The parliament’s decision to grant MPs pay rises which allowed a pay back period of three years from 2018 until 2021 was a breach of the constitution, the Lord Chief Justice Whitten has ruled today.
The decision comes after Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Mr Whitten ruled that Tapueluelu has “established an arguable case that” the House did not comply with its own rule which stipulated that such decisions must be “dealt with as motions”.
As Kaniva News reported previously the House passed the decisions after circulating a circular among its MPs.
However Mr Whitten said previously that “The circulars were neither a motion nor a resolution”.
“The Defendants’ challenge to jurisdiction is refused”, Mr Whitten said today.
“The Plaintiff has leave to proceed.
“The Defendants are to file a Statement of Defence by 22 September 2023.
“The Plaintiff is to file any Statement of Reply by 13 October 2023.
“The matter will be listed for further directions before Tupou J on 20 October 2023 at 9 AM in court 2 or such other date as Her Honour may advise.
The costs of the Defendants’ application shall be costs in the cause”.
The hearing for a judicial review of a decision by Parliament to grant MPs pay rises is now up to a Supreme Court judge to determine if the Legislative Assembly was acting within the powers given to them by legislation
MP Tapueluelu (Middle), his wife Lautala and members of his legal team. Photo/Supplied
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Tapueluelu and his legal team posed for a photo outside a Tongan court and shared it on social media today.
A caption said this was the final day of the hearing and they were awaiting the court decision.
As Kaniva News previously reported, the application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
A previous court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of TP$6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
The hearing for a judicial review of a decision by Parliament to grant MPs pay rises is now up to a Supreme Court judge to determine if the Legislative Assembly was acting within the powers given to them by legislation
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Tapueluelu and his legal team posed for a photo outside a Tongan court and shared it on social media today.
A caption said this was the final day of the hearing and they were awaiting the court decision.
As Kaniva News previously reported, the application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
A previous court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of TP$6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
Former New Zealand coach Steve Hansen has joined Australia in a short-term advisory role in the leadup to the Rugby World Cup after accepting an invitation from Wallabies coach Eddie Jones.
An Australia team spokesperson confirmed Hansen, who guided the All Blacks to their 2015 World Cup win in England, would be in camp this week ahead of Sunday’s warmup test against World Cup hosts France in Paris.
Hansen is not being paid by Rugby Australia for what is expected to be a one-week stint, the spokesperson said.
Jones and Hansen have battled from opposing coaches’ boxes throughout their long careers, most notably during the 2019 World Cup in Japan.
Under Jones, England upset Hansen’s All Blacks 19-7 in the semi-finals before losing 32-12 to South Africa in the final.
Jones, who is winless from four tests in his second stint coaching the Wallabies, is expected to name his matchday squad for the France clash on Friday.
Australia, under former coach Dave Rennie, were beaten 30-29 away by France last November.
Jason Taumālolo has lost two of his mother’s brothers after they died within hours of one another.
Vaimama Sole (L) and Palei Sole. Photo/Supplied
Vaimama Sole died in Tonga while Palei Sole died in Hawai’i on Friday 18 (Tonga time) with their heartbroken kāinga and friends sharing their grief at the loss of their friends and cousins.
The causes of their deaths are still unknown.
Now devastated relatives have shared their devastation on social media.
They described the brothers as “mata ‘ofa and mata kāinga” or loving and eager to connect with their relatives wherever they met.
“It is with very heavy hearts that we heard the tragic passing of the Sole brothers,” a commenter wrote.
“Their family and friends are devastated by their loss”, another wrote.
The news comes as North Queensland Toyota Cowboys were still celebrating Taumālolo’s 250th game milestone last night Thursday 17.
The North Queensland co-captain and middle forward played his 250th NRL game for the club against Cronulla.
Taumālolo has become the youngest player in the club’s history to reach this historic achievement.
His success comes after he missed two months of action mid-season with a knee injury and returned against Penrith on the bench in Townsville in round 16 to inspire a vital 27-23 win.
A Tongan man who was caught trying to smuggle 29.7kg of methamphetamine from Tonga into New Zealand has been sentenced to life at Hu’atolitoli prison.
Norman Kama Manulevu
Norman Kama Manulevu, 45, from Nukuhetulu, Tongatapu was charged with exporting illicit drugs after a joint operation between New Zealand and Tonga police intercepted the suspicious parcel in Auckland in 2021.
The parcel was concealed in a food container which was transported from Tonga before it arrived in New Zealand in July that year.
At the time, New Zealand authorities arrested five suspects and charged them with importation of methamphetamines from Tonga as part of the investigations.
A report by theMatangi Tonga Online this week said Justice Cooper sentenced Manulevu to life imprisonment, after he was found guilty by a jury on 10 August, at the Supreme Court in Nuku’alofa.
