1. THE MINISTRY OF JUSTICE

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1. THE MINISTRY OF JUSTICE

A. GENERAL

Hon. William Clive Edwards (LLB, OBE, SC)

Minister of Justice

THE MINISTRY OF JUSTICE

This Annual Report records the operations and performance of the Ministry of Justice from 1

July 2012 until 30th June, 2013.

1.1 Minister of Justice

The Minister of Justice is the Hon Clive Edwards, LLB, OBE, SC, who was appointed to the

post of Minister of Justice on 1 September, 2013.

1.2 The Ministry of Justice

The Ministry of Justice is responsible for:-

• The provision of policy advice on all Justice sector matters including relevant legislative

issues to the Prime Minister and Cabinet. The Minister of Justice is currently the Chair of

the Law Committee and the conduit between Parliament and Government on legislation

created or proposed for amendment; The Minister is also the “Chief Whip” for

Government in the Legislative Assembly;

• the provision of all support services to the judiciary (Court of Appeal, Supreme Court,

Magistrates‟ Court) and court related functions (Probation and Bailiff division);

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• the Ministry also maintains and operates the national system of civil registration for the

people of Tonga (Registrar General‟s Office).

• oversight of the independent bodies which:- enforce and implement free and fair

elections (Electoral Commission); the Anti-Corruption Commission which has not been

set up as yet and impartial intermediaries between the public and government the

Commissioner for Public Relations (Ombudsman‟s Office). All these bodies operate

independently from Government, but for certain administrative and budgetary matters

are linked to the Ministry.

The Ministry of Justice consists of the Minister of Justice and his Chief Executive Officer, all staff

(public servants) in the Minister‟s Office, administration division, Registrar General‟s Office,

Supreme Court, Magistrates‟ Court, Bailiff and Probation Division.

THE JUDICIARY AND THE OFFICE THE LORD CHANCELLOR

Since the amendments to the Constitution in 2010, the Ministry and the Executive Government and

Parliament no longer have any input into matters relating to advertising, appointment, financial

contracts of members of the judiciary or the operations of the Judiciary. A full transition of

administrative functions and human resource allocations (all administrative staff of the courts

continue as Public Servants and remain the responsibility of the Chief Executive Officer) and

financial matters relating to the operation of the courts has not been affected but continues to be

with the Ministry, which holds the annual government budget since the Lord Chancellor‟s Office,

does not have an established budget as yet. Transition to the new Justice system continues to be

developed and progressed by the Minister of Justice, the Lord Chancellor and the Attorney General.

“Judiciary” is defined under Clause 84 (2) of the Constitution of Tonga as:

84 “(2) The Judiciary of the Kingdom shall comprise –

(a) the Lord President of the Court of Appeal and Judges of the Court of Appeal;

(b) the Lord Chief Justice, who shall be the professional Head of the Judiciary, and

Judges of the Supreme Court;

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(d) the Chief Magistrate and the Magistrates.”

The creation of the position of Lord Chancellor under Clause 83B of the Constitution of Tonga (as

amended) notes the role of the Lord Chancellor as follows:

“83B The Lord Chancellor

(1) The King in Privy Council, after receiving advice from the Judicial Appointments and

Discipline Panel, shall appoint a Lord Chancellor who shall have primary responsibility for –

(a) the administration of the courts;

(b) all matters related to the Judiciary and its independence;

(d) such related matters as are specified in this Constitution or any other Act.

(2) The Lord Chancellor shall, unless otherwise provided by law, have complete discretion to

exercise his functions, powers and duties, independently without any interference whatsoever from

any person or authority.

(3) The Lord Chancellor may, with the consent of the King in Privy Council, make regulations

for the following purposes –

(a) to establish an age at which the Attorney General, a Judge, a Magistrate and the Lord

Chancellor shall retire from office;

(b) to regulate a judicial pension scheme;

Chancellor.

(4) The Lord Chancellor shall be a person who is qualified to be a Judge of the Supreme Court

and he shall, subject to any contractual arrangements, hold office during good behaviour.

(5) The King in Privy Council, after receiving advice from the Judicial Appointments and

Discipline Panel, shall determine the terms of appointment of the Lord Chancellor, and shall have

the power to dismiss him.”

