24^th August 2017 Tonga Police is pleased to announce the graduation of 92 men and women from the Tonga Police, after completing a three-stage Leadership Training with a focus on „decision-making‟ in a Law Enforcement environment.

This Leadership training was introduced to Tonga Police as part of the Police Commissioner‟s priorities, with developing leadership at all level, being his key priority. He wants all officers of Tonga Police to be trained to develop their Leadership skills with a focus on Accountability, Authority and Responsibility (AAR).

Commissioner Caldwell reiterates to the graduates the importance of the training they have completed. “You have learned about ACCOUNTABILITY – You are accountable to the law, to the public, to the Tonga Police, to your staff and most importantly to yourself. You have learned about AUTHORITY – you have the authority under the law and with your rank to make decisions and implement changes – do it – Know the Law. You have learned about RESPONSIBILITY – With Rank comes responsibility. It is referred to as the burden of Command. Don‟t blame others. Don‟t push problems up, take responsibility that comes with your oath and deal with it and accept the consequences of your decisions.

“Use what you have learnt to reflect on what we stand for, and ask yourself this question, what does the Tonga Police look like now but more importantly, what is it going to look like in the future and what are YOU going to do to make it the best police Service WE can be, to provide the best Service WE can.”

Commissioner Caldwell expects a shift in Police staff‟s mindset and attitude towards how they exercise powers and authority according to law in solving problems and making decisions in their everyday duty and importantly that they are accountable to their actions.

The training was a three-stage development process with the first stage comprising of a pre-course questionnaire and a short multiple choice examination on the material that was delivered. Stage two comprises of a face to face training session. The drive to embed the behavioural change aspect of the program was emphasised in stage three.

The training was conducted by an Australian contractor Mr Steve Longford, National

Manager – Human Skills for New Intelligence. He has been contracted to deliver AAR to 200 officers of the Tonga Police with a view to train at least 6 permanent local officers as trainers to train the remaining police staff over the following two years.

ENDS

Issued by the: Tonga Police Media & Communication Officer, Tonga Police Headquarters, Longolongo; for media enquiries – Email: siaadams@gmail.com phone (676) 23 323 Fax: (676) 23 036

24th August, 2017 Over 30 participants attended the official opening of Tonga’s National CERT Awareness Workshop today at the Fa’onelua Convention Centre from the 24^th August until the 25^th August, 2017.

The two-day workshop was officially opened this morning by the Chief Executive Officer of MEIDECC, Mr. Paula Ma’u. In his keynote address, he stated that since the launch of the submarine fiber optic cable in 2013, there has been a significant increase in internet speed and a drop in the price of internet access.

“With the availability of smart phones, we have seen more people using the Internet. According to the last census 40% of the Tongan population have access to the Internet, that’s approximately 41,000 people who have internet access. Organizations, Businesses and the Government realise this trend and have started offering online service from Internet Banking, Paying Utility Bills even lodging of taxes is now carried out online”.

Mr. Ma’u added, “Sadly, as we have seen in the media in recent months that there are potential threats posed by various actors that could undermine these benefits. We have seen the recent global WannaCry and NotPetya ransomware attacks which brought organizations overseas to a halt costing them millions in losses. We also have seen that even Solar Panel and Solar Farms are vulnerable to cyber-attacks”.

The Director of Information, Mr. Andrew To’imoana stated in his welcoming speech that the purpose of this CERT awareness week is to provide guidance and meaningful information to all the stakeholders who are responsible for securing each of their digital environment from being intruded by the uninvited guests who have reached our shores.

Mr. To’imoana said, “The Government has been prepared to deal with the broad challenges of cyber security for a number of years. Since 2013 with the establishing of the Cyber Task Force with its components, there has been some significant milestones accomplished which marks our lead in the Pacific region such as the first Pacific state to establish a National CERT and acceding to the Budapest conventions, just to mention a few”.

He urged the need for participants to take the opportunity to network with fellow workshop participants in order to deepen the understanding of the critical role playing in safeguarding the whole digital environments.

Director of Tonga CERT, Mr. Siosaia Vaipuna conveyed his sincere thanks to the CEO of MEIDECC, for his encouraging words of highlighting the needs to combat cyber threats through collaboration and sharing of information especially reporting incidents and any signs of suspicious activity to certTonga.

He also acknowledged the on-going assistance of the Government of Australia for funding the two-day workshop through the Department of Foreign Affairs and Trade’s Cyber Cooperation Program.

Attending the opening ceremony were the Deputy High Commissioner for Australia, Ms. Rhona Mcphee, CEO of BSP, Mr. Daniel Henson, representatives from Line Ministries, Public Enterprises, Private Businesses and guests.

ENDS

Issued by the: Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change & Communications.

25th August, 2017 Tonga’s Director of Meteorology, Ofa Fa’anunu has signed a Technical Cooperation Agreement with the Regional Integrated Multi-hazard Early Warning System (RIMES) for Africa, Asia and the Pacific Director Mr. A. R. Subbiah during the 9^th Council Meeting of RIMES in Port Moresby, Papua New Guinea from 23-24 August 2017.

Speaking from Port Moresby Mr. Fa’anunu stated “Signing this Agreement with RIMES here is an important milestone and a step forward in putting in place mechanisms that will assist in the development of our National Met Service. Signing this Agreement means Tonga will have access to Multi-hazard Early Warning expertise available at the RIMES Centre at the Asian Institute of Technology in Bangkok, Thailand. One of the challenges we have in Tonga in Early Warning System development is building the capacity and competency of operational staff to be able to provide accurate and reliable early warning products and services. One of our priorities in Tonga is to build our capacity in weather and climate monitoring and service delivery with respect to maritime operations as well as tsunami response. Currently one of our Meteorologists, Mr. Gary Vite is attached to RIMES on a 3 month working attachment on a cost sharing arrangement. We envisage that other operational staff will rotate into the center to gain much needed operational experience on an on-going basis.”

Fa’anunu also added, “This partnership with RIMES will also assist the Met Office in implementing the Pacific Resilience Project (PREP) currently underway until the year 2020 in Tonga. It is the vision of Government through MEIDECC to build Tonga’s Resilience to extreme weather and geophysical hazards and the Met Service is among the agencies at the forefront of building this resilience. This means that we have to be competent and ready to deliver the services in an accurate and timely manner. We are grateful to the great leadership and support of our Deputy Prime Minister and Minister for MEIDECC and the CEO in ensuring that Tonga’s early warning system is strengthened. What we have achieved here today is a tribute to their commitment and support.”

During the RIMES meeting the Members of the Council also commissioned the new RIMES Sub-Regional Office in Papua New Guinea which was fully funded by the PNG Government and expected to serve the Pacific countries in the years to come.

The RIMES Council meeting is attended by 42 countries from Africa, Asia and the Pacific and concludes today (25 August 2017) with the 3^rd RIMES Ministerial Conference.

ENDS

Issued by the: Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change & Communications.

28th August,2017 The District Soroban Competition for Primary Schools in Tongatapu concluded on Thursday, 24 August 2017, with the Western District Soroban Competition held at the Alai Pulotu Hall, Te’ekiu village.

49 Primary Schools again participated in the districts competitions this year, and brought about 830 soroban students from classes 3, 4 and 5 to compete each other in the three judging events; the Written examination, Oral examination and Flash examination.

St. Falakiko ‘Asisi Primary School won the Central District Soroban Competition held on Tuesday, 15 August at the Queen Salote Memorial Hall, Hoi Government Primary School won the Eastern District Competition held on Thursday, 17 August at the Vakaua Hall, in Vaini and Tokomololo Government Primary School won the Western District Competition. The top 30% students from each district competition will represent Tongatapu Primary School in the National Soroban Competition scheduled next year in March.

Soroban education has been proven by Tonga’s Ministry of Education and Training to have strengthened the mathematical skills of primary students, since its introduction to the Kingdom in the 1970’s. The Embassy of Japan in Nuku’alofa in close collaboration with the Ministry of Education and Training have co-hosted the soroban competitions since 2010, simultaneously awarded winners of the Class 5 Written Category from the National Competition an opportunity to visit Japan and participate in a soroban summer camp funded by the Japan International Soroban Diffusion Foundation.

The 2017 Soroban Competition began with the competitions in the outer islands of Ha’apai and Vava’u, and following the district competitions in Tongatapu will be the soroban competition for ‘Eua islands in September. The soroban competition is greatly supported each year by the Tonga Soroban Education Association, JICA Tonga Office, and Japan International Soroban Diffusion Foundation.