“It is understood that the accused is the first to be convicted and sentenced to life imprisonment under new amendments to the Illicit Drugs Control Act introduced in December 2020”, the report said.
“The new provisions provide that a person convicted of importing or exporting a class A illicit drug such as methamphetamine or cocaine, above a certain weight, will receive a mandatory life imprisonment sentence.
“The provisions were introduced to impose tougher sentences for persons who import or export class A illicit drugs”.
A Tongan father who died after being electrocuted at a construction site was laid to rest on Wednesday at the Northshore Memorial Park, Auckland.
Wesley Talakai, with his wife Tasha and their two boys. Talakai died in a workplace accident in the North Shore
Wesley Talakai, 38, was delivering timber to the worksite of a house being built on Tauhinu Road in Greenhithe, Auckland on August 5, a Daily Mail report says.
Mr Talakai was helping to unload the timber from his truck as a crane operator tried to move the packets of wood.
But the tradesman was electrocuted when the raised crane accidentally touched high voltage power lines that were above Mr Talakai’s truck during the operation.
Emergency services were called to the construction site by the owner but Mr Talakai died at the scene.
Mr Talakai leaves behind a wife, Tasha Talakai, and two boys aged 12 and five.
His funeral is scheduled for next week with family from Tonga set to fly over to attend.
The family has also received support from the local Tongan community in Auckland.
Lisa McKenzie, who is a close friend of Ms Talakai’s, reflected on the tragedy.
‘They are the nicest, most loving family. He was so devoted to her and anyone they came into contact with, they carried light and were nice to everyone, and like a really sweet family,’ she told the New Zealand Herald.
‘It’s sad for anybody but heart-wrenching for this family because they were so closely connected.’
Ms McKenzie has set up a Givealittle page to support the family which will go towards covering their bills.
‘Let’s help this beautiful Christian homeschooling family through our donations, which will allow a bit of breathing space, by paying to keep a roof over their heads, food, electricity, and other basic necessities,’ she wrote.
WorkSafe has commenced an investigation into the incident.
Tonga government is expected to face Parliament’s Select Committee over concerns about airworthiness of Lulutai’s aircrafts.
DHC-6-400aircraft. Photo/Supplied
The government’s owned national troubled Lulutai airlines had been under the spotlight long enough for the House to unanimously vote in favour of a proposal this week by the Tongatapu 7 MP to investigate the services.
The Select Committee of six MPs had been approved by the Legislative Assembly after mounting concern surrounding the airworthiness of the Lulutai aircraft.
The Committee is responsible for making sure that Lulutai’s works meet levels of transparency and accountability expected by taxpayers.
The inquiry comes after the company’s Y12 aircraft veered off the runway during its take-off run last month.
As Kaniva News reported at the time the aircraft spent 20 minutes trying to take off before it returned to the terminal at Kaufana airport.
Shortly after the Kaufana incident the Y12 plane collides with an aircraft tug after the tow-bar snapped during towing at Fua’amotu hangar prompting cancellations to its flight schedules.
Prime Minister Hu’akavameiliku told a press conference recently that Lulutai’s 34-seater SAAB aircraft had to return to Tongatapu after it struggled to land at the Lupepau’u International Airport.
The Parliament had also been concerned this week over the government’s lack of transparency about its new aircraft which most of the MPs had only became aware of the purchase after Kaniva News reported it last week.
In that report we said the airlines has bought a 19-seat DeHavilland Canada Twin Otter for US$6.5 million including other costs.
Deputy Prime Minister Sāmiu Vaipulu said the new aircraft was part of the government’s move to fix the domestic flight services ongoing issues. He said once these problems are resolved the airlines will be given to a private operator.
New aircraft to leave China
Meanwhile, Kaniva News understands the Lulutai’s new aircraft is expected to leave China heading to Australia for painting and to have its logo designed before heading to Tonga.
The Lulutai airlines chief executive Poasi Tei has confirmed this to Kaniva News this morning. When asked about the new aircraft’s schedules once it leaves China, Tei said they are currently working on it.
The Select Committee six members include the Deputy Prime Minister Hon. Samiu Vaipulu and the Hon. Finance Minister from Cabinet, Lord Tu’ivakano and HSH Prince Kalaniuvalu Fotofili of the Noble’s bench and Tongatapu 5 MP, Dr. ‘Aisake Eke and Piveni Piukala of Tongatapu 7.
The reserve members also include the Hon. Trade Minister Dr. Viliami Latu from Cabinet, Mateni Tapueluelu of Tongatapu 4 constituency from the People’s Bench and Lord Nuku from the Noble’s Table.
Tonga’s Prime Minister Hu’akavameiliku has confirmed the troubled Lulutai airlines has bought a new aircraft.