Furthermore, under Clause 83C is the establishment of the Judicial Appointments and Discipline

Panel (JADP) with their functions which is quoted as follows:

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“83C Judicial Appointments and Discipline Panel

(1) There is hereby established, as a Committee of the Privy Council, a Judicial

Appointments and Discipline Panel comprising –

(a) the Lord Chancellor, who shall be the Chairman;

(b) the Lord Chief Justice;

(d) the Law Lords, being such persons versed in the law as the King from time

to time shall so appoint.

(2) The Judicial Appointments and Discipline Panel shall recommend to the King in

Privy Council –

(a) the appointment of eminently qualified persons to the Judiciary, and as

Lord Chancellor and to any other office that the King requires;

(b) the disciplining of members of the Judiciary;

misconduct or repeated breaches of the Code of Judicial Conduct;

(d) the remuneration and terms of service of members of the Judiciary;

(e) a Judicial Pensions Scheme;

(f) a Code of Judicial Conduct; and

(g) the appointment of assessors to the Panel of Land Court Assessors.”

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ANNUAL REPORT OF THE

SUPERIOR COURTS OF TONGA

2012 - 2013

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Table of Contents

REPORT OF THE SUPERIOR COURTS of tonga

1.1. INTRODUCTION

1.2. STAFF OF THE SUPERIOR COURTS

1.3. TECHNOLOGY SERVICES

1.4. LIBRARY & INFORMATION SERVICES

1.4.1. LIBRARY

1.4.2. TONGA LAW REPORTS

1.4.3. PACLII

1.4.4. ARCHIVE

Court of Appeal of Tonga

2.1. CLEARANCE RATE

2.2. OVERTURN RATE ON APPEAL

Supreme Court of Tonga

3.1. CRIMINAL DIVISION

3.2. CRIMINAL DIVISION APPEALS

3.3. PERCENTAGE OF CRIMINAL APPEALS

3.4. CIVIL DIVISION

3.5. CIVIL DIVISION APPEALS

3.6. PERCENTAGE OF CIVIL APPEALS

3.7. FAMILY DIVISION

3.8. SUPREME COURT ON CIRCUIT

Land Court

Probate & Administration

Adoption & Legal Guardianship

Lawyers Licenses issued

Pacific Judicial Development Programme (PJDP)

8.1 TRAINING

8.2

ANNUAL REPORT ASSISTANCE

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1. REPORT OF THE SUPERIOR COURTS of tonga

1.1.

Introduction

This report is for the periodcommencing 1 July 2012 to 30 June 2013. It covers the work of

the Court of Appeal, the Supreme Court and the Land Court.

The superior courts continue to administer their workload in an efficient and timely fashion,

despite the significant difficulty caused by a shortage of support staff due to the inability to

replace outgoing registry staff.

The work of the Registrar-General‟s Department was formally reallocated in early 2012

following the separation of the Registrar-General‟s duties from that of the Lord Chief

Justice, to allow for appeals of the Registrar-General to be effectively and independently

heard by the courts. The work of the Registrar-General‟s Department is covered elsewhere

in the Annual Report. The Hon. Minister for Justice is the acting Registrar-General.

1.2.

Staff of the Superior Courts

Lord Chief Justice

Mr. Michael D. Scott

Judge

Mr. Charles B. Cato

Judge

Vacant

Acting Chief Registrar

Mr. Frederick Tuita

Acting Assistant Registrar

Mrs. Hortensie Ngalu

Assistant Registrar

Mr. Reimen Hii, Australian Volunteer for

International Development (AVID)

Acting Personal Assistant to Chief

Justice

Mrs. Nehusita Tu‟uholoaki

Assistant Court Interpreter

Mr. Viliami Fotu

Assistant Court Interpreter

Miss. SaloteKoloamatangi (study leave)

Assistant Court Interpreter

Ms. „Elenoa Salt

Assistant Court Interpreter

Mr. Seniloli Inoke (January 2013 to March

2013)

Clerk Class III

Mr. Sylvester David Tu‟iono

Clerk Class III

Miss. Salote Veikune

Clerk Class III (Daily Pay)

