Police have charged two people with murder after a man was found dead in the middle of an East Auckland road at the weekend.
The man’s body was found on Point England Road at about 11.15pm on Saturday. Photo: RNZ / Richard Tindiller
The man was found at 11.15pm on Saturday on Point England Road.
Acting Detective Senior Sergeant Mark Greaves said the man suffered multiple injuries, and was believed to have been run over by his own vehicle, before it was stolen.
He said the vehicle was recovered on Sunday morning, and was undergoing forensic examination.
A 21-year-old man and a 22-year-old woman both from Auckland were arrested on Monday, Greaves said in a statement.
Greaves said police would oppose their bail when they appeared in Auckland District Court on Tuesday.
“These arrests are a positive development, but there’s a long way to go in this investigation, and a significant amount of work remains to be completed,” he said in a statement.
A photo allegedly showing a swimmer riding the tail of a baby whale has sparked outrage in Tonga.
If this is proven to be true, the swimmer’s action may have violated Tonga’s Whale Watching and Swimming law Section 9, which states, “No person shall disturb or harass any whale.” It also says, “No person shall touch or feed any whale.”
It comes after growing concerns in the Pacific with authorities warning this week about abusive swimming activities toward whales, especially mother-calf pairs.
The photo, widely shared on social media, shows a person apparently sitting on the tail while another was swimming nearby on the left side.
The caption, accompanied by the image, said a group of swimmers also touched the whale.
Kaniva News could not independently verify the photo’s authenticity and whether it was indeed taken in Tonga.
Swimming with whales
Tonga offers regulated opportunities for swimming with whales in small groups.
However, the rules said the whales’ behaviour must be considered to decide whether swimming with them should be discontinued.
The practice “is entirely at the captain’s discretion”.
Four swimmers can swim with whales at one time, one report says.
According to Tonga’s Whale Watching and Swimming Law, swimmers are not allowed to come into contact with any whale at any sign of the animal becoming disturbed or alarmed.
“No person shall cause any whale to become separated from a group of whales or cause any members of such a group to be scattered”, it said.
Social media reactions
The photo triggered outrage and frustration among people passionate about whale conservation and raised serious concerns among local community members.
“I am very angry today! This female underwater photographer from China sits on a baby whale in Tonga to take photo”, the caption accompanying the photo claimed.
However, it did not provide evidence to indicate that it was indeed a Chinese swimmer who was allegedly sitting on the whale.
“I feel so disgusted to see these photos and videos lately”.
A commenter responded: “This is what we are fighting for here in Tonga, especially here in Vava’u…. Maybe it’s better to leave the whales alone”.
“Disrespect”, some commenters wrote.
Another commenter said that the individual responsible for taking the swimmers should be held accountable for their actions and face appropriate consequences.
“Their licenses should be taken off them with no second chances”.
“I think there are rules that prohibit this. The operator should be penalized”, one commenter wrote.
Some commentators, however, expressed concerns that labelling the swimmer in question as Chinese might fuel racism issues.
“I think it’s not Good for you to point out here that the problems get resolved between the operators instead of putting them on social media; it affects the reputation of the whale-watching industry of Tonga,” the commenter wrote.
“Not only that, you have pointed out the Chinese tourist, which pretty much single them out by race, it’s sad you’re only nice to the white skin people and throws these people under the bus same rules should apply to everyone, not one set of rules for the Asians especially the Chinese and one set of rules for the white people.
One commenter was suspicious about the photo and asked whether it was photoshopped.
Stricter regulations
The news comes after the Mauritius island authority called for “enforcing stricter regulations due to an influx of influencers from China and Taiwan seeking viral social media photos of themselves swimming with whales.”
The authority said the situation “has led to chaos in cetacean habitats, disrupting breeding whales.
Mauritius has now implemented a ban on swimming with whales, imposing hefty fines and jail time for offenders.
Last month, it was reported that French Polynesian environmental associations and some scientists have criticised the boom in whale-watching activities.
The country’s conservation group Mata Tohora, dedicated to protecting marine mammals, expresses concern over the excessive number of boats in the water.
“We need to limit the number of boats around the whales and dolphins. It’s a question of managing the activity, which needs to be done quickly, said Agnes Benet, a biologist and founder of the association.
“You can swim with the whales without disturbing them,” she added.
The association is campaigning for the introduction of a “no whale-watching” period, from 2:00 pm onwards, to allow them to rest.
