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Tribunal orders Immigration Dept to re-assess Tongan man’s religious worker application

By
Philip Cass
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The New Zealand Immigration Tribunal has ordered the Immigration Department to re-assess an application for residence by a Tongan man who had previously held a religious workers visa.

The appellant first arrived in New Zealand in 1995 as a visitor and continued to visit on many occasions in the following years. From June 2014 to June 2018, the appellant held a series Religious Worker visas and worked as a minister and church administrator.

The Tongan man had held several religious worker visas but his application, which included his 48-year-old wife, and his two children, aged 17 and 19, who are also Tongan citizens.

Immigration New Zealand declined the application because the church was judged not to be compliant with New Zealand employment law. As a result, the church was not in a position to meet its sponsorship obligations.

The Tribunal found Immigration New Zealand was incorrect to conclude that the appellant was an employee and consequently that the church was not compliant with New Zealand employment law.

It referred the man’s application back to Immigration New Zealand for a correct assessment in terms of the applicable residence instructions and the Tribunal’s directions.

The Tribunal ordered that the application be reassessed by an Immigration New Zealand officer not previously associated with the application.

Immigration New Zealand has been ordered to invite the appellant to apply for a further work visa (Religious Worker) should he choose to do so.

It is to inform the appellant that there is no guarantee that such a visa will be granted.

“If the appellant makes such an application, Immigration New Zealand shall determine the work visa (Religious Worker) application before proceeding to determine his Residence from Work application,” the Tribunal ruled.

“In determining whether to grant the appellant a visa, Immigration New Zealand shall take into account fairness requirements, namely, that due to the passage of time and through no fault of the appellant’s he became ineligible for another work visa.

“If the appellant is granted a further work visa (Religious Worker), Immigration New Zealand shall then proceed to determine the appellant’s Residence from Work application.

“Immigration New Zealand shall determine whether the church is an acceptable sponsor.

“The appellant is reminded that the onus is on him to provide Immigration New Zealand with such information and evidence as he wishes it to consider in support of his application.

“The appellant is to understand that the success of this appeal does not guarantee that his application will be successful, only that it will be subject to reassessment by Immigration New Zealand.”

The main points

  • The New Zealand Immigration Tribunal has ordered the Immigration Department to re-assess an application for residence by a Tongan man who had previously held a religious workers visa.
  • The appellant first arrived in New Zealand in 1995 as a visitor and continued to visit on many occasions in the following years.
  • His application, which included his 48-year-old wife, and his two children, aged 17 and 19, who are also Tongan citizens.

Woman acquitted in embezzlement case; judge says he understands why she did it

By
Philip Cass
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The Supreme Court has discharged a woman who embezzled $22,500 from her employer.

Judge L.M.Niu ordered that the accused, Loleini ‘Ala, be discharged without conviction on the condition she not offends within the next two years.

He ordered that she repays TP$12,029.50 to her employer.

‘Ala is a single mother supporting her widowed mother and two brothers.

After leaving school she had a variety of jobs and was working in a fish and chip shop where she was paid $150 a week.

In his summary of the case Judge Niu said:

“She says that her employer  was so pleased  with her  work that he promised  to raise her wages. She then worked even harder. She not  only  did  her normal work, she also did the office paper work and delivery  of documents  and banking, cleaning and also fish weighing and packing and working  into after hours.

“The promised raise, she says, never came. And in November 2017, she was entrusted with not only the banking,  she  was also entrusted  with the paying  of the wages of the other workers, whilst the employer went overseas.”

She then discovered that other workers, who had only started working after her, were getting the same money.

“I would imagine she felt cheated by the employer because what she then did was so out of character, and most irresponsible, and in fact consistent with revenge upon the employer,” Judge Niu said.

“She faked robbery by which she embezzled TP$22,500 of the employer’s money.”

She deposited TP$14,375 into a bank account and spent the rest on partying with friends as well as shopping for the home and for her child.  She withdrew a further  $2,894.50 from the bank account.

Police investigated the robbery.

On November 12, 2017, ‘Ala and her employer agreed that she would pay back the $12,029.50 left in the bank and would repay the $11,019 she had spent.