Miss. Caroline Palu

Computer Operator Grade II

Vacant

Computer Operator Grade II

Vacant

Clerk Class III

Mrs. „Ana Vainikolo

Clerk Class III

Mrs. Mele Kulikefu

Computer Assistant

Miss. Fololeni N Hufanga

Computer Assistant

Mrs. Tu‟ilomolomaLausi‟i

Cleaner

Mr.MasunguKafoa

The reporting period saw significant fluctuation in staffing levels due to the ongoing budget

issues experienced by the Ministry. Following the separation and transfer of Chief Registrar

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Pahulu to the Registrar-General‟s Department, Registrar Frederick Tuita was made Acting

Chief Registrar, while Assistant Court Interpreter Mrs. Hortensie Ngalu was made acting

Assistant Registrar. They were joined in May 2013 by Mr. Reimen Hii, an Australian

Volunteer for International Development (AVID), whois assisting the Chief Justice and the

registrars with a number of projects including the administration of the court and registries.

Assistant Court Interpreter, Miss Salote Kolomotangi, remained on study leave the entire

reporting period while she pursued her legal studies through the University of the South

Pacific. Mr. Seniloli Inoke, a returned scholar was retained as an Assistant Court Interpreter

for three months while Mrs. „Elenoa Salt was on maternity leave. Computer Assistant/Case

Management System Officer, Mrs. Lomoloma Piei, resigned from her position to pursue

employment opportunities abroad in New Zealand. We wish Lomoloma well in her future

career.The average number of cases per staff member for the Supreme Court of Tonga in

2013 was 65.

1.3.

Technology Services

The Registry is grateful for funding received from the New Zealand High Commission in

Tonga for the purchase of two digital conference recording systems which have been

installed in the Courts. Additional funding is being sought for the purchase of 2 more

systems for use on circuit and in the third Supreme Court courtroom.

The court is currently in the process of designing a website which will host information

about the court, its services, and fees.The website will provide a weekly court list of

scheduled hearings.

1.4.

Library & Information Services

1.4.1. Library

The Supreme Court library continues to lack a trained librarian, following the transfer of the

officer to the Bailiff Division in 2010. The library is currently being administered and

organised by Lord Chief Justice, assisted by the registrar and assistant registrars. A proposal

has been advanced for the recruitment of a part-time librarian to be shared between Crown

Law and the Supreme Court.

1.4.2. Tonga Law Reports

The latest compiled Tonga Law Report is for 2010. Work has commenced to compile the relevant judgments for

2011 and 2012 for dispatch to New Zealand where the reports will be edited and prepared.

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1.4.3. PacLII

The transfer of judgments to PacLII resumed in June 2013, with monthly emails being sent

to PacLII attaching reportable decisions. Currently there are 1707 judgments available on

PacLII which includes 55 uploaded during this reporting period.

1.4.4. Archive

Registry staff have reorganised the court‟s archives which are now in a satisfactory

condition.There has however been a lack of progress in setting up a separate Archive Unit

for the combined Courts‟, Registrar-General‟s Departments, and Vital Statistics Division‟s

old files. With no available financial and human resources, all plans for the creation of such

unit have been placed on hold until such time as funding may be found.

2. Court of Appeal of Tonga

The Chief Justice is the President of the Court of Appeal. The other members of the court

in the reporting period were the Hon. Mr Justice Peter Salmon (Vice-President), the Hon.

Mr Justice Michael Moore, the Hon. Mr Justice Kenneth Handley, and the Rt. Hon. Justice

Sir Peter Blanchard, who sat for the first time in the 2013 April session.

The Court of Appeal aims to hold two sessions each calendar year. The court‟s second

sitting for 2012 was held from 2ndto 12th October2012; the first sitting of 2013 was held on

8thto 19th April 2013.

The Court of Appeal continues to experiences great difficulty and delay in processing its

cases due to the limited support staff available to administer its registry and prepare appeal

papers. Staff members from other Supreme Court sections, particularly the overburdened

translation unit, are drawn on to complete transcription and work.

The average number of cases per Judicial Officer for the Court of Appeal Tonga in 2013 was

2.1. Clearance Rate

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The following table is a breakdown of the cases that were decided by the Court of Appeal in

the reporting year. As the chart illustrates, there were 20 cases filed in the Court and a total

of 12 cases disposed of in the reporting year resulting in a disposal rate of 60%. There are

currently 8 cases pending on the list.

