other people in similar positions with the Commission did not have employment contracts.

The main points 

  • A meeting scheduled to investigate claims of missing funds in the Electricity Commission has been cancelled after a senior investigator walked out of the meeting venue.
  • Commissioner Paula Tupou, said he left after he arrived to find out a meeting headed by Lord Dalgety, who is at the centre of the allegations, was underway.
  • He said he believed the meeting was being held to gather support for a move to avoid surrendering the information he was asking for as part of his investigation.
  • The National Retirement Benefit Funds CEO, Dr. Leimoni Taufu’I, said the scheduled meeting would be held later.

For more information

Electricity Commission meets to address allegations; funds were audited, NRFB boss says

Man convicted of raping neighbour after breaking into her house

By
Kaniva Staff
-

A 29-year-old man was found guilty on October 10 of raping a female neighbour and breaking into her house in Ma’ufanga last year, a court document said.

Liua Fakatava  went into a house where the victim was sleeping after a night out and carried out the sex attack on her.

Fakatava had earlier denied raping the woman on 22 September 2016,

However Justice Charles Cato found him guilty of rape and serious housebreaking.

“I find, in the early morning of the 22nd September 2016, beyond reasonable doubt that the accused entered the complainant’s home uninvited as a trespasser and had non-consensual sexual intercourse with her,” Justice Cato said.

The court heard the woman had been to a funeral and after the burial she had gone for dinner with family to a bar where she had two bourbons and coke.

She also went to another bar and continued drinking there but she was not too drunk when she returned home and went to sleep at about 4am.

She said she woke up with a person on top of her. She said that it was still dark. There was some light from the kitchen, however.

She knew the person on top of her was the accused and she swore at him.

Fakatava, who worked as a bouncer, was working on the night and he was drinking with some friends after he finished work, the court was told.

Towns mourn three killed in Vava’u ‘shocking’ crash

By
Kalino Latu
-

Two Leimātu’a men and one man from Makave in Vava’u had been killed in a horror crash in Neiafu yesterday.

The reasons behind the crash have not yet become clear.

Vava’u 16 MP ‘Akosita Lavulavu has described the inicident as ‘shocking’ and compared its impact to a ‘darkness fell’ unexpectedly on the victims’ family and their houses.

It is understood Ulaea Havea and Semisi Kātoa of Leimātu’a were among the dead.

MP Lavulavu who visited the victims in hospital yesterday said other people who were injured in the crash were still in hospital.

Tongan authorities could not be reached for comment.

Family bestow grandfather’s nickname, ‘Hammer of the ‘Utula’āina,’ on Taumālolo

By
Kalino Latu
-

An uncle of Jason Taumālolo has honoured the rugby star with family and traditional nickname and told how he is connected by blood to some of Tonga’s best-known rugby players.

Mapa Taumālolo honoured Jason with their late grandfather’s nickname, “Hāmala ‘o e ‘Utula’āina” or Hammer of the ‘Utula’āina.

Mapa said their grandfather Elimeleki Sofele Tafuna Taumālolo was referred to by the nickname because he was a big, brave man revered for his physical courage.

He said everyone in their village of Holonga, Vava’u was euphoric after Jason opted to represent Tonga in the Rugby League World Cup later this month.

“Every Kolohea  in the globe is happy and they wish there was a road from where they live so they could come and support their son”, Mapa told Kaniva News.

He said Jason, Talilotu Ngaluafe who played winger for the ‘Ikale Tahi and former captain and ‘Ikale Tahi coach Fakahau Valu as well as Alisona (Sona) Taumālolo, who played for New Zealand teams including the Chiefs, were Jason’s cousins through their grandfathers.

Mapa said when he heard about Jason’s success in rugby he remembered the sacrifice Jason’s dad made when Jason was young.

“When I was studying in New Zealand, Jason’s father Va’ai came and picked me up on weekends,” Mapa said.

“Jason was very young at the time.

“Every evening we went and took Jason and his elder brother Warner for physical exercises.”

“Today I can see the result of how Va’ai and Tominika had sacrificed to support the talent of Jason and in our heart we are really happy and proud of it.

“We thank God for the talent He has given to our son”, Mapa said.