Attached: District Results & Photos

Results

Central District Soroban Competition, 15 August 2017

Eastern District Soroban Competition, 17 August 2017

Western District Soroban Competition, 24 August 2017

Photos;

ENDS

For further enquires please contact: Ms. Yoko Tochihara, Administration Officer Embassy of Japan in Tonga. Level 5, National Reserve Bank of Tonga Building / Telephone: 22-221 / Fax 27-025

28th August, 2017 The Government of Tonga, in partnership with the Pacific Community’s Centre for Renewable Energy and Energy Efficiency and the Australia and New Zealand Solar and Energy Storage Councils, are spearheading an effort to substantially increase the use of renewable energy in the Pacific Island Countries and Territories (PICTs).

In their desires to lift their countries out of poverty and unlock opportunities for sustainable socio-economic development, PICTs have committed themselves to national, regional and global goals on sustainable energy. Goals that reflects their economic and environmental vulnerabilities and the urgency of the needs to address their energy security challenges.

Solar is a resource that offers excellent opportunities for all the PICTs and is the most commonly used renewable energy resource in the region. The direct integration of solar-generated electricity into the power grids of PICTs have reached a point where storage technologies must be employed if they are to further increase the share of renewable energy without compromising the durability of their existing power infrastructure and quality of the service delivery.

Mr John Grimes, the Chief Executive of the Australian Solar Council and Australian Energy Storage Council and Mr Wayne Smith, the Councils’ Government Relations Manager were in Tonga on the 22^nd  and  23^rd  of  August to hold discussions with the Deputy Prime Minister and Minister for Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications  and Minister for Foreign Affairs, Hon. Siaosi Sovaleni, Tonga Power Ltd, the Electricity Commission, the Energy Department of MEIDECC and the Pacific Centre for Renewable Energy and Energy Efficiency (PCREEE).

Hon. Sovaleni stated “I am pleased that the Councils are able to quickly respond to my request to establish this collaboration. Our region cannot avoid the use of energy storage technologies if we are to achieve our respective national renewable energy targets. We’ve got to be proactive and engage on genuine and durable partnerships that would support our region’s sustainable development aspirations.”

“It is an honour for the Councils to be able to come to Tonga, to talk to officials and to visit the PCREEE. There is certainly the political will and professional commitments by all parties to get this collaboration off the ground. We are glad to have the PCREEE as the medium for delivery and reaching out to the PICTs,” said   Mr John Grimes.

The collaboration will focus on the Councils assisting with the capacity development of the PICTs through the vast experiences and resources of its members. This will be in the form of specialized short-term technical training courses, accredited and non-accredited training programmes, staff exchange and exposure visits as well as technical and policy advice.

A tripartite Memorandum of Understanding has been drafted and discussed and will be signed in the next couple of weeks and plans are already under-way for two trainings to be conducted in September and October respectively.

ENDS

Issued by the: Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change & Communications.

29th August, 2017 The military exercise between His Majesty’s Armed Forces (HMAF) and New Zealand Defence Force (NZDF), Exercise Tropic Wing 2017 is now cancelled. Exercise Tropic Wing 2017 was mutually agreed upon by HMAF and the NZDF during a meeting in 2015.

The purpose of the training exercise is to maintain the close cooperation and relations between both armed forces, and to further develop military skills and jungle training of respective troops. The exercise was planned to take place on Tongatapu and ‘Eua in close coordination with the Tonga Police Force, Tonga Airport Authority and Forestry in Eua. HMAF is looking forward to further opportunities in the future to train with our development partners.

The current Ika Moana operation is a multinational maritime surveillance operation between Tonga, Niue, Samoa and Cook Islands with support from Australia. The surveillance operation is currently in progress with close cooperation between the regional partners.

ENDS

Issued by: His Majesty’s Armed Forces

29th August, 2017 The Tongan Government, the Tonga Chamber of Commerce and Industry (TCCI) and the Asian Development Bank (ADB) would like to invite private sector and public enterprises to a free half-day seminar to learn about international arbitration reform in Tonga and in the South Pacific region supported under an ADB regional technical assistance. As South Pacific countries continue to develop their international trade and investment agenda, and as foreign investment in the region grows, arbitration has become an important and popular method of resolving disputes within the international business community.

Who should attend
Businesses and government non-lawyers who contract with foreign companies

RSVP by 8 September 2017
Ms. Emie Alcala, at mialcala.consultant@adb.org and Ms. Lakai Fonua, at admin@tongachamber.org

Co-Chairs
Christina Pak, Senior Counsel, ADB and Daniel Meltz, Barrister, ADB International Arbitration Consultant

Speakers
Jo Delaney, Partner, Baker & McKenzie, Sydney and Daniel Kalderimis, Partner, Chapman Tripp, Wellington

Numbers are limited and final allocation will be at the discretion of the Asian Development Bank

29th August, 2017 The Ministry of Justice (MOJ) and the Asian Development Bank (ADB) would like to invite law practitioners to a free half-day seminar to learn about international arbitration reform in Tonga and in the South Pacific region supported under an ADB regional technical assistance. As South Pacific countries continue to develop their international trade and investment agenda, and as foreign investment in the region grows, arbitration has become an important and popular method of resolving disputes within the international business community.

Who should attend
Private and government lawyers who advise on contracts with foreign companies

RSVP by 8 September 2017
Ms. Emie Alcala, at mialcala.consultant@adb.org and Ms. Ana Kakau, at akakau@justice.gov.to

Co-Chairs
Christina Pak, Senior Counsel, ADB and Daniel Meltz, Barrister, ADB International Arbitration Consultant

Speakers
Jo Delaney, Partner, Baker & McKenzie, Sydney and Daniel Kalderimis, Partner, Chapman Tripp, Wellington

Numbers are limited and final allocation will be at the discretion of the Asian Development Bank

Application is hereby invited for the position of a Senior Engineer, Communications Department, MEIDECC.

Applicants are required to forward their applications endorsed by their respective CEO’s, also with their “Curriculum Vitae, transcripts and testimonials plus all other relevant documents needed. All civil servants who wish to apply must have their applications addressed to:

The Chief Executive Officer

Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communication (MEIDECC)

2^nd Floor O.G. Sanft Building

Taufa’ahau Rd, Nuku’alofa

29th August, 2017 The caretaker Deputy Prime Minister Hon Siaosi Sovaleni officially opened Tonga’s first Post-Disaster Needs Assessments (PDNA) Training at Tanoa International Dateline Hotel this morning.

Funded by the United Nations Development Programme and co-hosted by the Ministry of MEIDECC, the four-day training aimed to enhance preparedness and response capacity of the country to future disasters and to ensure that comprehensive assessment of economic loss and social impacts are adequately calculated for better post-disaster recovery actions.

Speaking to more than forty participants from line ministries and stakeholders, Hon Sovaleni said Tonga is one of the countries that are highly vulnerable to natural hazards.

“The country faces a number of hazards including earthquakes, tsunami, cyclone and storm surges. The impact on the islands can be great. Tonga reported 34 natural hazard-related disasters over the 30-year period of 1983-2012, at a reported cost of 104 million US$ (2012 values).”

He stated that over half of the events documented were accompanied by no economic estimate of their cost at all.

“The conventional economic assessment of disaster had at the time focused on assessing the costs of physical damage arising from disaster events, without  consideration of the losses (flow-on costs) arising from the damage such as loss of earnings, impacts upon businesses and so on.”

Hon Sovaleni said a complete understanding of the economic impact of a disaster is vital to strategic planning for recovery and rehabilitation as well as future risk reduction, hence the increasing interest in the use of PDNA in the Pacific.

He said that PDNAs target the full economic assessment of a disaster event and combine it with an assessment of social impacts such as impacts on livelihoods, critical amenities, coping strategies and special interest group to inform post disaster planning.

He urged participants to use the opportunity to benefit from so that Tonga can benefit from their expertise when needed.

Facilitator of the training, Assessor and Trainer Dr Asha Kambon from Trinidad and Tobago said, “This training is to ensure that leading technical groups and senior technician in Tonga are able to lead an assessment of disaster should any occur.”

Dr Kambon said Hon Sovaleni spoke about the number of disaster occurred over the time and he also pointed out that there are some missing details and this training will help people understand how to capture data all the data so there will be no missing data.

“One of the critical thing about the training it not only help us understand about the cost of the event but how to turn that cost into the cost of recovery.”