Reporting

Year

Total

Filings

Cases

Disposed

Pending

Disposal

Rate in

(%)

July 2012

– June

2013

60%

Of the 20 cases filed in the Tonga Court of Appeal in the reporting period 9 cases were

dismissed while 3 were allowed.

2.2. Overturn Rate on Appeal

The following chart illustrates that in 2013, of the 12 cases appealed only 3 were successful

resulting in a 25% success rate on appeal.

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3. Supreme Court of Tonga

Following the departure of the Hon. Justice Shuster in May 2012, the Supreme Court was

composed of the Hon. Lord Chief Justice Michael Scott, and the Hon. Justice Charles Cato.

By internal agreement, the Chief Justice deals with the bulk of the civil, family and land

disputes, while the Hon. Justice Cato hears the majority of criminal matters. Both judges

travel on circuit to the outer islands to hear all cases filed in those areas.

Despite the present workable arrangement, the court remains in desperate need of a third

judicial officer to assist in the growing number of disputes filed in the superior courts. It is

hoped that funding for a third judge will be found and an appointment may be made soon.

The average number of cases per Judicial Officer for the Supreme Court of Tonga in 2013

was 624.5.

3.1. Criminal Division

A summary of the work carried out by the Criminal Division of the Supreme Court of

Tonga for the period of July 1st 2012 to June 30th 2013 is as follows:

The graph above shows that there were a total of 157 criminal cases filed and 187 cases

disposed of in the reporting period resulting in a clearance rate of 119%. This means that the

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criminal jurisdiction of the Supreme Court of Tonga disposed of more cases than those filed

thereby reducing the pending cases list from 151 in 2012 to 121 cases in 2013.

3.2. Criminal Division Appeals

There were a total of 8 criminal appeal cases from the Magistrates Court filed in the 2013

reporting period with 11 cases being heard and finalised resulting in a clearance rate of 137%

thereby reducing the pending cases list from 11 in 2012 to 8 in 2013.

3.3. Percentage of Criminal Appeals

Of the 157 criminal cases filed in the reporting year, a total of 8 criminal appeals to the

Court of Appeal were filed resulting in a 5% appeal rate of criminal cases. See below:

3.4. Civil Division

Series1, Cases

appealed, 5%,

Series1, Cases

not appealed,

95%, 95%

Percentage of criminal cases appealed to Court of

Appeal (2012-2013)

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In the Civil Division of the Supreme Court of Tonga, there were a total of 96 civil cases filed

and 289 cases(154 which were classified dormant)1, disposed of resulting in a clearance rate

of 301%. The pending cases list has subsequently reduced from 289 in 2012 to a total of 96

cases in 2013.

3.5. Civil Division Appeals

There were a total of 16 civil appeal cases filed from the Magistrates Court in the reporting

period with 18 cases being disposed of resulting in a clearance rate of 112%. In 2012 there

were 16 were cases pending which has reduced to 14 cases still pending in 2013.

3.6. Percentage of Civil Appeals

Of the 96 civil cases filed in the reporting year, a total of 9 civil appeals were filed to the

Court of Appeal resulting in a 9% appeal rate of civil cases. See below:

1Pursuant to Practice Direction 2 of 2012 (Reclassification of Dormant Proceedings), cases in which no step had been taken in over 12 months

from the 30 June 2013 were marked “Dormant – disposed of” and archived for storage pending eventual destruction in accordance with

established procedures. These files are not struck out, and may be reactivated upon application. An audit is to be carried out at the end of each

reporting period, to ensure matters are not simply lost in the system.

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3.7. Family Division

In the Divorce Division of the Supreme Court of Tonga, there were a total of 149 divorces

cases filed in the reporting period, with a total of 163 cases disposed of resulting in a

clearance rate of 109%.The pending cases list has therefore reduced from 101 cases in 2012

to a total of 87 cases still pending disposal.

3.8. Supreme Court on circuit

During the reporting period, the Supreme Court travelled twice on circuit to the Vava‟u

island group, once in October 2012 and again in April 2013.