They told the police, who still insisted on prosecuting her.

‘Ala pleaded guilty before Lord Chief Justice Paulsen on July 13 this year.

A letter from her employer was produced in court which said that while ‘Ala had done wrong, they had forgiven her because of her daughter.

“While I do not for one moment condone or overlook what the accused has done,   that  she   has  knowingly   and   embezzled   her  employer’s   money,  I understand why she did it and I believe that  she would not have done what  she did, if she had been fairly dealt with  by  her  employer.

“I am not  saying that her employer unfairly dealt with her because I have not heard the employer’s side; in fact the employer says in his letter that the accused did wrong to the company.

“But the accused believed, she had been unfairly and wrongly dealt with by the company, and she did  what  she did  because  of that. “

The judge said ‘Ala was “most foolish” to have done what she did. However, he said that if all young people were imprisoned for being  foolish  “they  would all grow up with a prison sentence  hanging  over  them.”

In reaching his decision on sentencing, Judge Niu relied on Section 204 of the Criminal Offences Act, which states:

“Where a court is of the opinion, having regard to the circumstances. including the nature of the offence and character of the offender, that it is inexpedient to inflict punishment  and that a probation order is not   appropriate, it may make an order discharging him absolutely or alternatively discharging him subject to the condition that  he commits  no offence during such period, not exceeding  three years from the date of the order as may be specified therein.”

A discharge under Section 204 counts as an acquittal.

Judge Niu said a prison sentence was inexpedient because it would deprives the accused’s one year of child of her love and care. A fine would not be appropriate since she could not pay it and she could not be sentenced to community work because she would need to be convicted. A suspended sentence would also be inexpedient.

He therefore discharged ‘Ala, therefore acquitting her of the charge of embezzlement.

The main points

  • The Supreme Court has discharged a woman who embezzled $22,500 from her employer.
  • Judge L.M.Niu ordered that the accused, Loleini ‘Ala, be discharged without conviction on the condition she not offend within the next two years.

The judge said he understood why she had acted as she did.

Lions tour Tonga, New Zealand, Samoa, Fiji and Papua New Guinea

By
Kaniva Staff
-

The Lions will tour to the southern hemisphere next year to play matches against New Zealand, Tonga, Samoa, Fiji and Papua New Guinea, but not Australia.

A Great Britain tour to the southern hemisphere in 2019 has been given the go-ahead by the Rugby League International Federation.

The tour, which the RLIF board says is subject to consultation with the major playing leagues and the players’ representatives, is part of an eight-year rolling contract approved in principle at the end of a four-day summit in York.

The Lions will not meet Australia, who will tour England in 2020, but will play matches against New Zealand, Tonga, Samoa, Fiji and Papua New Guinea.

“These are exciting times for the sport in general and particularly the chance we have to both take a Great Britain team to the southern hemisphere next year and then welcome the Kangaroos in 2020,” Ralph Rimmer, chief executive of the Rugby Football League, said.

“There is still some discussion to complete on 2019 but everything looks to be moving in a positive direction.”

The RLIF unveiled plans for a two-division Oceania Cup in 2019, with Australia, New Zealand and Tonga playing in one group and Samoa, Fiji and Papua New Guinea the other.

The board also confirmed that Australia will host the inaugural Nines World Cup in 2019 and approved financial support for the Americas Championship and a new competition for nations in the Middle East and Africa.

Source: AAP

Tongatapu alleged drunken taxi driver acquitted of rape

By
Kalino Latu
-

A taxi driver in Tongatapu has been cleared of sexually assaulting a female passenger while locking her in his car.

A Supreme Court judge found Manase Fuavao not guilty of sexually assaulting the 27-year-old woman who was only known as Leavai on 19 October 2017 at Tokomololo.

The court heard the woman had rung Hufanga Taxi after her night shift at the Retirement Fund building at Mateialona Road in Nuku’alofa and asked to be taken to her home at Houma.

But prosecutors claimed the driver had first taken her to a bush allotment in Tokomololo instead.