Hon Hu’akavameiliku
He was responding in Parliament after a submission by the Tongatapu 7 MP calling on the House to stop the government from “planning to buy a new aircraft”.
However, the Prime Minister adimitted that the aircraft has already been purchased.
The news comes after Kaniva News reported last week it had information that the airlines has bought a 19-seat DeHavilland Canada Twin Otter for US$6.5 million including other costs.
The Lulutai’s chief executive, Poasi Tei, did not respond to our request for confirmation at the time.
It is understood that in May this year Australia’s Department of Foreign Affairs and Trade awarded a contract to support a Twin Otter in Tonga.
Twin Otters have an extremely good reputation and have been used widely in the Pacific.
The Kiribati government bought one in February through an American company and it appears the deal may have been supported by the US government.
According to Kaniva New’s sources, a Twin Otter is being prepared and is expected to arrive in Tonga soon.
It is understood that earlier this year, Tei was enquiring about the possibility of acquiring a Twin Otter for a three to six months lease.
Micro operators such as Lulutai normally seek a package known as a wet lease that includes an aircraft, crew, maintenance and insurance. However, Tonga’s financial position is likely to affect its chances of securing an aircraft without external funding guarantees.
A man has died on a plane at Fua’amotu International Airport despite desperate attempts to revive him by an experienced off-duty medical doctor who was on the same flight.
Sione Tukuafu. Photo / Supplied
The man reportedly died on Air New Zealand flight NZ977 to Auckland about 11pm last night Saturday 12.
All passengers, except the deceased’s son and a grandchild, were told to leave the plane so paramedics could treat the passenger, a source told Kaniva News.
An ambulance was called to the scene.
After the man was declared dead it was announced the aircraft would return to Auckland without the passengers.
A relative told us the deceased was Sione Tukuafu.
The details of the cause of his death were still unknown.
Tonga has defeated Canada 28-3 in the first of two test matches at Te’ufaiva Stadium in Nuku’alofa on Thursday afternoon after having had to play large parts of the match with 14-men due to a yellow card to flanker Solomone Funaki in the first half and a red to former All Black centre Goerge Moala.
Tonga has defeated Canada 28-3 in the first of two-Test matches at Te’ufaiva Park in Nuku’alofa on Thursday. 10 August 2023. Photo: Canada Rugby Union
The ‘Ikale Tahi outscored their visitors four tries to none, with number eight Sione Vailanu claiming two while hooker Samiuela Moli and halfback and captain Sonatane Takulua adding one each.
The hosts scored three tries in the first half to lead 21-3 at halftime and scored their fourth in the second half and deny the Canadians any try in front of 6,000 local fans.
Skipper Takulua, playing his 51st Test for the men in red, led the rampage early, getting on the scoresheet himself after he received a well-timed pass from winger Fine Inisi Junior to run in untouched under the crossbar.
He also amassed a personal tally of 13 points in the clash and recorded a 100 percent conversation rate with his boots.
The win was what head coach Toutai Kefu was hoping for to restore confidence in the team amongst local fans, following the win-less Pacific Nations Cup series against Fiji, Japan and Samoa.
Hooker Samiuela Moli dived over after the forward pack mauled their way towards the Canadian line, following a lineout win early in the game as the Tongans turned the heat on.
Then it was Takulua who added his try followed by number eight Sione Vailanu, who finished off another forward drive.
Takulua’s conversions had the team leading 21-3 at halftime, after the Canadians claimed three points from a successful penalty attempt by fullback Peter Nelson.
It was a scrappy first half as both teams tested each other out.
Vailanu claimed a second try in the second half, peeling off a maul to crash over the Canadian line.
Canadian captain and flanker Lucas Rumball was a terrier amongst the forwards and thwarted a number of Tongan forward attacks.
His pack included Tongan Siaki Vikilani, son of Tasi Vikilani, a former ‘Ikale Tahi captain himself.
Winger Kainoa Lloyd had two good runs for the visitors but unfortunately halfback Ross Braude and then Liam Murray knocked on when the ball came their way.
Defending well
Tongan flanker Funaki was sin-binned for an infringement in the first half while inside centre and former All Black Moala was sent off the field after what was deemed a dangerous tackle on his Canadian opposite Spencer Jones early in the second spell.
That meant Tonga had to play the last 30 minutes of the match with only 14 players.
But they defended well and denied Canada two possible tries.
The second half was scrappier, with a number of knock-ons and penalties from unnecessary infringements in rucks and tackle-ball situations.
Tonga is using the series as their final warm up matches before they leave for the Rugby World Cup in France.
Coach Kefu is expected to name his 33-member squad next week, following the second Test against Canada on Tuesday afternoon in Nuku’alofa.