While on circuit, the court heard 9 criminal cases, of which 7 were finalised and 2 were

adjourned to the next circuit court dates. The court also heard and ruled in 1 civil case, and 1

Series1, Cases

appealed,

9%, 9%

Series1, Cases

not appealed,

91%, 91%

Percentage of civil cases appealed to Court of

Appeal (2012-2013)

Cases appealed

Cases not appealed

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land case. The court heard and finalised 3 adoption applications, and 11 divorce applications

which were filed in the period.

4. Land Court

All Land matters in this reporting year were dealt with by the Lord Chief Justice, President

of the Court, assisted where required by a Land Court Assessor under the Land Act.

In 2013, there were a total of 27 land cases filed with 77 cases being disposed of2 in the

reporting period resulting in a clearance rate of 285% meaning that the court is disposing of

more cases per year than those filed. This had the net effect of reducing the pending cases

list from 70 in 2012 to a total of 20 in 2013.

5. Probate & Administration

Applications for Probate and Letters of Administration increased during the reporting

period thoughthe majority of the cases were also finalized during the same period.

YEAR

TOTAL

FILINGS

CASES

DISPOSED OF

PENDING

CASES

DISPOSAL

RATE IN

PERCENTAGE

July 2012 – June

2013

77%

Nine cases were marked “dormant – disposed of” as perPractice Direction 2 of 2012 (Reclassification of Dormant Proceedings). See footnote 1

above for further information.

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6. Adoption & Legal Guardianship

Applications for Adoptionsand Legal Guardianship also increased during the reporting

period. The majority of these cases are still pending as they await a report on the children to

be filed by the Guardian Ad Litem before the court can make an informed decision.

YEAR

TOTAL

FILINGS

CASES

DISPOSED OF

PENDING

cases

DISPOSAL RATE

PERCENTAGE

July 2012 –

June 2013

140

29%

7. Lawyers Licenses issued

The following table illustrates the number of licenses issued during the reporting period.

Year

No. of

License

issued

Senior

Counsels

Fully

Qualified

Locally

Qualified

Unqualified

2012

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2011

2010

8. Pacific Judicial Development Programme (PJDP)

8.1 Training

As indicated in the last annual report,3 the Pacific Judicial Development Programme (PJDP)

continues to be the major provider of training and capacity building initiatives for the

Tongan judicial system. The Tongan Judiciary is most grateful to the New Zealand and

Australian governments for the continuing assistance provided through the PJDP.

The PJDP is currently focused on building the skills and competency of the judiciary of the

various Pacific nations. They have been responsible for funding 3 training workshops in

Tonga during the reporting period. These workshops were:

1. The Magistrates‟ Sentencing Workshop, held on 13 to 15 October 2012 at the Loumaile

Lodge, Nuku‟alofa;

2. The Bailiff Officers‟ workshop, held on 6 to 9 December 2012, at the Bailiff Office in

Nuku‟alofa; and

3. A training workshop on computer and online research methods for magistrates and court

officers, held on 16 to 19 December 2012 in Nuku‟alofa.

Each workshop was designed and conducted in Tonga by local staff with the assistance and

funding provided by the PJDP. Regionally, courtstaff have participated in the following

capacity building activities:

1. On 3 to 7 December 2012, 2012 the PJDP held a Lay Orientation Training Workshop at

Port Vila, Vanuatu. Tonga sent two delegates to the regional workshop - Sateki Afu and

Hotensie Ngalu.

2. On 9 to 15 March 2013, Principal Magistrate Salesi Mafi, Tonga‟s national coordinator for

the PJDP, attended the PJDP‟s National Coordinators Workshop in Auckland, New

Zealand.

Following the Coordinators‟ workshop, on 16 to 19 March 2013, the Lord Chief Justice

Michael Scott attended the Chief Justices‟ workshop which was also held in Auckland, New

Zealand.

8.2 Annual Report assistance

The PJDP has identified the compilation of annual court reports as an area which it will

monitor and provide assistance to member countries in an effort to improve systems and

processes in the region.

3 Annual Report of the Ministry of Justice, 2011

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The PJDP has provided the courts in Tonga with a toolkit and assistance to present its

annual report in a manner which is relevant and easy to follow and understand. The toolkit

highlights 15 indicators4 which were identified and agreed upon at an annual meeting of

Pacific Island Chief Justices‟ held in 2009 in the Cook Islands.