“Because government want at the end of the day to know what is the cost of disaster, how many people have been affected, what has happened to their livelihood, they want to understand what is going to be the cost of recovery to get people back up and to get our society to back up and running and that’s what the post disaster needs assessment want.”

Dr Kambon stated that PDNA not only teaches people how to calculate the cost of a disaster and recovery but to also understand how long a recovery will take.

ENDS

Issued by the: Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications.

30th August 2017 The caretaker Minister for Agriculture, Food, Forests and Fisheries (MAFFF) Hon Semisi Fakahau launched the Cattle and Sheep integrated production and management Project for Tonga (TCP/TON/3602) and officially opened the project’s inception workshop which was held this morning at Davina House.

Aimed to improve productivity of sheep and cattle for household food security, food nutrition, fighting against NCDs and maintaining sustainable livelihoods for Tonga, the proposed project with a total budget of US$294,000 is expected to be completed in three years.

The project will be managed and implemented by MAFFF Livestock Division in collaboration with Tonga National Livestock Development Council (TNLDC) with FAO providing technical assistance under its Technical Co-operation Programme (TCP).

Speaking to more than 20 participants Hon Fakahau stressed the importance of the cattle and sheep industry to Tonga with regards to traditional and cultural needs.

“The cattle and sheep industry are both very important in the country because of the population needs for nutritious and healthy food, traditional and cultural needs and combating the  increase of Non-communicable diseases which His Majesty King Tupou VI emphasized in the opening of the NCD workshop for the Pacific Islands in June of last year in Nuku’alofa.”

He stated that livestock industry in Tonga is fragmented and undeveloped due to limited access to quality pastures and feeds, uncontrolled poor breeding, stocking animal of low productive potential, late weaning, poor husbandry and seasonal lack of feed.

Hon Fakahau said livestock industry is a very small sector in the overall agricultural economy of Tonga but it has a significant contribution to rural development and diet of the population.

He told participants that he wants this project to reach out to all lives of farmers including those in the rural areas because livestock programs are not accessible to many households in most communities.

Facilitator of the workshop, Senior Animal Health and Production Officer from the Food and Agriculture Organization (FAO) Office in Bangkok Thailand Dr. Katinka de Balogh said that since most animal in Tonga comes from a relatively small number of original number of animals, this project is timely as it will introduce new genetic materials.

Dr. Balogh said there are three major outputs of the Project: Output 1,  strengthening of the capacity of MAFFF Livestock Division support for improved cattle and sheep production and productivity; Output 2 strengthening of the capacity of cattle and sheep farmers to increase productivity; and Output 3  development of dissemination of good cattle and sheep management practices.

The Project’s inception workshop is designed to ensure that there is a common understanding of the project’s objectives and outputs and the roles and responsibilities among all partners. The meeting and workshop will also agree and finalize a detailed project implementation plan for the next 24 months.

Present at the occasion were FAO representative Mr. Pau Likiliki, FAO Consultant Dr. Sioisifa Fifita, FAO SAP Officer Dr. Viliami Fakava, Former CEO for MAFFF Ms. Losaline Ma’asi, Head of Livestock Division Ms. ‘Ana Pifeleti, National Project Coordinator Dr Viliami Taufa, National Consultant Mr. Toifalefehi  Moala, farmers, officers from the Livestock Division and representatives from the Secretariat of the Pacific Community and Hango School of Agriculture.

ENDS

Issued by the Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communication

31st August 2017  TONGAN   The Attorney General’s Office wishes to respond to the report in the Kaniva news website that was published on 29 August 2017, where it reported views made on Facebook by Mr Lopeti Senituli, former Government Chief Executive Officer for Internal Affairs and also Government advisor, urging the current Government to take legal action against His Majesty the King’s decision to dissolve the Legislatie Assembly. Mr Senituli stated that the Government should apply to the Courtfor an injunction against the dissolution of the Legislative Assembly, and also apply to the Courts to review that decision.

2               It is not customary for the Attorney General’s Office to engage in public debate over the law, especially when it is made in social media. However when such statements are made on a wrong interpretation of the law, that creates a real risk of misleading the public, and which may lead to contempt or ridicule of the Constitutional institutions of the Kingdom, and it has resulted in some traction with the public, especially with the international media, then it is a fundamental duty of the Attorney General to speak out to correct that error and potential misconception.

3               The Attorney General’s Office also believes that the proper place for resolution of differences of legal opinion should be in the Courts and not in the court of public opinion.

4               Mr Senituli is of course entitled to make and express his opinions. It is also appreciated that these are lay opinions, but even more so the need for opinions on legal matters to be accurate and restrained.

5               It must be made very clear that no one is barred from taking any legal action to the Courts, regardless if it is a strong or weak case.

6               The Attorney General’s Office’s view is that any legal action that will be taken against the dissolution of the Legislative Assembly will be dismissed summarily by the Courts, and therefore no such legal action should be taken.

7               Mr Senituli opined that His Majesty the King’s decision to dissolve the Legislative Assembly under clauses 38 and 77(2) of the Constitution may be subject to judicial scrutiny. He based his opinion on the Land Court case of Tupou Tongaliuaki Filo’auola Aleamotu’a v Fielakepa, [2015] Tonga LR 556 (Scott LCJ). He stated that the personal

Royal prerogative must be exercised “according to the letter and the spirit of the constitution [sic] and laws of the land”.

8               These are the reasons why this view is flawed in the law, and the misconception should be desisted imediately:

No provision in Constitution or laws of Tonga to support opinion

(1)          Mr Senituli did not refer to any legal provision in the Constitution or the laws of Tonga to support his opinion.

Land Court held that His Majesty the King cannot be sued in Court on a challenge against exercise of a personal Royal prerogative

(2)          The Land Court case relied upon by Mr Senituli ruled that His Majesty the King could not be made a defendant to the case because the Courts have no jurisdiction over His Majesty the King. The Land Court explained as follows:

[21]   A distinction must, in my view, be drawn between the exercise by

His Majesty of unfettered royal prerogatives retained by him under the

Constitution, such as the power to confer titles (Clause 44) and the exercise by him either upon the advice of a body or person, of the powers specified in the relevant statute (e.g. Clause 50A(1) or Clause 50B).

[22]   In Tu’ipulotu v Kingdom of Tonga (above) [[1997] Tonga LR 258] Hampton CJ held that in Tonga, as in England, the King in person (subject only to Clause 49) is immune from all actions at law whether civil or criminal:

“No proceedings are maintainable against the King in person. The Courts are the King’s court and the Courts have no jurisdiction over him”.

While the decision relates to Judicial review proceedings in the Supreme Court in my view the principle is equally applicable to the Land Court.

And in paragraph [27] it added that:

[27] Most of the previous cases dealing with the issue of contested hereditary titles may be found in Volume II, Tonga Law Reports. Some of those will be referred to later on in this judgment. In none of them, so far as can be seen from the report, was the Sovereign joined as a party. In my view the matters now before this Court for decision may be satisfactorily and comprehensively be dealt with without the need for any second defendant or third party to be joined.

Land Court case dealt with a personal Royal prerogative that is limited by the law:

appointment of successors to hereditary titles and hereditary estates

(3)          The Land Court case dealt with different laws to the laws that applies in the dissolution of the Legislative Assembly. The Land Court stated in this case that the power to appoint successors to hereditary titles and hereditary estates is a personal Royal prerogative, and the Courts cannot direct His Majesty the King on making such appointments. However, the Courts can review the exercise of this particular power because of the procedures prescribed by law under sections 38(1) and 40(1)

of the Land Act, and the rules of succession prescribed by clause 111 of the Constitution. The Land Court stated this by saying that:

[25]  In my opinion the powers and duties given to the King by Sections 40(1) and 38(1) [of the Land Act] are personal and not subject to direction by the Court. It follows that there is no basis for the King to be joined as a party when breaches of these sections are alleged.

[26]  To say however that decisions made by the King pursuant to sections 40(1) [and] 38(1) are not subject to order is not to say that they are not justiciable at all. The Court retains the right and indeed the duty to analyse the actions taken and, when it is of the view that the parameters within which the royal prerogative must be exercised have been exceeded it may, in its discretion, declare that to be the case.