The Supreme Court has ordered a multi-million pa’anga payout in a case involving the Tonga Development Bank and the Reserve Bank.
(L-R) NRBT Governor Tatafu Moeaki, Tēvita Motulalo and Katalina Tohi
The Tonga Development Bank, CEO ‘Emeline Tuita and Board Chair Penisimani Vea sought damages from the Reserve Bank, its governor and media workers Katalina Tohi, Tevita Motulalo and Kalino Latu of the New Zealand-based Kaniva News.
The damages claim related to the broadcast and publication of extracts from a letter written by the Reserve Bank Governor to the Minister of Finance on May 17, 2024 on the subject of Regulatory Actions being taken by the Reserve Bank against the Tonga Development Bank, its CEO Tuita and Chairman Vea.
The letter reported on what were said to be serious concerns about the Reserve Bank and included an order to remove the CEO and Chairman from their roles in the TDB.
The plaintiffs sought damages for loss of profit, general damages and exemplary damages.
Action against Kalino Latu was not proceeded with.
Lord Chief Justice Bishop ordered the plaintiffs to file a defence within 28 days of the claim being lodged on August 6.
Because the plaintiffs did not file a defence in time, lawyers for the TDB and the other plaintiffs asked the court to issue a judgement in default against all the defendants except Latu.
The four defendants named in the writ of claim, who were ordered to pay the damages are the National Reserve Bank of Tonga and its Governor Tatafu Moeaki (total $15 million), independent Tongan broadcaster Katalina Tohi of Radio 89.5fm (total $4 million), and Nuku’alofa-based journalist and news editor, Tevita Motulalo ($1.2 million).
The Lord Chief Justice awarded general damages to the Tonga Development Bank, ordering payment of TP$5 million against Moeaki and the Reserve Bank, TP$1 million against Tohi and TP$300,000 against Motulalo.
Judge Bishop awarded general damages to be paid to Penisimani Vea, ordering payments of TP$2 million against Moeaki and the Reserve Bank, TP$1 million against Tohi and TP$300,000 against Motulalo.
General Damages were awarded in favour of ‘Emeline Tuita, ordering payments of TP$3 million against Moeaki and the Reserve Bank, TP$1 million gainst Tohi and TP$300,000 against Motulalo.
The Lord Chief Justice awarded damages of TP$5 million against Moeaki and the Reserve Bank, TP$1 million against Tohi and TP$300,000 against Motulalo.
Development Bank order
Meanwhile, as Kaniva News reported recently, the Supreme Court has ordered that the CEO and executive of the Tongan Development Bank are to remain in place.
The court ordered that the Development Bank not engage in any economic development activities and joint development agreements without the prior approval of the National Reserve Bank of Tonga.
The ultimate controlling interests of both banks are vested in the government of Tonga.
The National Reserve Bank of Tonga has all the functions of a central bank which includes important regulatory powers. Although the controlling interest of the Reserve Bank is the government it is a separate and distinct body from the Development Bank.
The National bank had sought to overide the Development Bank by issuing directives that, among other things, removed its CEO, Emeline Tuita and board chairman Pennisimani Vea.
Lord Chief Justice Malcolm Bishop KC, presiding, said the Reserve Bank’s actions were designed to ensure that it closely controlled the Development Bank and had a veto on any of that bank‟s activities.
The Development Bank asked for an interlocutory mandatory injunction restraining the National Reserve Bank from enforcing its directives.
The Lord Chief Justice said: ““I am not persuaded that the supervisory role of the reserve bank excludes supervision of the economic activities of the Development Bank.
“I accordingly order that will be the basis that the CEO and chairman continue in place pending the resolution of this matter at trial.”
By Iliesa Tora of rnz.co.nz and is republished with permission
Tonga has agreed to host the 2031 Pacific Games, the announcement coming seven years after pulling out of hosting the 2019 Games.
Team Tonga at the opening ceremony for the 17th Pacific Games in Solomon Islands. 19 November 2023 Photo: RNZ Pacific / Junior Maealasia
It was announced the host in Koror, Palau on Friday, when the Pacific Games Council members voted.
Tonga secured the right to host the Games with a total of 12 votes, against Fiji’s nine.
It will be the first Pacific Games held in Tonga since the 1989 Pacific Mini Games.
Tonga’s successful bid comes seven years after the country pulled out of hosting the 2019 Games.