These respective indicatorsare:

Case management issues

Indicator 1: Case finalization or clearance rate

ii.

Indicator 2: Average duration of cases from filing to finalization

iii.

Indicator 3: The percentage of appeals

iv.

Indicator 4: Overturn rate on appeal

Affordability and accessibility for court clients

Indicator 5: Percentage of cases that are granted a court fee waiver

vi.

Indicator 6: Percentage of cases disposed through a circuit court

vii.

Indicator 7: Percentage of cases where a party receives legal aid

Published procedures for handling feedbacks and complaints

viii.

Indicator 8: Documented process for receiving and processing a complaint that is publicly available.

ix.

Indicator 9: Percentage of complains received concerning a judicial officer.

Indicator 10: percentage of complains received concerning a court staff member.

Human resources

xi.

Indicator 11: Average number of cases per judicial officer

xii.

Indicator 12: Average number of cases per member of court staff

Transparency

xiii.

Indicator 13: Court produces or contributes to an Annual Report that is publicly available.

xiv.

Indicator 14: Information on court services is publicly available.

xv.

Indicator 15: Court publishes judgments on the internet (own website or PacLII).

Overall, the annual reports produced by Tonga are of a high quality with significant amounts

of information being made publicly available.

The PJDP 2012 Court Trend Report notes that Tonga‟s report lacks 6 out of the 15

indicators: 2 (average duration of a case); 5, 6 & 7, (affordability and accessibility for court

clients); 8 (documented process for receiving and processing a complaint that is publicly

available); and 14 (information on court services is publicly available). The following

provides further information in relation to these indicators:

Indicator 2 - Average Duration of a Case - All cases which are disposed of or finalized are

now reviewed and the total number of days between filing and disposal are calculated for

future reporting. In May 2014, the court began exploring processes to accurately capture the

number of days a between when a matter is first filed, and given a hearing date. The court

4 The performance of each of the 14 PJDP participating countries viz-a-vis the 15 indicators is available on page 13 and 14 of the PJDP’s 2012

Court Trend Report.

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aims to publish the data relating to the average duration of a case data in the next annual

report in 2014.

Indicator 5 - court fee waiver - Court fees in Tonga are set by an Act of parliament and there

is no express provision for waiver of fees. Nevertheless, the Lord Chief Justice may from

time to time waive the court fee for indigent litigants.

Indicator 7 - Percentage of cases where a party receives legal aid - Tonga does not have a

formal legal aid scheme although it is not uncommon for many court users to be represented

by lawyers on a pro bono basis. In the Legal Aid Bill 2012 whichwas submitted to parliament

for debate in 2012 there is provision for a formal legal aid scheme. At the time of writing the

Bill had still not been passed by Parliament.

Indicator 8 - Complaint Handling and Feedback - There has always been an informal

complaint and feedback policy in the Courts in Tonga. The Assistant Registrar, Reimen Hii,

has drafted a formal notice of the procedure which has been circulated and made publicly

available to court users and the legal profession. The Complaint Handling and Feedback

process is as follows:

There

were no

The Courts of Tonga are committed to providing efficient and courteous service to all

users. In an effort to improve and maintain our standards, the Courts wish to clarify the

following procedure for making a complaint.

If you have a complaint about the way one of our registry staff has handled your matter,

then you may ask for an explanation from that officer. If you are not satisfied you may

then write to, or ask to see the Registrar.

If you have a complaint about the way the Registrar has handled your matter, or

If you have a complaint about the way a magistrate has handled your matter, you may

send your complaint in writing to:

The Chief Justice,

c/o the Supreme Court Nuku’alofa.

If you have a complaint about a judge or the Chief Justice then you should send your

written complaint to:

The Secretary, Judicial Appointments and Discipline Panel

c/o Supreme Court, Nuku’alofa

Any queries concerning this complaints procedure may be sent in writing to the Registrar,

Supreme Court, Nuku’alofa.

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complaints received during the reporting period in relation to judicial officers or court staff.

Indicator 14 - Transparency and Court Services Information - Work is currently being done

to ensure that the public is made aware of the services provided by the Court such as

through posting the information notices in government offices, and through community

engagement initiatives such as radio announcements, school visits, and open days.