Privy Council confirmed that Land Court case dealt with a personal Royal prerogative limited by the law

(4)          The limitation by the law of the personal Royal prerogative to appoint successors to hereditary titles and hereditary estates was confirmed by the Privy Council in the appeal from this Land Court case. The Privy Council stated as follows:

11 Relevant to the interpretation to be given Clauses 104, 111 and 112 of the Constitution is HM King George Tupou I’s address to parliament in 1875 as quoted by our distinguished predecessors in Tu’ipulotu v Hon Niukapu (supra) at 83:

I have made up my mind absolutely not the alter names or nominate chiefs so that the estate shall go with the title and the succession shall be from father to son forever. The Law of Succession is stated in the Constitution, and such succession shall be by blood relationship only …. Should there be any dispute it shall be tried by Justices of the Court in accordance with the usage of civilised Governments. You Chiefs of Tonga all of you who have titles estates when the Constitution came into force: I affirm to you the right of yourself and your children by marriage to hold and possess your titles and estates forever, as stated in the Constitution.

12 His Majesty [King George Tupou I] clearly contemplated that succession to the noble titles he had created to reinforce his reign and the unity and wellbeing of the Kingdom would henceforth devolve according to law and not by royal pleasure.

The personal Royal prerogative to dissolve parliament is not limited by the law

(5)          The power to dissolve the Legislative Assembly under clauses 38 and 77(2) of the

Constitution is a personal Royal prerogative that has no “parameters” prescribed by any law, unlike the personal Royal prerogative to appoint successors to hereditary titles and hereditary estates. Accordingly, there is no basis for the Courts to analyse whether the decision taken by His Majesty the King to dissolve the Legislative Assembly has exceeded any legal parameters prescribed by the law.

The wording of clauses 38 and 77(2) of the Constitution puts this principle beyond doubt. Clause 38 provides that the King may dissolve the Legislative Assembly at his pleasureand command that new representatives of the nobles and people be elected to enter the Assembly. Clause 77(2) also provides that “it shall be lawful for the King, at his pleasure, to dissolve the Legislative Assembly at any time and command that new elections be held”.

9        The Attorney General’s Office therefore wishes to confirm that it is of the view, that the decision by His Majesty the King to dissolve the Legislative Assembly under clauses 38 and 77(2) of the Constitution was an exercise of a personal Royal prerogative that is not limited by the Constitution or the laws of Tonga, and therefore such decision cannot be reviewed by the Courts.

———- MEDIA RELEASE ENDS ———-

For further information or clarification, please contact:

Mr ‘Aminiasi Kefu,

Acting Attorney General and Director of Public Prosecutions,

Attorney General’s Office

Telephone Numbers: (676) 24055/24007 (Office), (676) 25347 (Direct), (676) 7715314 (Mobile)

Facsimile: (676) 24005

Email:  dpp@crownlaw.gov.to, aakefu@gmail.com

1               ‘Oku loto ‘a e ‘Ofisi ‘o e ‘Ateni Seniale ke fakahoko ha tali ki he lipooti ‘i he uepisaiti ongoongo ‘a e Kaniva na’e pulusi ‘i he ‘aho 29 ‘Aokosi 2017, ‘a ia na’e lipooti ai ‘a e ngaahi faka’uhinga na’e fakahoko ‘e Lopeti Senituli ‘i he Facebook, ko e ‘Ofisa Pule Ngaue Malolo ‘a e Pule’anga ma’ae Ngaahi Ngaue Fakalotofonua pea mo e fale’i ‘a e Pule’anga, ‘a ia na’a ne ekinaki ai ki he Pule’anga lolotonga ke fakahoko ‘a e ngaue fakalao ki he tu’utu’uni ‘a ‘Ene ‘Afio ko e Tu’I ke veteki ‘a e Fale Alea. Na’e pehe ‘e

Senituli ‘oku totonu ke tohi kole ‘a e Pule’anga ki he Fakamaau’anga ke ma’u ha tu’utu’uni tohin ta’ofi fekau’aki mo hono veteki ‘a e Fale Alea, pea ke tohi kole foki ki he Fakamaau’anga ke toe vakai’i ‘a e tu’utu’uni ko ia.

2               ‘Oku ‘ikai angamaheni ke kau ‘a e ‘Ofisi ‘o e ‘Ateni Seniale ‘i he felafoaki ‘a e kakai fekau’aki mo e lao, tautefito ki he taimi ‘oku fakahoko ai ‘i he mitia sosiale. Neongo ia, ‘i he taimi ‘oku fakahoko ai ha ngaahi fakamatala pehe ‘o makatu’unga i hano faka’uhinga’i hala ‘a e lao, pea ‘oku ne fakatupu ‘a e faingamalie fakatu’utamaki ke takihala’i ‘a e kakai, pea ‘e ala hoko ai ‘a e anga ta’etaau pe manuki’i ‘o e ngaahi sino Fakakonisitutone ‘o e Pule’anga, pea hoko ai ‘a hono tohoaki’i ‘a e fakakaukau ‘a e kakai, tautefito ki he mitia fakavaha’apule’anga, ko e tefito’i fatongia leva ia ‘o e ‘Ateni Seniale ke lea ‘o fakatonutonu ‘a e fehalaaki mo e ma’u hala ‘e ala hoko ai.

3               ‘Oku tui foki ‘a e ‘Ofisi ‘o e ‘Ateni Seniale ko e feitu’u totonu ke fakahoko ai ha tu’utu’uni ‘aofangatuku ‘o e ngaahi kehekehe ‘i he faka’uhinga’i ‘o e lao ‘oku totonu ke fakahoko ia ‘i he Fakamaau’anga ka ‘oku ‘ikai ko e fakamaau’anga ‘o e faka’uhinga ‘a e kakai.

4               ‘Oku ‘i ai pe foki ‘a e totonu ‘a Senituli ke fakahoko mo fakaha ‘ene ngaahi faka’uhinga. ‘Oku fakatokanga’i foki ko e faka’uhinga’i eni ‘e ha taha ‘oku ‘ikai ko ha taukei ‘i he mala’e ni, ka ‘oku hoko ia ko ha toe ‘uhinga lahi ange ke toe fiema’u ke tonu mo fakama’uma’u ‘a e faka-‘uhinga fekau’aki mo e ngaahi me’a faka-lao.

5               ‘Oku fiema’u foki ke fakamahino ‘aupito ‘oku ‘ikai ke ta’ofi ‘e he ‘Ofisi ‘o e ‘Ateni Seniale ha taha mei hano ‘ave ‘o ha ‘eke fakalao ki he Fakamaau’anga, ‘o tatau pe ko ha ‘eke faka-lao koia ‘oku malohi pe vaivai ‘a hono makatu’unga.

6               ‘I he vakai ‘a e ‘Ofisi ‘o e ‘Ateni Seniale ko ha ‘eke faka-lao ‘e ‘ave ki he Fakamaau’anga fekau’aki mo hono veteki ‘o e Fale Alea ‘e He’ene ‘Afio ko e Tu’i, ‘e tamate’i fakavavevave ia ‘e he Fakamaau’anga, pea koia ai ‘oku totonu ke ‘oua fakahoko ha ‘eke fakalao pehe.

7               Na’e pehe ‘e Senituli ko e tu’utu’uni ‘a ‘Ene ‘Afio ko e Tu’i ke veteki ‘a e Fale Alea ‘i he kupu 38 mo e 77(2) ‘o e Konisitutone ‘e ala vakai’i faka-Fakamaau’anga ia. Na’a ne fakatefito ‘a ‘ene faka’uhinga ‘i he hopo ‘i he Fakamaau’anga Kelekele ‘a Tupou Tongaliuaki Filo’auola Aleamotu’a v Fielakepa, [2015] Tonga LR 556 (Scott LCJ). Na’a ne pehe kuo pau ke ngaue’aki ‘a e totonu Faka-Tu’i taautaha “ ‘o fakatatau ki he tohi mo e laumalie ‘o e konisitutone [sic] mo e ngaahi lao ‘o e fonua”.

8               Ko e ngaahi ‘uhinga eni ‘oku fehalaaki ai ‘a e faka’uhinga ko eni ‘i he lao, pea ‘oku totonu ke ta’ofi ‘a e ma’u hala he taimi ni:

‘Ikai ha kupu ‘i he Konisitutone pe ngaahi lao ‘o Tonga ke poupou ki he faka’uhinga

(1)          Na’e ‘ikai ha lave ‘a Senituli ki ha kupu ‘i he Konisitutone pe ngaahi lao ‘o Tonga ke poupou ki he’ene faka’uhinga.

