General Fono Decisions 23 - 24 March 2010 at Atafu

 GENERAL FONO

DECISIONS

23 – 24 March 2010
ATAFU
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Content Page
 1. Swearing-in of 2010 Chairperson                                                
2. Statement by the representative of the Government of NZ          
3. Reserved                                                                                      
4. Invasive Species                                                                           
5. Renewable Energy                                                                        
6. Increase Rates for stevedoring work on Sundays                        
7. Housing Scheme                                                                           
8. Fatupaepae Annual Budget Allocation                                           
9. National Policy and Action Plan for Tokelau Women                    
10. Exemption for National Fatupaepae activities to take place
during General Fono sessions 
11. Council for the Ongoing Government’s Remunerations             
12. Financial Report 2008/2009                                                         
13. Development Bank of Tokelau                                                   
14. Mid Term Review of 2009/2010 Budget .                                   
15. Tokelau Superannuation Scheme                                              
16. Re-Allocation of Departments to the three villages                    
17. Tokelau National Strategic Plan 2010-2015 .                             
Annexes
1. Statement of the Representative from New Zealand                   
2. Letter from Minister McCully                                                         
3. National Policy and Action Plan for Tokelau Women                   
4. Action Plan for Tokelau Women                                                   
5. Development Bank of Tokelau – Guidelines for Loans                 
6. Expenditures for the first 6 months up to December 2009           
7. Detailed Budget 2009/2010 as approved October 2009               
8. Approved Budget Review 2009-2010                                            

List of General Fono delegates and Public Servants                       

1. SWEARING-IN OF THE GENERAL FONO 2010 CHAIRPERSON

1.1 The General Fono noted and witnessed the swearing-in of:

i) Iosua Aleni as the General Fono Chairperson for 2010;
ii) Leota Tavita as the Deputy General Fono Chairperson for 2010;
iii) the following General Fono delegates:

I) Kelisiano Kalolo to replace Iosua Aleni of Atafu;
II) Patuki Isaako to replace Enosa Sirila of Atafu;
III) Ioane Tumua to replace Kele Perez of Nukunonu;
IV) Panapa Sakaria to replace Lino Isaia of Nukunonu.


2. STATEMENT OF THE REPRESENTATIVE OF THE GOVERNMENT OF
NEW ZEALAND

2.1 The General Fono:

i) noted the key issues raised particularly:

I) Relationship between Tokelau and New Zealand;
II) Solution for Tokelau shipping;
III) Infrastructure Development Project;
IV) Renewable Energy Project;
V) Status of the ESA;
VI) Possible visit to Tokelau in 2010 by the Administrator of Tokelau,
Mr. John Allen.

VII) instructed the General Fono Secretariat to translate Mr. David Payton statement and refer to each Taupulega for deliberation and to note.

(Attachment 1 - David Payton’s statement)

3. RESERVED

Reserved

4. INVASIVE SPECIES

4.1 The General Fono:

i) noted preparations to date by the Department of Natural Resources, Environment & Economic Development (ENDRE) to address the problem, including the allocation of specific funds, however, negotiations continue regarding the timing and availability of technical support;
ii) instructed the Department of ENDRE to focus not only on the yellow ant and the while fly but to the “mina” bird, rhinoceros beetle and all other invasive species;
iii) requested that the Department of ENDRE include in its long term plan training and capacity building for village staff and strengthening border controls systems;
iv) noted the recent issue regarding dead chickens in Fakaofo and Nukunonu and advised the departments of ENDRE and Health to continue investigations as to the cause in determining a solution.

5. RENEWABLE ENERGY

5.1 The General Fono:

i) noted the letter from Minister McCully dated 10 December 2009 and directed the Secretariat to have the letter translated and copies presented to the delegates;
ii) noted that actual cost will only be known after the tender process;
iii) agreed to the Minister’s proposal;
iv) noted that this funding option is cheaper than a commercial loan;
v) noted that as a result of the review, the governments of Tokelau and New Zealand have agreed to the way forward i.e:

1. an international tender process for the development and establishment of a photovoltaic system for the provision of solar power on all three atolls;
2. continue to explore and develop fossil fuel and also prepare a contract for the tender process within the year.
vi) instructed the Department of Energy to provide to the next General Fono detailed reports on financial implications of this specific project.