While they were driving, the court heard Fuavao told the woman “he felt sexy and wanted to have sex with her.”

The woman claimed she rejected his requests.

The woman told the court she could smell alcohol on Fuavao’s breath. She said she asked him if he was drunk and he said yes and that he had been drinking since daylight up to when she rang for the taxi.

The woman claimed that she was crying while Fuavao was allegedly raping her for about half an hour.

After the ordeal she said that they then left and took her to her home.

When she got off the taxi, she gave him $10.00 but he gave it back to her and said it was alright.

After he left she contacted the Nukunuku police and made the complaint.

Fuavao had a different story and had maintained throughout the trial that he had consensual intercourse with the complainant.

He said that he did not force the woman and he believed that she consented to having sexual intercourse with him. He said he was surprised after he found out that she had lodged the complaint.

In his ruling Judge Laki Niu said: “Having come to the views I have taken in respect of those matters of the evidence (the facts), I cannot help but find that I cannot rely upon the evidence of the complainant that she was raped by the accused, as the prosecution has alleged against the accused.

“No other evidence supports her evidence. I therefore have a reasonable doubt that she was raped by the accused, that is, that he had sexual intercourse with her without her consent or that he was reckless as to whether she consented to it or not.

“Accordingly, I find and I order that the accused is not guilty of the charge of rape of the complainant in this trial and he is forthwith discharged thereof.”

Supreme Court overturns ruling in dispute between gov’t and Pacific Games workers

By
Philip Cass
-

The Supreme Court has overturned a ruling against the government in a case involving the Pacific Games Organising Committee.

The Committee was established under the Pacific Games Organization Act to conduct the  2019 Pacific Games in Tonga.

On May 17, 2017,  the Government of Tonga decided to withdraw from hosting the Games.

On July 27 of that year the Committee decided to wind up its affairs and agreed to terms upon which its employees would be terminated. In each case the Committee accepted a contractual liability to pay them for the early termination of their contracts.

In September 2017, the plaintiffs’ Counsel wrote to the Minister of Finance giving notice that the Government was responsible for payment of the employment contracts.

On January 9 this year the plaintiffs began proceedings to recover their money from the Committee and from the Kingdom.

No statement of defence was filed by the Kingdom and on the plaintiffs’ application judgment in default of defence as to liability was entered against the Kingdom on August 2, 2018.

The Kingdom applied for the default judgment to be set aside on August 22 this year.

The Kingdom argued that there was good reason for its failure to file a defence, as the parties’ preference was to reach a negotiated settlement.

Following negotiations between the two parties, the government received an undertaking that if no settlement was reached the Kingdom would be given time to file  its defence. I

In his summing up of the case, Lord Chief Justice Paulsen said it was the Kingdom’s case that the plaintiffs attempted to ‘steal a march’ by applying for judgment by default.

Lord Chief Justice Paulsen said the plaintiffs argued that the Kingdom had been granted extensions of time to file its defence, which was considerably  overdue  and  the  ‘undertaking’  did not  grant the Kingdom ‘unlimited time’ to file a defence.

When the government failed to respond  to the settlement offer, the plaintiffs contend, they were entitled to apply for judgment by default without giving further notice.

“The Kingdom was overdue in filing its defence and it would have been prudent to have done so,” the judge said.

The judge said he accepted that when he applied for judgment on the plaintiffs’  behalf, their lawyer  was not breaching his undertaking, at least according to its terms, if not its spirit.

“It was known that the government intended to file a defence if there was no settlement,” the judge said.

Against the background of the extensions of time that had been given, the undertaking,  the  unfinished settlement negotiations and discussions that had occurred, it was understandable that the government considered there was no need for him to file the Kingdom’s  defence.

“The Kingdom’s applications are successful. The judgments in default  of  defence obtained by the plaintiffs are set aside.”

The main points

  • The Supreme Court has overturned a ruling against the government in a case involving the Pacific Games Organising Committee.
  • The Committee was established under the Pacific Games Organization Act to conduct the  2019  Pacific  Games  in Tonga.