Na’e tu’utu’uni ‘e he Fakamaau’anga Kelekele ‘e ‘ikai lava ke faka’ilo ‘a ‘Ene ‘Afio ko e Tu’i ‘i he Fakamaau’anga ‘i hano ‘eke’i ‘a hono ngaue’aki ‘o e totonu taautaha FakaTu’i

(2)          Na’e tu’utu’uni ‘a e hopo Fakamaau’anga Kelekele na’e fakafalala ki ai ‘a Senituli ‘e ‘ikai lava ke fokotu’u ‘a ‘Ene ‘Afio ko e Tu’i ko ha faka’iloa ki he hopo koe’uhi ‘oku ‘ikai ha mafai ‘o e Fakamaau’anga ki he ‘Ene ‘Afio ko e Tu’i. Na’e fakamatala

‘e he Fakamaau’anga Kelekele ‘o pehe ni:

[21]   ‘I he’eku vakai, kuo pau ke faka’ilonga’i ‘a e faikehekehe, ‘i he vaha’a ‘o hono ngaue’aki ‘e he ‘Ene ‘Afio ‘o e ngaahi totonu fakatu’i ta’efakangatangata ‘a ia ‘oku ‘iate ia ‘i he malumalu ‘o e Konisitutone, ‘o hange ko e mafai ke tufa ‘a e ngaahi hingoa faka’apa’apa (Kupu 44) mo hono ngaue’aki ‘e ia ‘o tatau pe ‘i he fale’i ‘a ha sino pe taha, ‘o e ngaahi mafai kuo fakamahino pau ‘i he lao takitaha (e.g. Kupu 50A(1) pe Kupu 50B).

[22]   ‘I he hopo Tu’ipulotu v Kingdom of Tonga (above) [[1997] Tonga

LR 258] na’e pehe ‘e Hampton CJ ko Tonga, ‘o hange ko ‘Ingilani, ‘oku ‘ata ‘a e Tu’i ‘iate ia pe (tukukehe pe ‘a e Kupu 49) mei he kotoa ‘o e ngaahi ngaue ‘i he lao ‘o tatau pe ko e sivile pe hia:

“’Oku ‘ikai ha ngaahi fakatonutonu e ala fakahoko ki he Tu’i ‘iate ia pe. Ko e Fakamaau’anga ko e fakamaau’anga ‘a e Tu’i pea ‘oku ‘ikai ha mafai ‘o e Fakamaau’anga kiate ia”.

‘I he’eku faka’uhinga neongo ko e tu’utu’uni ‘oku felave’i mo e ngaahi ngaue toe vakai’i Faka-fakamaau’anga ‘i he Fakamaau’anga Lahi ka

‘oku ala ngaue’aki tatau ‘a e tu’unga ko ia ‘i he Fakamaau’anga Kelekele.

Pea ‘i he palakalafi [27] na’e tanaki atu:

[27]  Ko e lahi taha ‘o e ngaahi hopo kimu’a felave’i mo hono ‘eke’i ‘o e ngaahi hingoa ma’u tofia ‘e lava ‘o ma’u ‘i he Volume II, Tohi Lao ‘a Tonga. Ko e ni’ihi ‘o e ngahai me’a ko ia ‘e lave ki ai ‘amui ange ‘i he tu’utu’uni ko eni. ‘Oku ‘ikai ha taha ‘o e ngaahi hopo, fakatatau ki he me’a ‘oku ala ‘ilo mei he lipooti, na’e kau ai ‘a e Pule ki ha fa’ahi. ‘I he’eku faka’uhinga ko e ngaahi me’a ‘i he taimi ni ke tu’utu’uni ‘e he Fakamaau’anga ko eni ‘e ala fakahoko kakato mo faka’auliliki ‘o

‘ikai ha toe fiema’u ki ha faka’iloa hono ua pe fa’ahi hono tolu ke kau fakataha.

Ngaue ‘a e Fakamaau’anga Kelekele ki he hopo totonu taautaha Faka-Tu’i ‘oku fakangatangata ‘e he lao: fakanofo ‘o e ni’ihi ‘e hoko ki he ngaahi hingoa mo e ngaahi tofi’a tukufakaholo

(3)          Ko e hopo Fakamaau’anga Kelekele na’e felave’i ia mo e ngaahi lao kehe ia mei he ngaahi lao ‘oku ngaue’aki ki hono veteki ‘o e Fale Alea. Na’e pehe ‘ehe Fakamaau’anga Kelekele ‘i he hopo ko eni ko e mafai ke fakanofo ha ni’ihi ‘e hoko ki he ngaahi hingoa mo e ngaahi tofi’a tukufakaholo ko e totongu taautaha Faka-Tu’i, pea ‘e ‘ikai lava ‘a e Fakamaau’anga ke tu’utu’uni kihe ‘Ene ‘Afio ko e Tu’i ke fakahoko ‘a e ngaahi fakanofo ko ia. Neongo ia, ‘e lava ‘a e Fakamaau’anga ke toe vakai’i ‘a hono ngaue’aki ‘o e mafai pau ko eni koe’uhi ko e ngaahi founga ngaue kuo tu’utu’uni ‘e he lao ‘i he kupu 38(1) mo e 40(1) ‘o e Lao Kelekele, moe ngaahi tu’utu’uni ‘o e hokohoko kuo tu’utu’uni ‘e he kupu 111 ‘o e Konisitutone. Na’e fakaha eni

‘e he Fakamaau’anga Kelekele ‘aki ‘ene pehe:

[25]  ‘I he’eku faka’uhinga ko e ngaahi mafai mo e ngaahi fatongia kuo foaki ki he Tu’i ‘i he Kupu 40 (1) and 38(1) [‘o e Lao Kelekele] ‘oku taautaha pea ‘oku ‘ikai fakatatau ki he tu’utu’uni ‘a e Fakamaau’anga. ‘Oku ‘ikai ha makatu’unga ki he Tu’i ke kau atu ko ha fa’ahi ‘i hano tukuaki’i kuo maumau’i ‘a e ngaahi kupu ko eni.

[26]  Neongo ia ke pehe ‘oku ‘ikai makatu’unga ‘a e ngaahi tu’utu’uni kuo fakahoko ‘e he Tu’i ‘o fakatatau ki he kupu 40(1) [mo e] 38(1) ‘i ha tu’utu’uni ‘oku ‘ikai pehe ‘oku ‘ikai ke ala hopo’i. ‘Oku ‘i he Fakamaau’anga ‘a e totonu pea mo e fatongia ke ‘analaiso ‘a e ngaahi ngaue kuo fakahoko pea, ‘i he taimi ‘oku ne vakai ai kuo mahulu atu ‘a e totonu Faka-Tu’i mei he ngaahi fakangatangata ‘a ia na’e totonu ke ngaue’aki ai ‘e ngofua, ‘i he’ene loto ki ai, ke fakaha ko e me’a ia ‘oku hoko.

Fakapapau’i ‘e he Fakataha Tokoni na’e ngaue ‘a e Fakamaau’anga Kelekele ki he hopo totonu taautaha Faka-Tu’i ‘oku fakangatangata ‘e he lao

(4)          Na’e fakapapau’i ‘e he Fakataha Tokoni ‘a e fakangatangata ‘e he lao ‘a e totonu taautaha Faka-Tu’i ke fakanofo ‘a e       ni’ihi hoko ki he ngaahi hingoa mo e tofi’a tukufakaholo ‘i he tangi mei he hopo Fakamaau’anga Kelekele ko eni. Na’e fakaha ‘e he Fakataha Tokoni ‘o pehe:

11           Fekau’aki mo e faka’uhinga ‘e fakahoko atu ko e Kupu 104, 111 mo e 112 ‘o e Konisitutone ko e tofolofola ‘a HM King George Tupou I’s ki he fale alea ‘i he 1875 ‘o hange ko e lave ki ai ‘a hotau ni’ihi fakalangilangi kuo fetongi ‘i he hopo Tu’ipulotu v Hon Niukapu (supra) ‘i he 83:

Kuo u fakapapau’i mo’oni ke ‘oua ‘e liliu ‘a e ngaahi hingoa pe fokotu’u ‘a e kau nopele koe’uhi ke pau ke ‘alu fakataha ‘a e hingoa pea ko e hokohoko mei he tamai ki he foha ‘o ta’engata. Ko e Lao ‘o e Hokohoko ‘oku ha ‘i he Konisitutone, pea ko e hokohoko ia kuo

pau ko e felave’i toto pe….Kapau ‘e ‘i ai ha fakakikihi kuo pau ke hopo’i ‘e he kau Fakamaau ‘o e Fakamaau’anga ‘o fakatatau ki hono ngaue’aki ‘o e ngaahi Pule’anga sivilaise. Ko kimoutolu ‘a e Kau Nopele ‘o Tonga ‘a kimoutolu kotoa ‘oku ‘i ai homou ngaahi hingoa ma’utofi’a ‘i he taimi na’e kamata ngaue’aki ai ‘a e Konisitutone: ‘Oku ou fakapapau atu kia kimoutolu ‘a e totonu ‘a kimoutolu mo ho’omou fanau ke ma’u mo tauhi ‘a homou ngaahi hingoa mo e ngaahi tofi’a ‘o ta’engata, ‘o hange ko hono fakaha ‘i he Konisitutone.