Mapa said  that Sione Taumālolo, the 11-year-old who was killed in a fatal Christmas Eve bus crash near Gisborne in 2016, was also a cousin of Jason.

Sione’s father is a younger brother of Jason’s father.

The Mate Ma’a Tonga team had been the centre of huge celebrations in the kingdom which ranges from parades, team members visiting hospitals, primary schools and some villages to people vying to take photos with the team players.

Their daily training sessions at Pangai Lahi in front of the Nuku’alofa royal palace have been attended by many and the team had been seen walking and shaking hands with the spectators after their training yesterday morning.

At a press conference in Tonga Taumālolo said it was a privilege to represent Tonga again and to represent his family.

Konrad Hurrell told the conference: “I was born and raised here and it is a privilege to come back.”

Mate Ma’a coach Kristian Woolf said the team had a good mix of what he called experienced campaigners with a lot of potential.

He said the team would have to work really hard in training so they could perform on the field.

The main points

  • An uncle of Jason Taumālolo has honoured the rugby star with family and traditional nickname and told how he is connected by blood to some of Tonga’s best-known rugby players.
  • Mapa Taumālolo honoured Jason with their late grandfather’s nickname, “Hāmala ‘o e ‘Utula’āina” or Hammer of the ‘Utula’āina.
  • Mapa said their grandfather Elimeleki Sofele Tafuna Taumālolo was referred to by the nickname because he was a big, brave man revered for his physical courage.
  • He said everyone in their village of Holonga, Vava’u was euphoric after Jason opted to represent Tonga in the Rugby League World Cup later this month.

For more information 

Mate Ma’a Tonga – National Rugby League Press Conference

Court denies Salt Lake FWC claims in latest step in long running church legal drama

By
Philip Cass
-

In the latest step in a long running dispute between two Tongan churches, an American court has denied an appeal for legal fees and costs to the Salt Lake City Laumālie Mā’oni’oni Free Wesleyan Church of Tonga.

The FWC had made the claims following a case last year in which another court dismissed a claim by the Church Mutual Insurance Company in which the company sought to determine its obligations to all parties in the dispute.

Church Mutual and the  Rocky Mountain Conference of the United Methodist Church and the Board of Trustees of the Tongan United Methodist Church Conference Parties then reached a full settlement and the district court agreed to dismiss all claims between them in February this year.

The FWC Parties argued that dismissal was improper because it did not vindicate their rights or resolve the controversy that still existed.

“The FWC Parties have not, however, identified any extant disputes or controversies, nor have they explained how Church Mutual may remain obligated to them,” Judge Monroe G. McKay Circuit Judge said in his report on the case.

“The FWC Parties appear to rely on the factor pertaining to their effort and expense in preparing for trial to argue against dismissal. But they were not required to prepare for trial. Their filings were limited to an answer, responses to intervention and discovery.”

The judge said the FWC’s fundamental argument in challenging dismissal was that Church Mutual should be required to pay their attorney fees and costs incurred in the case.

However, under American rules, parties to a lawsuit ordinarily paid their own attorney fees.

“Thus, the district court did not abuse its discretion in granting dismissal without awarding the FWC Parties their attorney fees and costs.

“The FWC Parties’ request for an award of attorney fees and costs on appeal is denied. The judgment is affirmed.”

The dispute dates back to 2013 when the Tongan Wesleyan Church split after Filimone Havili Mone, the former pastor of the Tongan United Methodist Church, was charged with failing to report child abuse.

The Rocky Mountain Conference removed Mone from his post, but apparently without telling his congregation why.

This caused a majority of  church members to agree to change the name of the Tongan United Methodist Church to Salt Lake City Laumālie Mā’oni’oni Free Wesleyan Church of Tonga, to elect a new board and modify its articles of incorporation.

The Conference sided with the minority members who remained with the Tongan United Methodist Church and opposed the changes.

In January 2013,  ‘Etimani Ma’afu, was elected as president of the Tongan United Methodist Church, but not for the Rocky Mountain Conference of the United Methodist Church.

The FWC filed a legal challenge alleging that Ma’afu was improperly claiming authority over the church’s assets. The Conference filed a counterclaim asserting ownership and control of the church’s charter and assets.

