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Law to return power to king “has taken us backward” says Hon. Siaosi; describes  Democrat MPs’ support for Tu‘i‘onetoa government’s proposal as “disappointing”

By
Kalino Latu
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Tonga’s Democratic Party’s Secretary MP Siaosi Pōhiva has described a vote to return the power to appoint the Secretary for Foreign Affairs from the Public Service Commission to the king as “backward.”

The Tu’i’onetoa government tabled a Bill on June 29 as the Parliament’s Law Standing Committee Report Number 2/2020.

But Hon. Siaosi found himself a lone voice on the opposition benches, with other Democratic Party MPs supporting the new law including Leader Semisi Sika, Mateni Tapueluelu, Losaline Mā’asi, Sēmisi Fakahau, Penisimani Fifita, Mo’ale Fīnau, Veivosa Taka and Saia Piukala.

MP Siaosi told Kaniva News the action of his Party MPs was disappointing (“fakamamahi.”)

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According to Hansard, the Interim Minister of Law Samiu Vaipulu told the House there has been lack of agreement (“fefusiaki”) in the past while the authority was under the PSC.

The Prime Minister told the House the amendment was beautiful (“faka’ofo’ofa.”)

He said he supported the move to return the power to the king because the premiership in which the Ministry of Foreign Affairs was under was being changed from time to time.

Hon. Siaosi insisted during the debate in the House that the 2010 Political Reform was meant to ensure all executive powers to be brought from the king to the people through the executive government.

He said there was a need to make sure the Secretary for Foreign Affairs was accountable to the taxpayers.

He warned the House that they should be prudent in the way they made decision because the move could open an opportunity for the public to criticise the king if anything went wrong with the appointment of the Secretary.

But the government bench kept referring to clauses 39, 40 and 52 of the Constitution. These clauses dealt with Duties of the Ministers,  Foreign Ministers and the king’s power to sign the Treaties. The government implied they gave rise to a need to make the amendment.

Privy Council decision claim

The move comes after the PSC terminated former Secretary of Foreign Affairs Mahe’uli’uli Tupouniua in October 2019 after the king’s Privy Council reportedly made a decision to move Tupouniua from the Ministry of Foreign Affairs to the Palace office.

The then Justice Minister, who is currently the Deputy Prime Minister Sione Vuna Fā’otusia said at the time the decision was unconstitutional as Privy council didn’t have any right to interfere with the government’s duties for the Ministry of Foreign Affairs.

Democratic (PTOA) MPs

Hon. Siaosi’s brother-in-law MP Mateni Tapueluelu spoke in support of the Minister of Finance Tevita Lavemaau in his argument that the amendment was appropriate because the Minister of Foreign Affairs would still report to Parliament.

MP Tapueluelu agreed with the Minister that the mechanism of accountability (to the people) would still function if the Secretary was elected and appointed by the king.

In Tongan he described the Finance Minister’s statement as best clear example (“fakatātā mahino taha.”)

But Hon. Siaosi said the new law “has taken us backward.”

He said his father, the late Prime Minister ’Akilisi Pōhiva and his supporters had strongly pushed for a political change that the executive power must be accountable to the people.

“That’s one of the mechanisms of good governance in a democracy,” Hon. Siaosi said.

“In the 2010 the king relinquished his executive power and gave it to us under our Constitution’s clause 41,” Hon Siaosi said.

He said the PTOA party’s manifesto was still based on those democratic principles of accountability, good governance and transparency.

He said the reforms went through a very difficult journey to make sure the executives were accountable to the “taxpayers.”

The new law is awaiting the king’s signature before it is gazetted.

Sea cucumber diver dies near ‘Oneata; another remains missing

By
Kalino Latu
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A sea cucumber diver, 37, has died while another man, 20, was still missing near the island of ‘Oneata on Monday.

Police said a rescue mission was underway to find the missing diver.

Police received report of the incident involving the two men from Pātangata at 11.30pm on Tuesday, a report on Tonga Police official Facebook page said.

Police have yet to release the detail of the incident.

It comes after the government announced last month it has lifted the ban on sea cucumber fishing, citing request from the fishing community to allow it to help alleviate the negative financial impacts of the Covid-19 crisis.

The government has approved the temporary lift until September.

Sea cucumber diving fatalities had been widely reported in the past during its fishing seasons.

In 2011 two divers in Ha’apai died due to decompression problem.

More deaths reported the following year including three divers from Ha’apai who apparently died after they suffered decompression sickness while diving for sea cucumbers.

It was believed these victims have been diving illegally using gas cylinders.

Using compressed air to harvest sea cucumbers is illegal under the Tonga Fisheries Act.