12           Na’e mahino ‘a e fakakaukau’i lelei ‘e He’ene ‘Afio [King George Tupou I] ‘a e hokohoko ko ia ki he ngaahi hingoa nopele na’a ne fokotu’u ke fakamalohia ‘a ‘ene pule mo e uouongataha mo e lelei ‘o e Pule’anga ‘a ia ‘e hokohoko mei ai ‘a hono tukufakahoko ‘o fakatatau ki he lao kae ‘ikai ko e finangalo faka-tu’i.

‘Oku ‘ikai fakangatangata ‘e he lao ‘a e totonu taautaha Faka-Tu’i ke veteki ‘a e Fale Alea

(5)          Ko e mafai ke veteki ‘a e Fale Alea ‘i he kupu 38 mo e 77(2) ‘o e Konisitutone ko e totonu taautaha Faka-Tu’i pea ‘oku ‘ikai hano “fakangatangata” kuo tu’utu’uni ‘e ha lao, ‘o kehe mei he totonu taautaha Faka-Tu’I ke fakanofo ‘a e ni’ihi hoko ki he ngaahi hingoa mo e tofi’a tukufakaholo. Fakatatau ki ai, ‘oku ‘ikai ha makatu’unga ma’ae Fakamaau’anga ke ‘analaiso pe ko e tu’utu’uni na’e fakahoko ‘e he ‘Ene ‘Afio ko e Tu’i ke veteki ‘a e Fale Alea kuo mahulu atu ‘i ha ngaahi fakangatangata fakalo kuo tu’utu’uni ‘e he lao.

Ko e fakalea ‘o e kupu 38 mo e 77(2) ‘o e Konisitutone ‘oku ne fokotu’u ‘a e makatu’unga ko eni ‘o ‘ikai ha toe veiveiua. ‘Oku tu’utu’uni ‘e he Kupu 38 ‘e ngofua ke veteki ‘e he Tu’i ‘a e Fale Alea “ ‘o hange ‘oku ne finangalo ki ai” mo fekau ke toe fili ha kau fakafofonga kau nopele mo e kakai kenau hu ki Fale Alea.

‘Oku tu’utu’uni foki ‘e he Kupu 77(2) “’e ngofua ki he Tu’i, “ ‘i ha‘ane finangalo”, ke veteki ‘a e Fale Alea ‘i ha taimi pe pea fekau ke fakahoko ha fili fo‘ou”.

9 ‘Oku loto ‘a e ‘Ofisi ‘o e ‘Ateni Seniale ke fakapapau’i ‘oku ne tui, ko e tu’utu’uni kuo fakahoko ‘e he ‘Ene ‘Afio ko e Tu’i ke veteki ‘a e Fale Alea ‘i he kupu 38 mo e 77(2) ‘o e Konisitutone, ko hono ngaue’aki ia ‘o ha totonu taautaha Faka-Tu’i ‘a ia ‘oku ‘ikai fakangatangata ‘e he Konisitutone pe ‘e he ngaahi lao ‘o Tonga, pea ko ia ai ‘e ‘ikai lava ke toe vakai’i ‘e he Fakamaau’anga.

———- NGATA’ANGA ‘O E FAKAMATALA TUKUATU ———-

Ki ha toe fakamatala, pe fakama’ala’ala, fetu’utaki  mai:

Mr ‘Aminiasi Kefu,

‘Ateni Seniale Le’o mo e Talekita ‘o e Ngaahi Talatalaaki Hia ‘a e Pule’anga,

‘Ofisi ‘o e ‘Ateni Seniale

Ngaahi Fika Telefoni: (676) 24055/24007 (‘Ofisi), (676) 25347 (Laine Fakahangatonu), (676)

7715314 (Telefoni To’oto’o)

Fekisimile: (676) 24005

‘Imeili:  dpp@crownlaw.gov.to, aakefu@gmail.com

31st August,2017 Deputy Prime Minister Hon. Siaosi Sovaleni officially launched two MACBIO Reports   known as the National Marine Ecosystem Service Valuation Report and the Biophysically Special, Unique Marine Areas Report for Tonga, yesterday evening at Davina House, Ma’ufanga.

The Marine and Coastal Biodiversity Management in Pacific Island Countries, is one of the projects currently implemented to Environment Department of MEIDECC. MACBIO has been implemented project or better known as MACBIO in 5 Pacific Island countries with the support of German Agency for International Cooperation (GIZ) in close collaboration with the Secretariat of the Pacific Regional Environmental Programme (SPREP) and with technical support from the International Union for Conservation of Nature (IUCN).

Speaking to more than 20 participants, Hon. Siaosi Sovaleni stated in his remarks that Tonga’s ocean is worth about half a billion Pa’anga every year according to a report initiated in Nuku’alofa on 30^th August 2017.

“This is more than the value of Tonga’s exports. It’s a lot! Some of these values we see in the marketplace, for example, tourism brings in about TOP$9 million per year and tuna taken from the Tonga’s waters is worth over TOP$3.5 million annually”.

“More importantly, much of the value is “hidden”; it is NOT revealed in the market system.  For example, many people in Tonga rely on marine resources that they harvest for food – this is valued at more than TOP$5.5million per year. Other hidden values, also not revealed in normal market transactions, include the value of marine ecosystems in coastal protection. For Tonga, our coastal ecosystem provide about TOP$20 million in value per year by protecting coastal communities and infrastructure from storms and cyclone damage; not that they prevent the damage – healthy coastal ecosystems can reduce the damage that would otherwise occur”, he added.

Hon. Sovaleni told the gathering that Tonga’s marine ecosystems also contribute to the world’s efforts to store carbon; by storing carbon, marine ecosystems prevent increases in climate change impacts. The ecosystem here in Tonga is worth well over TOP$1 million annually.

He concluded by thanking the MACBIO Project for partnering with the Government in producing the report and highlighting the importance to protect the entire range of goods and services that the marine environment of Tonga provides to her people.

Participated in the launching programme were the Senior Project Advisor MACBIO, Dr. Leanne Fernandes, Government CEOs, Members of Ocean 7, Representatives from NGOs, Private Sectors and guests.

ENDS.

Issued by the; Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communication

Supply and Instalment of Medical Incinerator for Niuatoputapu Hospital Niuatoputapu, Tonga

1. 1. Publication reference

Invitation to tender dated 29^th August 2017

1. 2. Procedure

Competitive Negotiated Procedure

1. 3. Programme title

Rehabilitation of the Health Sector in Niuatoputapu

1. 4. Financing

Financing Agreement (FED/2012/022-583)

1. 5. Contracting authority

National Authorising Officer,

Ministry of Finance and National Planning

Tungi Colonnade, Level 1

Taufa’ahau Road

Nuku’alofa

Tonga

CONTRACT SPECIFICATIONS

1. 6. Description of the contract

The overall objective of this supply contract is to assist in the rehabilitation of the health sector in Niuatoputapu, Tonga. The contract will involve: i) the supply of a medical incinerator as per required specifications; ii) transport of the incinerator to the Niuatoputapu hospital site; iii) installation of the incinerator; iv) conduct testing of the incinerator to ensure it operates well; and v) conduct a training session of relevant officers on how to operate and maintain the incinerator.

1. 7. Number and titles of lots

One lot only

TERMS OF PARTICIPATION

1. 8. Eligibility and rules of origin

Participation in tendering is open on equal terms to natural and legal persons (participating either individually or in a grouping – consortium – of tenderers) which are established in one of the Member States of the European Union, ACP States or in a country or territory authorised by the ACP-EC Partnership Agreement under which the contract is financed (see also item 22 below). Participation is also open to international organisations. All goods supplied under this contract must originate in these countries.