(Attachment 2 – Letter from Minister McCully)

6. INCREASE RATES FOR STEVEDORING WORK ON SUNDAYS

6.1 The General Fono:

i) noted that this issue relates to all three atolls not just Nukunonu;
ii) noted previous General Fono decision :

I) February 1999 – “16.3. The General Fono endorsed that no ship shall call on the atoll of Nukunonu on any Sundays for the purpose of conducting stevedoring work starting from this day. The Department of Transport will make sure of this”;

II) January 2004 – “should a ship call on any of the atolls on Sundays, no work will take place except to disembark passengers or in the case of an emergency”;

III) February 2007 – “the General Fono endorse an increase of 50% payment for stevedoring”.

iii) agreed to refer this issue to the Department of Transport and villages for discussion and to report and make recommendations to the next General Fono;

iv) agreed that the Department of Transport review the increased rates as per the proposal to the General Fono and provide recommendations to the next General Fono.

7. HOUSING SCHEME

7.1 The General Fono:

i) agreed to refer the issue back to Fakaofo for them to prepare and clarify their new proposal of $55,000;
ii) instructed the Department of Finance to provide to Fakaofo information on the true costs of supplies, to assist the preparation of their paper to General Fono;
iii) agreed to refer the issue to all three Taupulega for further discussion and report back to the next General Fono.

8. FATUPAEPAE ANNUAL BUDGET ALLOCATION

8.1 The General Fono:

i) agreed to continue annual budget allocation for Fatupaepae based on proposals;
ii) agreed that the National Plan of Action for Tokelau Women needs to clearly identify which programmes are to be implemented nationally and which ones need to be implemented in the villages;
iii) directed, support staff to the Fatupaepae to ensure that financial reports are provided to the General Fono at the end of every financial year;
iv) noted that all unspent funds must be returned to the pool at the end of the financial year.

9. NATIONAL POLICY and ACTION PLAN FOR TOKELAU WOMEN 2010-2015

9.1 The General Fono:

i) endorsed the National Policy and Action Plan for Tokelau Women 2010-2015;
ii) agreed to refer the National Policy and Action Plan for Tokelau Women 2010-2015 to Taupulega for their information;
iii) recommended that the principles of the policy be explained clearly to each Taupulega to ensure that the policy is consistent with village traditions;
iv) agreed to the establishment of the new post of Women Affairs Advisor within the Tokelau Public Service to be responsible for coordinating the implementation of activities in the National Policy and Action Plan for Tokelau Women.

(Attachments 3 & 4 - National Policy and Action Plan for Tokelau Women 2010-2015)

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10. EXEMPTION FOR NATIONAL FATUPAEPAE ACTIVITIES TO TAKE PLACE DURING GENERAL FONO SESSIONS

10.1 The General Fono:

i) endorsed the request from the Fatupaepae to allow Fatupaepae activities e.g. Tautiti Tokelau Pageant and Market to take place during General Fono sessions.
ii) noted that Fatupaepae will ensure that their activities do not interfere with the General Fono programme.

11. COUNCIL FOR THE ONGOING GOVERNMENT’S REMUNERATION

11.1 The General Fono:

i) agreed to the salary levels for Council member as recommended by the Hay Group as follows:

- Pulenuku $32,400.00
- Faipule $42,400.00
- Ulu o Tokelau $47,400.00

ii) agreed that this be effective from 1 July 2009;
iii) noted the total cost to implement this decision is $15,560.00 per year;
iv) agreed that the Office of the Council prepare and arrange everything relating to each member and all the various monetary benefits they are entitled to;
v) noted the importance of clearly recording the duties and responsibilities of members of the Council for Ongoing Government, the duties of the Pulenuku, Faipule, and also those of the General Fono delegates, and the General Fono also noted that this issue needs to be discussed in detail by the Constitution Committee.