Former prime minister, the late Samiuela Akilisi Pohiva, pulled the plug on the event and cancelled the event, forcing the Pacific Games Council (PGC) to move the Games to Samoa in 2019.
Tonga was also suspended from the Council but the Tongan government two years ago reached an out of court settlement with the PGC, which allowed the Kingdom back into the fold and now getting another chance to host the Games.
TASANOC president Michael Bloomfield, left, and Tonga PM Hu’akavameiliku, sitting front right, and sitting behind him is Lord Vaea, at the Pacific Games Council meeting in Palau. Photo: Supplied / Melielau Manu
Tongan Prime Minister Hu’akavameiliku Siaosi Sovaleni led Tonga’s team at the meeting in Koror.
“We are grateful to the members for giving us the votes and backing for Tonga to host the 2023 Games,” he said.
“It is a great achievement. We know there is alot of work to be done but we are confident that with our people, our partners and all stakeholders Tonga can host the event successfully.”
Journalist Melielau Manu, who is in Palau covering the event, said it was cause for celebration for Team Tonga at the event.
“There was so much joy and celebration by the Tongan delegation when the votes were announced,” Manu, of Broadcom 87.5FM in Nuku’alofa, said.
“The team came here determined to get the hosting right and with the Prime Minister here and Lord Vaea plus the TASANOC president Michael Bloomfield, it went through and the support was tremendous.”
The delegation included Lord Vaea, the Minister responsible for Sports, and Tonga’s two-time Olympian Pita Taufatofua.
Fiji also had a strong delegation at the event but the votes did not go in their favour.
Two additional car accidents have been reported in Tonga this week following the fatal crash that took the life of police officer ‘Ifalemi Mala’efo’ou on Wednesday.
On Thursday morning, a car was spotted stranded on a foreshore.
Another car was seen overturning and landing on its roof.
Social media reports and photos seen by Kaniva News showed those two crashes happened in Tongatapu.
The locations where the accidents occurred have not been confirmed.
Meanwhile, Police reportedly said the off-duty police officer, ‘Ifalemi Mala’efo’ou, died in a car crash at about 12.40am on Wednesday on Vuna Road in Nuku’alofa.
As Kaniva News reported on Wednesday, tributes flooded in after the news of Mala’efo’ou’s passing was posted on social media.
It is understood that the deceased was driving a personal vehicle heading westerly on Vuna Road near the Tanoa Hotel when the accident happened.
Police reportedly said speed and alcohol were factors in the crash that killed the 31-year-old police officer from Sia’atoutai.
He sustained severe injuries and passed away a few hours later, following his admission to Vaiola Hospital.
Police in Fiji are investigating the discovery of bullets in a Fiji Airways aircraft that arrived from Tonga at Fiji airport on Thursday.
Fua’amotu International Airport
Fiji Timesreported that it is believed the bullets were inside the carry-on baggage of a passenger who left them on board when disembarking.
The paper did not provide further details about the flight number and whether the passenger had been located.
“Police have confirmed the discovery of bullets on a Fiji Airways aircraft that arrived from Tonga yesterday morning”, it said.
It mentioned that Fijian Police spokeswoman Ana Naisoro confirmed “the discovery and said investigations were ongoing.”
“Investigations are also looking into how security checks at the Tongatapu Fua’amotu International Airport failed to detect the bullets inside the passenger’s carry-on bag”.
According to international aviation regulations, any form of ammunition is strictly prohibited in passenger aircraft carry-on luggage.
This rule is in place to ensure the safety and security of all passengers and crew members.
Tongan authorities could not be reached for comment.
A Tongan government authority says it will inform its international counterpart following the departure of a prison officer from the kingdom who had been purportedly involved in drug-related activities.
Hu’atolitoli prison. Photo/HM Prisons
The revelation comes amid a major investigation into the Prison authorities’ alleged involvement in “accepting bribery and aiding and abetting trafficking illicit drugs into prisons”.
“This is a grave violation of the good order security of prison”, His Majesty’s Prisons at Hu‘atolitoli said on Thursday.
However, it provided no further details about the overseas country to which the officer had travelled.
The statement only identified the suspect as “Prison A”.
It also identified another suspect still in Tonga as “Recruit Officer B”.
It said both “Prison A” and “Recruit Officer B” were suspended on September 6.
The suspension of the two officers follows the suspension of another Recruit Prison Officer in August after an illicit drug and utensil had been found in a vehicle at the Hu’atolitoli Prison compound.