1. 9. Grounds for exclusion

Tenderers must submit a signed declaration, included in the Tender Form for a Supply Contract, to the effect that they are not in any of the situations listed in point 2.3.3 of the Practical Guide.

1. 10. Number of tenders

Tenderers may submit only one tender per lot. Tenders for parts of a lot will not be considered. Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot. Tenderers may not submit a tender for a variant solution in addition to their tender for the supplies required in the tender dossier.

1. 11. Tender guarantee

Tenderers must provide a tender guarantee of TOP 2,402.69 when submitting their tender. This guarantee will be released to unsuccessful tenderers once the tender procedure has been completed and to the successful tenderer upon signature of the contract by all parties. This guarantee will be called upon if the tenderer does not fulfil all obligations stated in its tender.

1. 12. Performance guarantee

No performance guarantee is required.

1. 13. Information meeting and/or site visit

No information meeting is planned

1. 14. Tender validity

Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the Contracting Authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period (see para 8.2 of the instructions to tenderers).

1. 15. Period of implementation of tasks

3 months from the last signature of the contract plus 5 years of warranties for the medical incinerator.

SELECTION AND AWARD CRITERIA

1. 16. Selection criteria

The following selection criteria will be applied to tenderers. In the case of tenders submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are sub-contractors:

1)  Economic and financial capacity of tenderer (based on i.a. item 3 of the Tender Form for a Supply Contract). In case of tenderer being a public body, equivalent information should be provided. The reference period which will be taken into account will be the last three years for which accounts have been closed.

The selection criteria for each tenderer are as follows:

Criteria for legal persons:

• The average annual turnover of the tenderer must exceed the annualized maximum Budget of the contract ( minimum annual turnover requested may not exceed 2 times the estimated annual contract value, except in duly justified cases motivates in the tender dossier; and
• Current ratio (current assets/ current liabilities) in the last year for which accounts have been closed must be at least 1. In case of the consortium, this criterion must be fulfilled by each member.

Criteria for natural persons:

• The available financial resources of the tenderer must exceed the annualized maximum budget of the contract; and

• The financial situation of the tenderer should not be in deficit, taken into account debts, at the beginning and end of year.

2)  Professional capacity of tenderer (based on i.a. items 4 and 5 of the Tender Form for a Supply Contract). The reference period which will be taken into account will be the last 5 years from submission deadline.

Criteria for legal persons:

• has a professional certificate appropriate to this contract, such as Mechanical or Electrical Engineering.
• at least 2 staff currently work for the tenderer in fields related to this contract.

Criteria for natural persons:

• has a professional certificate appropriate to this contract, such as Mechanical or Electrical Engineering.
• is currently working/has worked during the past 5 years  as manager/team-leader etc. with 3 collaborators in fields related to this contract.

3)  Technical capacity of tenderer (based on i.a. items 5 and 6 of the Tender Form for a Supply Contract). The reference period which will be taken into account will be the last 5  years from submission deadline.

This means that the contract the tenderer refers to could have been started or completed at any time during the indicated period but it does not necessarily have to be started and completed during that period, nor implemented during the entire period. Tenderers are allowed to refer either to projects completed within the reference period (although started earlier) or to projects not yet completed. In the first case the project will be considered in its whole if proper evidence of performance is provided (statement or certificate from the entity which awarded the contract, final acceptance). In case of projects still on-going only the portion satisfactorily completed during the reference period will be taken into consideration. This portion will have to be supported by documentary evidence (similarly to projects completed) also detailing its value.

Criteria for legal persons:

• The tenderer has delivered supplies under at least 2 contracts with a budget of at least 90,000 EUR in medical incinerator management, engineering, transportation, installation and training which were implemented during the following period: 5 years from the submission deadline.

Criteria for natural persons:

•The tenderer has delivered supplies under at least 2 contracts with a budget of at least 90,000 EUR in medical incinerator management, engineering, transportation, installation and training which were implemented during the following period: 5 years from the submission deadline, i.e. date.

Capacity-providing entities

An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. Some examples of when it may not be considered appropriate by the Contracting Authority are when the tender rely in majority on the capacities of other entities or when they rely on key criteria. If the tender rely on other entities it must prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished when requested by the Contracting Authority.

With regard to technical and professional criteria, a tenderer may only rely on the capacities of other entities where the latter will perform the tasks for which these capacities are required.

With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.

1. 17. Award criteria

Price (or, if appropriate after prior approval, the best price-quality ratio which is a combination of quality and price)

TENDERING

1. 18. How to obtain the tender dossier

The tender dossier is available from the following Internet address: https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome. The tender dossier is also available from the Contracting Authority. Tenders must be submitted using the standard Tender Form for a Supply Contract included in the tender dossier, whose format and instructions must be strictly observed.

Tenderers with questions regarding this tender should send them in writing to Ms Tai’atu ‘Ata’ata email: tataata@finance.gov.to/stataata@gmail.com Office of the National Authorising Officer, Ministry of Finance and National Planning, Level 1 Tungi Colonnade, Nuku’alofa Tonga (mentioning the publication reference shown in item 1) at least 21 days before the deadline for submission of tenders given in item 19. The Contracting Authority must reply to all tenderers’ questions at least 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier shall be published at the latest 11 days before the submission deadline on the EuropeAid website at https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome

1. 19. Deadline for submission of tenders

29^th September 2017- 4:30pm

Any tender received by the Contracting Authority after this deadline will not be considered.

1. 20. Tender opening session

29^th September 2017- 5:00pm at the Officer of the National Authorising Officer Level 1 Tungi Colonnade Building, Nuku‘alofa Tonga.

1. 21. Language of the procedure

All written communications for this tender procedure and contract must be in English.

1. 22. Legal basis[1]

Annex IV to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 as amended in Luxembourg on 25 June 2005 and in Ouagadougou on 22 June 2010. Reference is made to Annex IV as revised by Decision 1/2014 of the ACP-EU Council of Ministers of 20 June 2014.

1. 23. Additional information

Opening hours of the Contracting Authority (Office of the National Authorising Officer Level 1 Tungi Colonnade Building), Monday to Friday: 8:30am -4:30pm except for public holidays.

[1] Please state any specificity that might have an impact on rules on participation (such as geographic or thematic or long/short term).

01^st September 2017 Police have arrested a 42-year-old man from Tofoa and his 25-year-old girlfriend from Lomaiviti this morning, in relation to the housebreaking and theft of a laptop and 4 flash drives from one of the rooms in the Tanoa Hotel on Wednesday 30 August 2017 at around 5:00 in the morning.

A third suspect, a 48-year-old man from Kolomotu’a was arrested from a house at a bush allotment in Lomaiviti this morning at 5:24am, where Police found the stolen laptop and flash drives as well as 4 cannabis plants.

The stolen laptop and flash drives contains critical information and data belonging to a Team of Medical experts from Australia who are here in Tonga to conduct heart surgery for the next two weeks.

“This is excellent work by the Police Criminal Investigation Unit in locating and arresting these people responsible for this burglary so quickly,” says Acting Chief Superintendent Tevita Vailea.“We are pleased to have been able to locate and give back to them the property stolen within two days of the crime being committed.”

“It is a disgrace that criminals have stolen from guests to our country, whom are here to help our medical people to care for our people.”

The Medical Experts has identified the laptop and flash drives seized by Police as their stolen property, and Police have charged the 3 suspects with housebreaking and theft.

The suspects are remanded in Police custody to appear at the Nuku’alofa Magistrate Court later today.

###

Issued by the: Tonga Police Media & Communication Officer, Tonga Police Headquarters, Longolongo; for media enquiries – Email: siaadams@gmail.com phone (676) 23 323 Fax: (676) 23 036

1st September, 2017 THE Embassy of Japan hosted another Sushi Roll-Cooking Class on Tuesday, 29 August 2017 exclusively for the two years commercial cookery course student of ‘Ahopanilolo Techinical Institute in Ma’ufanga.

H.E Mr. Yukio Numata, Ambassador of Japan to Tonga welcomed Sr. Malia ‘Eisapeta Ma’asi, Principal of ‘Ahopanilolo and the commercial cookery students, and introduced his chef, Mr. Masafuni Endo who instructed the cooking class. In his remarks he was delighted that students are willing to be introduced to Japanese traditional food and cooking techniques. “I hope today’s lesson will add some spice to your regular classes with giving you a hint of being creative and trying another food culture.” he said.