Multiple stabbings, man shot in Melbourne CBD

By
Kaniva Staff
-

by Stephen Drill, Aneeka Simonis, Charis Chang, www.themorningbulletin.com.au

UPDATE: A MAN has been shot by police after setting a car on fire and allegedly stabbing a number of people in Melbourne’s Bourke St.

Police have confirmed they responded to reports of a car on fire near the corner of Swanston St about 4.20pm.

In a statement police said a man was arrested at the scene and has been taken to hospital in critical condition. He is under police guard.

The Age is reporting the man was shot by police.

“A small number of people are being treated for stab wounds,” the statement said.

The exact circumstances are yet to be determined at this stage.

Melbourne resident Meegan May told news.com.au she was on a tram on Bourke St heading into the city when it stopped just before Elizabeth St about a block before the mall. She heard someone start screaming “he’s got a knife”.

She looked through the back window of the tram and noticed a car on fire. There was a man and two police officers trying to calm him down.

“A moment later, I heard a loud bang, to me it sounded like a gunshot,” she said.

EARLIER: A SERIES of explosions have been heard near Bourke Street this afternoon as police lock down the city.

Businesses are currently shut near the incident, with police telling people to stay inside.

Neapoli Cafe in Russell Place has been closed, with staff remaining there and waiting for further instructions from police.

Sam, from the cafe, said: “There was just a lot of bangs. There’s only staff here, police told us to stay.”

Another person nearby said there was four loud explosions heard earlier this afternoon, which may have been linked to a ute nearby.

Some fled the area fearing there may be further explosions.

A bystander in Bourke St said that a car had burst into flames.

“There was a guy stabbed and there was a car explosion in Bourke Street,” he said.

“It was near JB Hi Fi, near the corner of Russell Place.”

Police cordon off Bourke St after a car explosion. Picture: Aneeka Simonis
Police cordon off Bourke St after a car explosion. Picture: Aneeka Simonis
Police at the scene in the Bourke St Mall. Picture: @gemmacaf/Twitter
Police at the scene in the Bourke St Mall. Picture: @gemmacaf/Twitter
Onlookers near the corner of Swanston and Bourke streets. Picture: Josh Fagan
Onlookers near the corner of Swanston and Bourke streets. Picture: Josh Fagan
Bourke St is blocked off .
Bourke St is blocked off .

The bystander said that other people had run and hid.

“They ran into a cafe and locked themselves in a kitchen,” he said.

A police statement said: “Police are aware of an incident in the vicinity of Bourke Street. Police are asking for members of the public to avoid the area. We will provide information as it comes to hand.”

Wellington murder charge laid in relation to death of Sosiua Helotu Ula

By
Kalino Latu
-

A 31-year-old Porirua man has been charged with murder following the death of Tongan man Sosiua Helotu Ula after an incident in Wellington.

He appeared by an audio visual link from Rimutaka Prison in the Porirua District Court on Friday.

He received continued interim name suppression and was remanded in custody to next appear in the Wellington High Court on 3 December 2018, Detective Senior Sergeant Christiaan Barnard said.

Two other defendants, aged 28 and 38 years, have been remanded on bail to appear in the Wellington High Court on 16 January 2018.

They were both also have continued interim name suppression.

Police have previously said that Ula, 19, was found with critical injuries after falling from a Mercedes on Porirua’s Warspite Ave on Sunday, October 7.

The trio had appearances scheduled in the Wellington District Court for charges of conspiracy to supply methamphetamine.

Additional charges of possession of methamphetamine for the purpose of supply have been laid against them.

“The detectives investigating the death of Mr Ula have worked tirelessly to bring the matter to this point,” Barnard said.

“We could not have done this without the assistance of the local residents of Ascot Park, Waitangirua, and Whitby.

“While this type of incident is rare, I would like to thank and reassure local residents that Police will continue to work with them to reduce the incidence of serious crime in the community.”

Armed forces and police take to streets together for tsunami drill in Nuku‘alofa

By
Kalino Latu
-

Tongan police and army have been working together in Nuku’alofa today on a tsunami drill.

Earlier reports suggested the army was helping police patrol the capital’s central business district.