12 CONSOLIDATED AUDITED FINANCIAL REPORT 2008/2009

12.1 The General Fono:

i) noted and approved the request from the Minister of Finance that although Tokelau has signed the report it still awaiting the Auditor’s signature and once that’s done, the report will be provided to the General Fono.

13. DEVELOPMENT BANK OF TOKELAU

13.1 The General Fono:

i) endorsed the annual interest rates charged on loans as follows:
 

Category	Annual Interest                 Rates
A - Good business case prepared and security for the loan is provided	NZ average    bank floating mortgage rate plus 2%
E - Good business case prepared but no security is available or appropriate	NZ average bank floating mortgage rate plus 4%
I - No business case or small loan where the incentive is in the way of a 'small loan'	NZ average bank floating mortgage rate plus 8%

ii) approved investment of funds in New Zealand Registered Bank deposits only;
iii) agreed financial implications and required funds for ongoing administrative and operating costs of the Bank;
iv) approved Initial Policies and Procedures (Attachment 5) for the operation of the Bank;
v) noted that detailed approval criteria and processes including loan documentation be provided for the May 2010 General Fono;
vi) noted that further consultations will be undertaken by the Department of Finance with the three Taupulega and Finance sections in each village on implementation arrangements for the Development Bank of Tokelau.

14. MID TERM REVIEW OF 2009/2010 BUDGET

The General Fono:

i) noted the actual Results to end December 2009 for villages and departments; (Attachment 6);
ii) noted the details for the Revised 2009-2010 Budget approved by the General Fono in October 2009 (Attachment 7);
iii) agreed to distribute unallocated funds totaling $379,797 reflected in the recommendation by the Department of Finance based on the normal formula;
iv) agreed to the budget amendments as per attached (Attachment 8)

15. TOKELAU SUPERANNUATION SCHEME

The General Fono:

i) agreed that the work on the Tokelau Superannuation Scheme and design of the Trust Deed covering operations of the proposed Scheme be continued:
ii) approved that further consultation be undertaken by the Department of Finance with the three Taupulega with regards to the Tokelau Superannuation Scheme before it is endorsed by the General Fono May 2010.
 

16. RE-ALLOCATION OF DEPARTMENTS TO THE THREE VILLAGES

The General Fono:
 

i) supported a review of the issue:
ii) agreed to refer issue to the Taupulega for their views and report back to the next General Fono:
iii) agreed to refer issue to Council for their views and report back to the next General Fono.
 

17. TOKELAU NATIONAL STRATEGIC PLAN 2010-2015

The General Fono:
 

i) noted the Printed English version of the Tokelau National Strategic Plan 2010-2015:
ii) noted the printed version will be presented to the next General Fono:
iii) endorsed the English version of the Tokelau National Strategic Plan 2010-2015.
 

(copies of the Tokelau National Strategic Plan 2010-2015 can be obtained from the General Fono Secretariat)

Signed by Iosua Aleni (Chairperson) at Atafu on 29 day of April 2010

General Fono Delegates

 

Fakaofo	Nukunonu	Atafu
Foua Toloa (Faipule)	Pio Tuia (Faipule)	Kuresa Nasau (Faipule)
Tinielu Tuumuli (Pulenuku)	Iaseto Lui	Nouata Tufoua (Pulenuku)
Kelesoma Peleti	Ioane Tumua	Lepaio Simi
Kolouei O'Brien	Panapa Sakria	Patuki Isaako
Gau Gaualofa	Mika Perez	Kelihiano Kalolo
Kaio Isaako	Sili Aleki	Nofo Iupati
Makalika Vitale		Vasi Aleni

Chairperson 2010

Iosua Aleni

Kauhauatea

Iaheto Pereira, Pelenato Manuele, Reuelu Reuelu,
Vihehio Tovio, Fatia Perez, Paulo Kitiona,
Taupati Peleni, Penetito Setefano, Timo Reupena,
Hio Hio, Kalolo Wright, Erupi Gaualofa.

