Ulu o Tokelau giving evidence at the High Court in Wellington, NZ
Tokelau is a New Zealand colony or territory (Tokelau Act 1948). The New Zealand Minister of Foreign Affairs appoints an Administrator with responsibility for the administration of the executive government of Tokelau (Administration Regulation 1993). Consistent with Tokelau’s intention in the 1980s to progress towards self-determination, New Zealand has substantially delegated powers of the Administrator to Tokelau in support of progress towards self-governance. New Zealand’s relationship with its territory has been likened as a “beacon of hope” by the United Nation’s Decolonization Committee (C-24) for other approximately 16 administering power-colony relationship currently under the C-24 list.
In October and November 2016, two helicopters were purchased at USD$2.38m by the Tokelau Administration from the increased Fisheries revenue of the territory for the purposes of implementing agreed local strategic development priorities. In March 2017, a New Zealand TV One news highlighted this purchase as not supported by New Zealand taxpayers. New Zealand Ministry of Foreign Affairs & Trade (NZMFAT) seized this as an opportunity to redraw the management of the increasing territory’s Fisheries revenue within its constitutional annual budgetary allocation.[1] For the territory, it was an opportunity to re-map its geopolitical settings. The already Inter-atoll rivalry and the exploitation of traditional authority provided the impetus for the surgical witch-hunt. Blindly and without careful thought towards the bigger self-determination picture the political landscape became internally toxic and self-destructive towards the end game.
Two of the most senior government officials were identified as scape-goats became seemingly the amicable solution to what was becoming a politicized situation. The Government’s Chief Policy Advisor for 10 years (2007-2017) – Jovilisi Suveinakama and the Chief Finance Advisor – Heto Puka were busy putting together the draft National Budget for the 2017/18 Financial year following a steady decade of growth through the implementation of the Tokelau National Strategic Plan 2010-2015, refer to graph below, in their Office in Apia, Samoa and much too busy to suspect the “Easter Plot”.
On 11 April 2017, both Tokelau and NZMFAT agreed to suspend and investigate the two senior government officials for unauthorized purchase of the helicopters under the employment rules. On Thursday 13 April 2017 just a day before Easter Friday, Mr. Suveinakama and Mr. Puka were handed their suspension letters. The suspensions meant that both NZMFAT Officials and Tokelau Ministers would abandon the Commission of Inquiry directed and commissioned by Tokelau’s Parliament (General Fono) and turned it towards an employment case noting that neither New Zealand (Administering Power) and Samoa (Place of Employment) employment laws would apply. The situation and investigation became toxic instantly.
An investigation term of reference (TOR) was drawn up which together with the claims for unauthorized purchase of helicopters named the Two Senior Officials for giving unprofessional advice for the purchase of a prime piece of land next to the main wharf in Samoa for WST$10m. The land currently sits the new Tokelau Administration’s national office and saves the government approximately WST$1m every year in cartage fee and fuel, and the helicopters had been resold with the proceeds absorbed into recurrent budget expenditure appropriations instead of development priority goals.
With the legal advice from Tokelau’s lawyer to escape the Samoa Employment laws, the two officials were summoned to travel from Samoa which is their place of employment to Atafu, Tokelau approximately 500km to an artificial islet called Lotomau for the ‘employment investigations’.
Both senior officials advised the Investigator to have the interview in Apia, Samoa where they worked and accessible to their lawyers – this was refused. At the end the pair chose not to go to Atafu, Tokelau as summoned by the Investigator. Unfortunately, as a result, the Tokelau Ministers made further punitive interventions with the investigation where salaries for the duo were withdrawn, and in addition they were barred from leaving the country despite both officials being non-citizens of Samoa and had no means of financial support. Five months later, without a face-to-face interview, the Investigator submitted a Report to the Tokelau Ministers, as Employers of the two senior officials, with a termination recommendation.
On 24th November 2017, both Mr. Suveinakama and Mr. Puka were terminated after more than 2 decades as combined years of service to the Government of Tokelau as Chief Policy Advisor and Chief Finance Advisor respectively. The pair sued Tokelau’s government and leaders with the view that Tokelau leaders as public office holders had to exercise their powers transparently and in line with the rules of natural justice. In 2019 the High Court[2] of New Zealand in Wellington sitting as Tokelau’s High Court ruled their dismissals were lawful, but a previous move to suspend them without pay was illegal. Questions were asked as to how the dismissal could be lawful when the Court acknowledged that a significant component of the whole process was illegal. The decision of the High Court is currently being appealed following unsuccessful attempts to resolve the matter with the NZ Minister of Foreign Affairs – Nanaia Mahuta in November and December 2020. Despite all, the two senior officials will certainly not give up the search for the “beacon of hope”. –END-
[2] Suveinakama v Council for the Ongoing Government of Tokelau [2018] NZHC 1787.
[1] NZ Annual Constitutional support was NZ$12m and Fisheries (EEZ) Revenue was NZ$24.5m as at June 2017.