It is understood the Recruit Prison Officer has been charged and is currently facing court hearings.
“We understand that Prison Officer A is currently overseas, and we intend to report our findings to the relevant Immigration Office in our effort to provide for the public safety Of Tonga’s Country partners”, the statement read.
“We also handed over our internal investigation last month regarding Recruit Prison Officer B to Tonga Police for further criminal investigation.
“We are still investigating other prison officers who are suspected of illicit drug offences”.
A teenager has been arrested after police disrupted a “sophisticated smishing scam” using technology never seen in New Zealand before.
An example of the scam text. Photo: Supplied / Police
In a statement, police said the Department of Internal Affairs was made aware of the scam in July.
Multiple agencies, including Australia’s cybercrime team, soon launched Operation Orca.
Police described smishing – a form of phishing – as when a device known as an SMS Blaster is used as a fake cell tower and tricks nearby cellphones to connect to its fraudulent network.
The SMS Blaster can then send texts, claiming to be from banks to try get people to share their personal information like passwords and credit card details.
Police executed a search warrant at an address in central Auckland on 23 August where they arrested a 19-year-old man and seized a smishing device.
The SMS Blaster was found by police in a vehicle. Photo: Supplied / Police
Detective Superintendent Greg Williams said this was the first case ever of such a device being used in New Zealand.
“By working together, we have been able to counter this technology, locate the alleged offender and prevent what could have been large-scale financial losses for many New Zealanders.
“The device in question is believed to have sent thousands of scam text messages, including around 700 in one night.
“The text claimed the recipient’s bank account was being checked for fraudulent funds and urged them to click a verification link.”
Williams said about 120 people are known to have been affected by this scam but no one has lost any money.
“Cyber-enabled scams are becoming increasingly prevalent, with unscrupulous fraudsters stopping at nothing in their attempts to swindle innocent people out of their hard-earned money,” he said.
“NZ Police recognise the life-changing impact of financial crime and will continue to work closely with partner agencies and private industries to keep New Zealanders safe.”
Banks said they are continuing to monitor customer transactions in real-time to minimise risk.
The teenager has been charged with interfering with a computer system and will next appear in Auckland District Court on 10 December.
Parking penalties have jumped 70% throughout Aotearoa – but is it fair and can you pass the buck?
Recent staff moves have left Invercargill City Council shorthanded on the parking warden front. (Source: Local Democracy Reporting)
Parking fines are up for the first time in 20 years and misbehaving parkers will now be facing stricter penalties across the board.
What used to be a $40 fine for not paying for parking in Wellington is now $70.
If you miscalculate how long you need the spot, those penalties are also increasing – going up to almost $100 if you really overstay your welcome.
We have all been guilty playing roulette when it comes to parking, but is the price of not paying worth the potential pay off?
Consumer NZ’s Vanessa Pratley has written about the ins and outs of parking fines, and said it was really hard to say whether the 70% increase was fair.
“Councils are free to set parking fines as they like, in the same way that they set rates.
“In the same vein, whether a 70% increase on fines is fair isn’t really a question we can answer without looking into the particular circumstances.”
Even if you get stung and think it’s unfair, it is unlikely you’ll be able to get out of it.
“You’re only likely to avoid a council parking fine if it was given erroneously,” Pratley said.
For example: “if the time was read incorrectly or the parking machines on the street weren’t properly functioning.
“If you’ve overstayed or haven’t paid when you should have, you won’t be able to get out of paying.”
She said there was always the option to appeal the fines, but how you do so, and on what grounds would change from council to council.
That being said, different rules apply to private operators like Wilson Parking.
Private parking breaches sit around the $65-$85 mark, often with additional charges if you don’t pay in time.
When you drive into these locations and park up, you automatically accept the terms and conditions of that parking lot (there should be at least one sign spelling those out).
Pratley said if you don’t pay, or you overstay, you’re in breach of the contract and liable to pay a fee, generally set out in advance.
But is a fee of $65 for a teeny bit of overstaying fair?
Pratley said no.
“The parking fee should be reasonably reflective of the actual loss suffered by the operator. Anything out of proportion to what’s reasonable is likely to be an unenforceable penalty.
“While fines can be set to deter people from breaching the contract, it’s still got to be reasonable.”
So for example, $65 for overstaying 10 minutes in a free supermarket car park – might not be considered reasonable.
‘Fair penalty’ assessment change
But in 2020 the law changed, which might alter your chances of getting off the hook.