Representative of the Government of New Zealand

David Payton
Jonathan Rowe


Support Staff

Joe Suveinakama, Afega Gaualofa, Fala Iosefa,
Tomasi Tafia, Simona Mei, Olita Hakai,
Tessa Kirifi, Lili Tuioti, Reupena Leitu,
Pisaina Lei-Sam, Ailani Tanielu, Teati Naseri,
Pouvave Fainu’ulelei, Alan Shaw, Latu Lopa,
Zak Patelesio, Taase Perez, Felise Koloi,
Hina Puka-Tuia, Teo Sili, Hegalo Vitale,
Kele Kelekolio, Poni Simi, Finau Olive,
Ake Puka-Mauga, Safiti Gaualofa, Sio Perez,
Lise Suveinakama, Heo Peleni, Moeimoana Atoni.
 

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Attachment 1

GENERAL FONO ATAFU
TUESDAY 23 MARCH 2010

Statement of the Director of the Office of the Administrator

Chairman and distinguished members of the General Fono of Tokelau

Ulu of Tokelau

Faipule and Pulenuku

Distinguished members of the taupulega of Atafu

Other Grey Hairs

Officials of the Tokelau National Public Service

General Manager and other members of the Atafu Public Service

Friends,


On behalf of John Allen, Chief Executive of the Ministry of Foreign Affairs and Trade, who is currently acting in the role of Administrator of Tokelau, I bring you greetings from the Government and people of New Zealand on this, the occasion of the first session of your General Fono in 2010.

Yesterday we were privileged to participate in the inauguration of your new Ulu, Faipule Kuresa Nasau. This was an opportunity to reaffirm the commitments that lie at the heart of the partnership that binds New Zealand and Tokelau together. His coming year of leadership of Tokelau is certain to be one of great challenge and also of great opportunity. On behalf of John Allen and all the team in the Office of the Administrator I am pleased to affirm once again our determination to work constructively with the Ulu, the Council and Tokelau officials for the benefit of Tokelau and all its people.

The year that has passed has been a challenging one in the relationship. In several key areas there has not been the progress we all would have hoped to see when we met in Fakaofo in February last year for the inauguration of Faipule Foua Toloa as Ulu. In the area of shipping services the past months have seen uncertainty and delay and this has been hard for you and all your people. Your concerns and your hopes for this vital aspect of life on these atolls are well understood in Wellington and there is a determination to move ahead in the months ahead. Earlier this month in Apia John Allen met with your Council and set out the views and proposals of Foreign Minister McCully for your consideration. It is New Zealand’s hope that this General Fono session and the supporting work of your Council will be able to provide some clear responses on these shipping issues. My hope is that we can so structure our work in the coming days, both as this General Fono and also as Council, that adequate time can be allocated for us to work through these challenging matters.

The year past has also been one where your communities have waited for the green light on your infrastructure projects. Now we are able to move ahead with maximum speed to get the jobs done and I know that each taupulega will be actively supporting this work as it makes such a change for your communities.

Work also has been underway to further define the proposal for a shift to greater reliance on renewable energy and to work out how this can be managed alongside all of Tokelau’s other priorities and needs. It is encouraging that this continues to progress and further consideration of this will be an important part of your work during this session.

At the very heart of the partnership we have lies New Zealand’s ongoing economic support for Tokelau. In June this year the current three year Economic Support Arrangement will come to an end. Before this it will be necessary to finalise a new funding arrangement for Tokelau. Earlier this month John Allen set out the basis on which the New Zealand side of the partnership would propose this could be completed. It will be important for this to be set out clearly during this General Fono session. Some quite important changes are being proposed and you as General Fono delegates need to understand them fully. I look forward to discussing them with you later in this session.