Change in rules will make it easier for RSE workers stuck in New Zealand to change jobs

By
Philip Cass
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Immigration Minister Iain Lees-Galloway said yesterday an announcement would be made soon around easing of conditions for temporary migrant workers and those in the RSE scheme.

This would make it easier for them to change employers and jobs.

That will be good news for up to 1500 Tongan RSE workers who remain in New Zealand as winter sets in.

As horticultural and other work for which they have visas disappears, finding jobs remains difficult. RSE workers in New Zealand face far more restrictions on changing jobs or moving districts than they would in Australia.

In Australia there have been calls for seasonal workers to be kept on to ensure the farming sector does not collapse.

In New Zealand, by contrast, some sectors of the rural industry feel the government is making it harder for migrant workers to extend their visas and keep working and that a policy of replacing migrants with locals would not work.

Newsroom reported that a move of RSE workers from Central Otago to Marlborough had taken three weeks to get approved.

Tonga has announced that it is keeping its borders closed until September and the first repatriation flight is coming from Fiji, not New Zealand , as originally announced.

A recent story in Newsroom quoted Tongan Advisory Council Chair Melino Maka as saying Tonga had closed the border to its own citizens.

As Kaniva News reported last night, Prime Minister Tu’i’onetoa has promised that repatriation fights from New Zealand will start soon, but he also said earlier that negotiations with New Zealand were still underway.

Tongan RSE workers would normally have gone home in May, but according to Maka, there could be up to 1500 Tongans on RSE visas in New Zealand.

As we reported last night, return flights are limiting themselves to about 50 passengers a flight, so as not to overwhelm Tonga’s limited medical infrastructure.

Maka said Tongan citizens would be returning to a country going through an economic crisis even more severe than New Zealand’s.

The main points

  • Immigration Minister Iain Lees-Galloway said yesterday an announcement would be made soon around easing of conditions for temporary migrant workers and those in the RSE scheme.
  • This would make it easier for them to change employers and jobs.

Some Tongans remain cautious about repatriation flights as 1000 register to fly home

By
Kaniva Staff
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While many Tongans welcome the start of repatriation flights, others are more cautious.

Comments on the Kaniva website following our story last week showed the move has divided Tongans. Some people welcomed news of the flights and said it would be safe if all incoming passengers were quarantined at the border and there were no cases in the community.

Tonga has remained free of the virus so far.

However, others said New Zealand had detected more cases after it was thought the virus had been fought off.

The first repatriation flight are expected to bring Tongans home from Fiji on Thursday, but It could take at least 20 flights to bring home just the 1000 Tongans who have so far registered online for the government’s repatriation flights.

It is expected the return flights will be carry restricted numbers of  passengers. It is expected the flights will carry around 50 passengers as the maximum to maintain social distancing.

Another 1000 seasonal workers stranded in Australia and New Zealand have been registered by the Ministry of Internal affairs.

In total, it is thought that about 7000 Tongan citizens are stranded overseas.

In early June Tonga’s Ministry of Tourism said it was planning to repatriate 50 stranded citizens from New Zealand and even conducted a drill for staff.

However, the repatriation flights were put on hold and the Tongan government said it was still in talks with the New Zealand government.

Prime Minister Pōhiva Tu’i’onetoa told Kaniva News last week the flight from Fiji was expected to bring some medical staff and their families as well as Tongan students in Fiji.

They will go through two weeks’ quarantine on arrival.

Hon. Tu’i’onetoa said the repatriation flights from New Zealand would start no later than the first week of August.

Other flights

Meanwhile, in  neighbouring Samoa, repatriation flights from New Zealand began in late May.

Repatriation flights between Samoa and American Samoa began last month. Passengers returning from the two Samoas do not have to be quarantined.

Despite the fact that Tonga’s borders remain closed to all but approved flights, one luxury jet company is offering anybody the chance to hire a private jet if they want to get home, either to Tonga or out of the kingdom.

It is unlikely the company will be expecting bookings from anybody who normally flies economy.

The  main points

  • While many Tongans welcome the start of the repatriation flights, others are more cautious.
  • Comments on the Kaniva website following our story last week showed the move has divided Tongans. Some people welcomed news of the flights and said it would be safe if all incoming passengers were quarantined at the border and there were no cases in the community.

Kaniva mediawatch July 3, 2020

By
Kaniva Staff
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Don Mann

Pacific Cooperation Foundation CEO Don Mann has taken up a new position as CEO of the Pacific Media Network.

Mann, whose father Don Sr was from Neiafu in Vava’u, took over as head of the Auckland-based body at the beginning of 2019.

Speaking to Kaniva News at the time, Mann said PCF’s mandate was to work with 18 countries in the Pacific creating opportunities for business, helping developing leaders and putting people from different sectors together.