“The law shifted from assessing whether a penalty was fair in light of the actual financial loss of the innocent party, in parking cases – the operator, to assessing whether the penalty is out of all proportion to the legitimate interests of the operator,” Pratley said.
“This changed the threshold against which fines imposed by operators are considered unreasonable or not, and therefore how the Disputes Tribunal decides cases like this.”
I.e. it has moved from how much did the supermarket lose while you were overstaying in their car park to a place that gives companies more power to enforce these rules when it comes to financial losses.
However, each adjudicator is different, and the Disputes Tribunal also does not have to follow its own precedent cases.
In short, the Tribunal is less forgiving than it used to be.
Despite all this, Pratley said it was still worth fighting a fine if it was unreasonable or erroneously given – especially if it was over $100.
But is it worth the fight?
In a recent case someone used a private car park with signage stating: “No Parking Private Property, this prompted a $95 fine.
The man disputed the fine and paid $2 of the fee instead. The Tribunal did not agree, and he was forced to pay up.
In another case, OX v QT Ltd, the Tribunal found that $95.00 was “more than sufficient” for 5 to 10 minutes parking.
If you decide to dispute the fee there is a cost of $59 to have the case heard at the tribunal if the claim is less than $2000.
Pratley said even if you win, you don’t get that fee back.
“It’s worth weighing up whether the fine is high enough to displace that filing fee.”
Tonga’s Ministry of Communication (MEIDECC) has labelled social media posts which appeared to have come from Lightspeed Pacific claiming it was “authorised” to resell Starlink products in the kingdom as “misleading” and “falsely” promoted.
It comes after the government granted Starlink Pacific Islands LLC a provisional temporary permit to operate in the Kingdom for six months starting in July.
The Ministry’s Acting Director and Chief Engineer Stan ‘Ahio said only two companies are allowed to sell Starlink equipment in Tonga.
“We would like to clarify that the only authorized resellers for Starlink services in Tonga are” TokoWireless Ltd (Wantok) and Digicel Tonga Ltd.
“We urge the public to exercise caution when considering any purchases from Lightspeed Pacific”.
He said customers who purchased Starlink kits and equipment from Lightspeed Pacific could face activating service issues and potential confiscation at Tonga’s border without the possibility of returning them to the owner.
Mr Ahio told Kaniva News that Lightspeed Pacific advertisement’s claim that “Boost your internet with a Starlink Authorised Reseller in Fiji, Tonga and Solomon Islands” is allegedly misleading.
In Mr ‘Ahio’s view, the advertisement can be seen as Lightspeed Pacific being “an authorised reseller for Tonga,” which it is not.
The company’s website claimed it has “Managed Services Provider (MSP) with a decade of experience in the Pacific Islands”.
It also said: “Lightspeed Fiji provides exceptional expertise in the deployment of satellite internet, managed services, and video streaming solutions in the Pacific region. With over 1000 satisfied managed services clients in Papua New Guinea, New Zealand, Solomon Islands, and Fiji, our primary focus is on ensuring uninterrupted online connectivity for our customers.”
The company’s website does not indicate that it is authorised to serve as a Starlink reseller for Tonga.
We are unable to independently verify if the advertisement on social media originates from lightspeed.com.fj.
Kaniva News has reached out to Lightspeed Pacific and lightspeed.com.fj but have not had a response.
Previous warning
Last month, the Ministry of Communication (MEIDECC) issued a warning about local companies and individuals selling Starlink satellites without the necessary licenses, labelling their activities as “illegal.”
The temporary permit provided to Starloink, which is expected to expire in December, includes several conditions to ensure compliance with government regulations.
One of the conditions of the permit is that Starlink is required to facilitate local payment methods for businesses in Tonga and to provide details of the terminals used in Tonga.
The company must also ensure it satisfies all tax obligations and is expected to facilitate local payment methods for businesses in Tonga.
“This temporary permit follows recent events where the government instructed Starlink to cease its services in Tonga due to illegal use of satellite terminals and disruptions caused by the undersea fibre cable outage to Vava’u and Ha’apai Islands since June 29th,” the MEIDECC’s chief executive Sione Pulotu ‘Akau’ola said in a statement at the time.
“The issuance of this permit aims to address public concerns while ensuring that operations are conducted in accordance with regulatory requirements, resorting to the connectivity outages in the outer islands, while the application for a full license is finalising.”