However, a police spokesperson said late today the photograph of soldiers and police on the streets that has been widely circulated, showed members of the two services were  engaged in a tsunami drill.

Kaniva news is happy to clarify the situation.

The army does not have the authority to become involved in domestic duties unless a state of emergency has been declared.

The National Emergency Management Office and other Ministries conducted a tsunami drill today.

NEMO said members of His Majesty’s Armed Forces (HMAF), Ministry of Police and Tonga Fire Department patrolled the streets to ensure public safety.

An alert for a 9.0 Richter scale earthquake was broadcast on radio at 12:30pm.

While schools and businesses were not evacuated, people were urged to gather at their respective assembly areas once the exercise started.

People not taking part in the drill were invited to observe local Government primary schools.

If a natural disaster strikes and a state of emergency is declared, both forces will be authorised to carry out emergency duty.

After Cyclone Gita in February hundreds of military personnel helped clear roads.

The main points

  • Tongan police and army have been working together in Nuku’alofa today on a tsunami drill.
  • Earlier reports suggested the army was helping police patrol the capital’s central business district.
  • Kaniva news is happy to clarify the situation.

For more information 

NEMO leads National Tsunami Drill

Tongan man appears in court in Australia after Kaufusi’s death

By
Kalino Latu
-

A Tongan man reportedly appeared in a court in Western Australia after the death of another Tongan man.

Siosifa Kaufusi who is believed to be in his 20s died on November 1 in Carnarvon.

‘Ēpalahame Maama Tāufa has appeared in court this week and it is understood he is scheduled to reappear before a judge on November 19.

A member of a small Tongan community in Carnarvon, Joanna V Matangi said on a video a fundraising had been organised to help bring back Kaufusi’s body to his family in Tonga.

In one of the latest videos shared on Facebook this week by Matangi she said the fundraising has been successful.

She thanked Tongan and Australian sponsors for their helps.

It is understood the deceased was in Australia to join Tongan Seasonal Workers.

Matangi claimed Kaufusi’s contract with his Seasonal Worker employer was expired before he died.

Five players set for ‘Ikale Tahi debut

By
Kaniva Staff
-

This story by RNZ PACIFIC appears on PACNEWS. Kaniva News has a content sharing arrangement with PACNEWS 

RNZ PACIFIC – Ospreys prop Ma’afu Fia and Hawkes Bay lock Sam Ulufonua will make their international rugby debut this weekend after being named to start for Tonga against the French Barbarians.

Wellington prop Tolu Fahamokioa, Bay of Plenty flanker Zane Kapeli and Taranaki wing Latu Vaeno are also poised to make their first appearance for the ‘Ikale Tahi off the bench in Bordeaux, France.

34-test stalwart Siale Piutau will captain the Kingdom from second five, alongside 35 year old Grenoble centre Alaska Taufa, who earned the last of his 12 test caps four and a half years ago.

Another Grenoble regular Daniel Kilioni will line up on the left wing in his first appearence for the ‘Ikale Tahi in two year.

Meanwhile 42 test veteran Vunga Lilo, who along with Kapeli were not named in the original tour squad, will start at fullback, having last played for the Tonga at the 2015 Rugby World Cup.

Tonga are using the French Baabaas clash in Bordeaux, France to prepare for tests against Wales and Georgia.

Tonga team vs French Barbarians:

  1. Siegfried Fisi’ihoi, 2. Paula Ngauamo, 3. Ma’afu Fia*, 4. Sam Ulufonua*, 5. Leva Fifita, 6. Dan Faleafa, 7. Fotu Lokotui, 8. Sione Vailanu, 9. Sonatane Takulua, 10. Kurt Morath, 11. Daniel Kilioni, 12. Siale Piutau (c), 13. Alaska Taufa, 14. Viliami Lolohea, 15. Vunga Lilo.

Reserves: 16. Sefo Sakalia, 17. ‘Otutolu Fahamokioa*, 18. Ben Tameifuna, 19. Valentino Mapapalangi, 20. Zane Kapeli*, 21. Leon Fukofuka, 22. Latiume Fosita, 23. Latu Vaeno

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