The Conference and the Tongan United Methodist Church then sued the Free Wesleyan Church of Tonga and its principals, alleging a breach of fiduciary duty in setting up their unaffiliated congregation.

The Church Mutual Insurance Company of Wisconsin then asked a federal judge to sort out whose legal bills it was obliged to pay in the dispute.

The company said  that it had determined that under a policy issued in 2010, it would potentially have to pay limited legal fees for Ma’afu, but not for the Rocky Mountain Conference of the United Methodist Church.

The main points

  • In the latest step in a long running dispute between two Tongan churches, an American court has denied an appeal for legal fees and costs to the Salt Lake City Laumalie Mā’oni’oni Free Wesleyan Church of Tonga.
  • The FWC had made the claims following a case last year in which another court dismissed a claim by the Church Mutual Insurance Company in which the company sought to determine its obligations to all parties in the dispute.
  • Church Mutual and the Rocky Mountain Conference of the United Methodist Church and the Board of Trustees of the Tongan United Methodist Church Conference Parties then reached a full settlement and the district court agreed to dismiss all claims between them in February this year.
  • The FWC Parties argued that dismissal was improper because it did not vindicate their rights or resolve the controversy that still existed.

For more information 

Church Mutual Insurance Company v. Board of Trustees of the Tongan United Methodist Church

Dispute over the assets of a Tongan Methodist church in Utah

Utah Tongan church dispute moves to federal court (2013) 

Broadcaster restructured to avoid closing down due to financial crisis, says TBC chair

By
Kalino Latu
-

The Tonga Broadcasting Commission was restructured to save it from being closed down, the Commission’s chair, Dr. Tu’i Uata said today.

Dr. Uata told Kaniva News the TBC faced being shut down in two months because it was running at a loss despite having a strong “technical” management to make sure it is functioned financially.

Dr. Uata blamed the situation on the way the TBC news was being created and broadcast.

In Tongan he said: “Ko e palopalema  ko e content oku ‘ikai manakoa aia makatuunga ai a e mole.”

This can be translated into English as: “The problem is that the content is not popular, that’s why it ran at a loss.”

He said he had launched a reform at TBC which based on the idea that everything in the organisation has to be “people centred” and focus on customers.

As Kaniva News reported earlier, two senior and long serving journalists at TBC were moved out of the newsroom and moved into the sales and marketing department.

Laumanu Petelō, the editor and Viola Ulakai, the news manager, were moved to a new department within the sales section known as NGO.

Chief engineer Solomone Fīnau has since been appointed acting general manager and Vilisoni Tu’iniua was taking care of the newsroom.

Dr. Uata said he wanted to put a stop to the “loss” so that the organisation could be profitable.

“According to the public enterprise law which we are under, if the organisation is not financially viable or it cannot be able to perform like you (Kaniva News), there is a ground for dismissal,” Dr Uata said.

“TBC cash flow will shut down in two months, and all will go home.”

“That’s the reality,” he said.

Dr. Uata said this was his priority at this stage.

He said he was concerned at TBC being operating at loss.

Dr. Uata was asked about Petelō and Ulakai’s expertise in marketing as they had been in the newsroom for most of their services.

In his response he said: “Koe expertise ke mau ha silini ikai koe mole he tukuhau kakai oku uesia.”

This can be translated into English as: “The expertise should bring in revenues and not to cause loss to the people’s tax money.”

The reform comes after Prime Minister ‘Akilisi Pōhiva told Kaniva News in an interview that the TBC had run at a loss for many years because the majority of sponsors and listeners moved and used other private broadcasters.

In February the government, which is TBC’s main sponsor, injected TP$200,000 to the broadcaster to support its operations.

The main points

  • The Tonga Broadcasting Commission was restructured to save it from being closed down, the Commission’s chair, Dr. Tu’i Uata said today.
  • Dr Uata said the TBC faced being shut down in two months because it was running at a loss.
  • He blamed the situation on the way the TBC news was being created and broadcast.
  • Prime Minister ‘Akilisi Pohiva said in an earlier interview that most of the TBC’s sponsors and listeners moved to other private broadcasters.
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