He was formerly head of Corporate Partnerships at ATEED.

RSE workers

Tongan RSE workers in New Zealand will return to Tonga this month after the Tongan government announced it will reopen its borders to New Zealand.

The Samoan government has begun bringing its citizens home and ni-Vanutau workers have also begun returning.

Fiona Whiteridge, general manager at Refugee and Migrant Service at Immigration New Zealand, said it was helping seasonal workers to move to other employers or regions if their existing employment was ending.

If RSE workers were experiencing financial difficulty, they were to contact their high commission or consulate for assistance.

Australia

A researcher at the Australian National University’s Development Policy Centre has called on the Australian Government to set up a special migration pathway for Pacific workers.

An estimated 400 Tongans work in Australia on the Seasonal Workers Programme.

Richard Curtain told the ABC’s Pacific Beat that worker shortages were looming for Australia’s horticulture sector.

He said a special migration pathway would enable workers from the region to fill the predicted.

Curtain said farmers across northern Australia were worried there will not be enough experienced labour to pick their crops in the coming the summer months.

New Brisbane service

Brisbane’s Tongan Community has launched what it says is the world’s newest Tongan online media source – Pasifika TV and Radio.

“Pasifika TV and Radio will broadcast music, news, culture, language and stories of our Tongan people from a contemporary, yet unique Tongan perspective,” broadcaster Sulieni Layt said.

“We also want to showcase our local and overseas Tongan businesses and create a platform for our young and rising Tongan talent with an aim for excellence, whilst doing something a little bit different.

Pasifika TV and Radio currently broadcasts at set times through You Tube, Face Book and a mobile app will be released.

ADB grant 

The Asian Development Bank has given the Tongan government TP$27.67 million to help pay for the kingdom’s response to the Covid-pandemic.

It will also be used to support the country’s long-term economic recovery.

The money will be released once the government completes a number of policy actions.

The ADB fund will help support vulnerable households and guards against the immediate

Police arrest Tuitupou; record shows he also escaped from prison 20 years ago

By
Kalino Latu
-

The man who escaped court custody in Auckland on Monday morning, after allegedly posing as a prisoner being let out on bail, has been located and arrested by Police.

William Tu’itupou, 48, will face an additional charge of escaping custody and is due to appear in Auckland District Court tomorrow.

Tuitupou had previously been remanded in custody and was taken to court to appear in relation to numerous charges on Monday.

His arrest today comes after Police made a number of enquiries to locate him, including conducting door knocks and reviewing CCTV footage.

He was considered dangerous and the public had been advised not to approach him.

Earlier escape

An old Herald report described the bold escape: “King Cobra gang associate William Tuitupou escaped after taking a bench apart with a spanner and using the planks to scale a perimeter wall.”

He would not be found until two months later, the report said.

Now, 23 years later, police are hunting him yet again and warned the public that he is considered dangerous and should not be approached.

Inspector Grant Tetzlaff confirmed Tuitupou to be a patched member of the King Cobras.

“He has links across Auckland and into other parts of New Zealand.

“We are making a number of inquiries to locate him and these are ongoing.”

As a result of Monday’s escape, Police and the courts are now working to review the circumstances of the incident and identify exactly how this was able to have happened.

Tonga reopens border next week to repatriate stranded nationals from Fiji and NZ, says PM Tu’i’onetoa

By
Kalino Latu
-

The government will bring the first batch of stranded Tongans from Fiji starting next week, the Prime Minister Pōhiva Tu’i’onetoa has confirmed to Kaniva News this afternoon.

He said the flight is expected to return medical doctors with their families as well as Tongan students in Fiji.

They will go through two weeks’ quarantine in Tonga until it’s safe for them to be allowed to help doctors in the kingdom.

He said more repatriation flights will follow through to allow the return of thousands of stranded Tongans and seasonal workers from New Zealand.

Hon Tu’i’onetoa said the repatriation flights from New Zealand will start no later than the first week of August.

He said there was growing concern about Tongan fruit pickers in New Zealand during the Covid-19 crisis.

He said Tonga will continue to close its borders to international passenger flights.

“First there is difference between closed border and repatriation flights and that should be made clear,” the Prime Minister told Kaniva News. 

“Tonga’s borders will still be closed to any international passenger flights from other countries except for the repatriation flights for Tongans who wanted to return home.”

He said Tonga is still Covid-19 free because of the closure of its borders.

“But this is the beginning of returning of Tongans stranded overseas,” he said.

“Some countries like New Zealand have complained about behaviours of some Tongan Seasonal Workers.

“So we have no choice but to bring them back home,” the Prime Minister said.

Tonga suspended all international travel in March before it went into lockdown to curb Covid-19 infections.