“We have chosen the sushi roll for it is symbolic of Japan’s charms, elegance and beauty. It is also very popular among Tongans and easy to prepare especially with the range of vegetables and other ingredients available in the Kingdom,” stated Mr. Numata. The cooking class was an initiative by the Embassy of Japan in Nuku’alofa to present the charms of Japanese cuisines for not only its health attributes but its connection with annual events. Japan’s cuisine the “washoku” was added on the 4th of December 2010 to the UNESCO Intangible Cultural Heritage and it has become more and more popular and loved by people from all over the world, including Tonga.

Sr. Malia ‘Elisapeta Ma’asi thanked Ambassador Numata for the thoughtful initiative which ‘Ahopanilolo is very privileged to experience. She was confident that her students would presently include sushi roll in their dishes served at their training restaurant and catering services.

Two classes were held for ‘Ahopanilolo on Tuesday, the morning class was for Year 2 students and Year 1 student in the afternoon. Students were first familiarized with ingredients and the making of a Japanese vegetable soup called the “kenchin-jiru” before being taught of how to make sushi roll. Students were challenged with rolling the sushi roll and using of the chopsticks and at the end of the cooking class, to everyone’s delight a bowl of kenchin-jiru was served for each to enjoy together their own sushi roll making.

Recipes of both dishes were translated into Tongan language, and were available for students to take home. The sushi roll cooking classes held in Nuku’alofa this year also anticipated to continue the friendly expansion and cultural exchanges between the peoples of Japan and the Kingdom of Tonga.

Attached,

Photos

ENDS

For further enquires please contact: Ms. Yoko Tochihara, Administration Officer Embassy of Japan in Tonga. Level 5, National Reserve Bank of Tonga Building / Telephone: 22-221 / Fax 27-025

01^st September 2017 On Friday 25 of August, the Government Primary School of Mu’a, in the Eastern District of Tongatapu celebrated the donation of 50 Japanese school bags, “Randoseru” from the people of Kuroshio town, Kochi Prefecture, Japan. 

Mr. Kazuya Azechi, Vice Superintended of the Board of Education of Kuroshio Town was in Nuku’alofa as the representative of Kuroshio Town to handover the school bags. H.E  Mr. Yukio Numata, Ambassador Extraordinary and Plenipotentiary of Japan to Tonga along with Hon. Penisimani ‘Epenisa Fifita, Minister for Education and Training attended the ceremony.

The donation of school bags was initiated last year when a connection was formed between the people of Kuroshio town and six students from Tonga who attended the “High School Students Summit on World Tsunami Awareness Day,” held in Kuroshio, in November 2016. The Mayor of Kuroshio town, Mr Katsuya Onishi strengthened the warm connection when he visited Nuku’alofa in May this year and presented a few bags to the young pupil of Mu’a GPS.  Mr. Kazuya Azechi, in his keynote address at the celebration on Friday,  narrated the history of the Randoseru, which in Japan is a customary gift that is symbolic of the grandparents’ or parents’ love for students who are about to begin primary school. He hoped that through the Randoseru, the young pupil will feel the love from the people of Kuroshio town.

Hon. Penisimani Fifita, Minister for Education and Training acknowledged the kindness of the people of Kuroshio town on behalf of the Government of Tonga, his Ministry and Mu’a GPS. “I am very thankful to the people of Kuroshio Town for enlightening the students of GPS Mu’a with this beautiful school bags.” The Minister also welcomed Mr. Azechi and his delegation for visiting the Kingdom and for encouraging the young pupils to persevere in their studies for a brighter future. He used his own life as an example and shared that he began his education in Mu’a GPS and today he is the Minister of Education and Training of Tonga.

Mrs. Vaioleti Fuapau, Principal of Mu’a GPS highly appreciated the donation of school bags which the school is happy to distribute them amongst young pupil whose families struggle with much hardships.

H.E. Mr. Yukio Numata, Ambasador Extraordinary and Plenipotentiary of Japan to Tonga expressed his gratitude to the people of Kuroshio Town and the Kuroshio Town’s Women Association for initiating the donation of Randoseru. He also thanked the Parents, Teachers and young pupil of Mu’a GPS for organizing the wonderful celebration which represented the strong bond of friendship between the people of Japan and Tonga.

The delegation from Kurosio town departed Nuku’alofa after their three day visit and confirmed that with this initiative’s success they aim to expand and continue the Randoseru project.

END.

Issued by the Japan Embassy Tonga

01st September His Majesty King Tupou VI officially opened the St. George Government Building at Pangai Si’i in Nuku’alofa, this morning.

The Project was first proposed and named by his late Majesty, King Tupou V. Located at the Centre of Nuku’alofa opposite Pangai Lahi, the landmark was a $25milion Pa’anga constructions grant by the People’s Republic of China.

In the Welcoming remarks, Prime Minister of Tonga Hon. Samuela ‘Akilisi Pohiva expressed his gratitude on behalf of their Majesties and the Government of Tonga to the Government of China for their unconditional assistance.

“I’m deeply honored on behalf of their Majesties, King Tupou VI, Queen Nanasipau’u and the People of Tonga to convey our utmost gratitude and humble appreciation to the Government of the People’s Republic of China for your unconditional assistance.”

Hon. Pohiva stated that the Project’s Objective is to construct an Office Building to accommodate the Prime Minister’s Office, the Ministry of Finance and National Planning and the Ministry of Foreign Affairs.

“The significance of the building is that it accommodates the Cabinet’s Chambers which has been fully equipped.”

He said that the building design theme was to become a landmark, a monument and a national icon for Tonga.

Ambassador of China to Tonga His Excellency, Mr. Wang Baodong thanked their Majesties and the Government of Tonga on their joint efforts that brought to pass the completion of the construction.

“The construction of the St. George Government building has shown great supports and promotions of the Tonga Royal Family to the Tongan Government, and thanks to our joint efforts we are here witnessing the new birth landmark in Tongatapu, and a new achievement for the China-Tonga Cooperation.”

He said that Tonga and China first established their diplomatic relations in November 1998, and since then, His Majesty, China and Tonga have enjoyed increased number of exchanges, cooperations in different areas and producing fruitful results for the two countries.

The agreement of the construction started in March, 2012 where the People’s Republic of China and the Kingdom of Tonga officially signed a letter that confirmed the agreement on the construction of the landmark. In November, 2014 the Government of Tonga and Shanghai Construction Group Company Ltd signed the agreement to carry out the construction work.

The construction was completed in May, 2017, and in June of this year the building was handed over by the People’s Republic of China to the Government of Tonga.

Present at the occasion, were Nobles of the Realms, Ministers of the Crown, Senior Government Officials, Diplomatic Corps and Guests.

Ends

Issued by: Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communication.

04^th September 2017 The Pacific Islands Forum Leaders will convene for their 48^th Pacific Islands Forum Leaders Meeting in Apia, Samoa on the 4-8 September, 2017. It will be an opportunity for Pacific Island Forum Leaders to discuss and develop collective responses to regional priority issues under the theme, ‘The Blue Pacific: Our seas of islands provides for our secure future through sustainable development, management and conservation’. Increased Economic Returns on Fisheries, Pacific Resilience Partnership (PRP) and PACER Plus will be discussed in the Leaders’ priorities.

In the margin of the 48^th Pacific Islands Forum Leaders Meeting, Tonga will Chair the 7^th Polynesian Leaders Group Meeting on the 4 September 2017 and the theme for this year’s meeting is ‘Sustainable Polynesia, empowering Polynesia through regional Innovation, Infrastructural Cooperation and Resilience’.  

Tonga’s delegation is led by the Prime Minister of Tonga, Hon. Samuela ‘Akilisi Pohiva and accompanied by Minister of Agriculture, Food, Forests and Fisheries, Hon. Semisi Fakahau, Minister for Infrastructure & Tourism, Hon. Semisi Sika, Chief Secretary & Secretary to Cabinet, Dr. Palenitina Langa’oi Tiueti, Chief Executive Officer for MEIDECC, Mr. Paula Ma’u and Senior Government Officials.

 ENDS

Issued by the: The Prime Minister’s Office, P.O. Box 62, Nuku’alofa, Tonga. Tel: (676) 24 644     Fax:  (676) 23 888; For media enquiries- Email: pressoffice@pmo.gov.to Website: www.pmo.gov.to