During my time of working with Tokelau, starting in September 2006 and during the three year period that I held the position of Administrator of Tokelau until October last year, I have always viewed the work of the General Fono, together with the activities of the taupulega as at the very heart of Tokelau. This is not surprising as the Fono and the taupulega are, in essence, Tokelau. You set the path and you determine the future for your people, the people of these precious atolls. My colleagues and I in the Office of the Administrator wish to commit to you our total support for the ongoing wellbeing of your people. Together let us ensure that our combined efforts deliver real improvements at the atoll level and that the substantial resources that are provided to Tokelau can be shown to have improved the wellbeing of your people.

There is much that could be said on this occasion but priority must be given to your work programme. I look forward to hearing your deliberations and, where you consider it would be useful, joining in discussion on relevant issues.

Before I conclude, however, please let me touch on two other matters. John Allen has specifically tasked me to let you know that he very much regrets being unable to be here in person. His meeting in Apia, including a brief experience of the MV Tokelau, has ensured that he will remain very interested in Tokelau’s affairs in the months and years ahead. At present he is working on being able to visit Tokelau later this year, and is working on bringing Minister McCully with him. If the Minister is able to make the visit I understand this would be the first ever visit by a New Zealand Foreign Minister to Tokelau. It certainly is time for this to happen.

I also wish to acknowledge to you Faipule Nasau, to the General Fono delegates from Atafu and the wider Atafu community our shared sense of loss at the recent tragedy that took away three of the sons of Atafu, the sons of Tokelau. Let our shared commitment to a better Tokelau be a testament to them and their young lives.

My colleague Jonathan Rowe and I look forward to a successful General Fono session and to the year ahead being one in which the partnership between New Zealand and Tokelau continues to flourish for the benefit of the people of Tokelau.

May the Almighty bless Tokelau and its people.

Annex 2 – Letter from Minister McCully

APPENDIX 3

TOKELAU NATIONAL WOMEN POLICY
2010 -2015 (for more information: contact Lise Suveinakama, Office of the Council for the Ongoing Government, Apia. email lsuveinakama@yahoo.com)

APPENDIX 5

TOKELAU DEVELOPMENT BANK
LENDING POLICIES

In accordance with the Tokelau Banking Rules 2004, the purpose of the Tokelau Development Bank is to:

(i) provide loans at interest to approved individuals and companies;
(ii) provide business skills training at the community level or otherwise; and
(iii) operate as an information resource and support base.

The attached draft credit application form provides an indication of the likely information that will be required from all applicants.

As with all lending institutions, the success of the Tokelau Development Bank will depend on the quality of the loans that are provided.

As time progresses there may be a role for the Bank in providing small interest free development grants which will provide assistance for ventures that may be of a higher risk or uncertainty than other ventures. This will be dependent on the progress of the Bank in terms of profitability.

As indicated in the rules the Bank will provide loans at interest to individuals and companies. It is anticipated that loans will only be available for development purposes or economic and business development initiatives. It is not a Bank which provides loans for use in areas such as travel or household purchases unless it is clear that these are in the course of direct economic development initiatives.

It is anticipated that applications for loans will be called for on a quarterly basis in the early stages of operation until such time that the Bank becomes established and can accept loans on an ongoing basis as and when required.

The Bank will assist with applications and the development of business plans to provide all support for the success of business ventures and initiatives.

Further details in terms of an operations manual etc will be available at the May 2010 General Fono. In the meantime further information is available from Department of Finance and early discussion on possibilities is encouraged.


TOKELAU DEVELOPMENT BANK
LOAN APPLICATION FORM
(for more information: contact Pisaina Lei Sam, Director of Finance, Tokelau Apia Liaison Office, Apia, Samoa. email pisaina.leisam@lesamoa.net)

APPENDIX 6

FINANCIAL RESULTS FOR 2009-2010 FY (NZD)
BY VILLAGES AND DEPARTMENTS FOR FIRST SIX MONTHS TO DECEMBER 2009

(for details contact: Pisaina Lei Sam, Director of Finance, Tokelau Apia Liaison Office, Apia, Samoa email pisaina.leisam@lesamoa.net)
 

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