Nearly 7,000 Tongans are expected to return to the kingdom during the repatriation operation.

As we reported earlier this morning, the Prime Minister reportedly said “the government is looking at an emergency plan after talks with New Zealand High Commissioner to Tonga yesterday (Wednesday).”

“Every passenger will be screened three days before leaving New Zealand and go through two weeks’ quarantine in Tonga until it’s safe for them to go home,” he told PMN.

This afternoon’s news comes after he told Parliament last week that the plan to open the border for incoming passengers between New Zealand and Tonga this week was deferred.

He also told the House the government has received two equipment required for screening of Covid-19 patients and that’s meant Tonga was in a better position in its fight to combat spread of Covid-19 pandemic.

Tonga “emergency” border reopening decision expected today puts fruit pickers first, reports say

By
Kalino Latu
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The Tu’i’onetoa government was expected to make a decision shortly whether or not to open its Fua’amotu international airport to incoming passenger flights.

This has been reported in a number of media platforms this week including the Pacific Media Network which runs the Tongan Radio Programme on Radio 531PI.

PMN said Prime Minister Pohiva Tu’i’onetoa told its news services “the government is looking at an emergency plan after talks with New Zealand High Commissioner to Tonga yesterday (Wednesday).”

The PMN said: “Every passenger will be screened three days before leaving New Zealand and go through two weeks’ quarantine in Tonga until it’s safe for them to go home.

He told Parliament last week that the plan to open the border for incoming passengers between New Zealand and Tonga this week was deferred.

He also said the government has received two equipment required for screening of Covid-19 patients and that’s meant Tonga was in a better position in its attempt to make sure Covid-19 could not enter the country.

He told PMN although a lot of Tongans want to return home, doctors and fruit pickers will get priority.

“He believes most doctors are desperately needed because Tonga has a shortage of medical professionals and most fruit pickers are already in isolation here in New Zealand and are considered safe.

“The Prime Minister also urged Tongans who are stranded abroad and wanting to come home, that they should be more understanding because the Kingdom is not fully prepared to deal with the pandemic.

“All flights into Tonga were halted in March stranding at least seven thousand Tongans abroad in New Zealand, Vanuatu, Solomon Islands and a number of other countries.”

The Prime Minister has been contacted for comment.

Two men remanded for sentencing after court finds them guilty on sexual assault charges

By
Kaniva Staff
-

Two men have been convicted of a range of sexual assault charges in the Supreme Court.

They appeared before Justice Cato on June 22-26.

The first man was charged over three counts dating to 2017 and two counts relating to events in February 2019.

The first man was found guilty on two charges of indecent assault of a child, rape of an adult and domestic violence.

The judge said he had no reason to doubt the testimony of the complainant on the indecent assault charges.

He said the rape and domestic abuse charges had been established beyond reasonable doubt.

He was acquitted of another charge of indecent assault of a child.

The second man was found guilty on one count of indecent assault of a child dating to 2016.

Judge Cato said he was satisfied beyond reasonable doubt that the allegations were proven.

A third man was charged with rape, but was found not guilty and discharged.

Both men remanded for sentencing

 

Immigration Tribunal cites preservation of family in allowing man to stay in New Zealand

By
Philip Cass
-

The New Zealand Immigration and Protection tribunal has ordered that a Tongan man be allowed to remain in the country.

The Tribunal said there were  exceptional circumstances of a humanitarian nature that would make it unduly harsh for him to be deported from New Zealand and that this would not contrary to the public interest.

The 36 years-old man became a New Zealand resident in March 2013.

The man and his family were granted residency in 2013

His liability stems from his conviction on November 27, 2018, for indecent assault on a man.

He served a period of home detention and has been unemployed ever since.

A  number of family members have disowned him because of the shame they felt he had brought on them.

The appellant was deemed liable for deportation because he committed the offence within five years of receiving his residency visa.

The appellant said his family would suffer if he was deported.  If the family all went to Tonga he would spend all his savings on the move and there would be nothing left to start a new life.

The Tribunal was told the wife was in poor health, spoke limited English and did not drive. She relied heavily on her husband for help with the children.

A statement in support of the appeal said the couple’s children, who were New Zealand citizens, would suffer if they had to return to Tonga because they were unlikely to be able to attend an English speaking school and would therefore be disadvantaged when they returned to New Zealand later in life.

The Tribunal ruled that there was a public interest in the preservation of family unity and in the observance of New Zealand’s international obligations in that regard.

There would be a profoundly adverse effect on the appellant’s wife and five young children if they remain in New Zealand after his deportation.

The man’s liability for deportation was therefore suspended for three years on condition that he not be convicted of any jailable offence during this time.

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