The courts are looking into re-establishing a website where information can also be found

about the courts‟ services. Currently only the 2011 annual report is available online at

PacLII‟s website, though copies are available at the registry for members of the public to

peruse. It is hoped that a copy of annual report will also be made available on the court‟s

website.

3. MAGISTRATES COURTS

3.a

Tongatapu Courts

3.a1 Criminal Cases

At the beginning of 2013, there were 225 pending criminal cases pending from 2012. A total of

3424 cases were filed in the first half of the year, bringing the total number of criminal cases to

3649. Table 3.1a below details the number of cases disposed of in the said period.

Table 3.a1 :

Criminal Cases for the Period 1st July 2012 – 30th June, 2013.

Of the disposed cases disposed, the highest proportion points to the convicted cases (1845),

the withdrawn / struck out follows with 1086. Some other cases that were executed and

presented committed to the Supreme Court came third (339). The acquitted cases record the

least percentage. Figure 3.a1 below illustrates the same.

a) No. of cases pending from previous years.

225

b) Total No. of cases filed.

3424

Total No of cases filed plus cases pending from previous

years.

3649

No. of cases disposed

Withdrawn/Struck Out

1086

Committed to Supreme Court

339

Acquitted

Convicted

1845

TOTAL

3341

Disposal

rate

92%

No. of pending cases

308

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Figure 3.a1 A bar graph showing the Criminal Cases for the Period 1st July 2012 – 30th

June, 2013.

Of these 3649 cases overall, a considerable percentage (92%) were was disposed of but

veryleaving only a negligible percentage of the remaining pending cases are yet to be heard.

3.a2 Civil Cases

The beginning of year 2013, records a remaining 92 pending civil cases from 2012. A total of

301 cases were filed in the first half of the year bringing the number of cases to be dealt with

to a total of 393. Table 3.a2 shows the details.

Table 3.a2 :

Civil Cases for the Period of 1st July 2012 – 30th June, 2013.

Of those 393 cases, 170 cases were disposed of in the following manner, 53 cases were

withdrawn or struck out, 65 cases were settled and 52 cases were convicted. Currently there

are 223 pending civil cases in the Magistrates Court. The graph below represents the same.

Figure 3.a2 A bar graph showing the Civil Cases for the Period of 1st July 2012 – 30th

June, 2013.

1000

2000

3000

4000

Total Filing

Case Disposed of

Pending

Criminal Cases

a) No. of cases pending from previous years.

b) Total No. of cases filed.

301

Total No of cases filed plus cases pending from previous years.

393

No. of cases disposed

Withdrawn/Struck Out

Committed to Supreme Court

Settlement

Convicted

TOTAL

170

Disposal

rate

43%

No. of pending cases

223

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Figure 3.a2 above illustrates that only 43 % of the civil cases were disposed of, slightly less than

a half of the total filing cases filed. The remaining 53% of pending cases are just slightly higher

than the disposal rate.

3.a3 Traffic Cases

There were 1073 pending traffic cases from 2012, at the beginning of year 2013. A total of 6871

cases were filed in the first half of the year bringing the total number of traffic cases to 7944.

Table 3.a3 is illustrative on the details.

Table 3.a3: Traffic Cases for the Period of 1st July 2012 – 30th June, 2013.

From a total ofthe 7944 cases 7614 in total, they were disposed of in the following manner:

4376 cases were withdrawn or struck out, 19 cases were committed to the Supreme Court, 19

cases were acquitted and 3200 cases were convicted.

100

200

300

400

500

Total Filing

Case Disposed of

Pending

Civil Cases

a) No. of cases pending from 2012.

1073

b) Total No. of cases filed.

6871

Total No of cases filed plus cases pending from previous

years.

7944

No. of cases

disposed of

Withdrawn/Struck Out

4376

Committed to Supreme Court

Acquitted

Convicted

3200

TOTAL

7614

Disposal

rate

96%

No. of pending cases

330

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Figure 3.a3: A bar graph showing the Traffic Cases for the Period 1st July 2012 – 30th June,

2013.

The total percentage of disposed cases is recorded to be 96%. Currently the pending traffic

cases in the Magistrates Court is are considerably minimal.

3.b Ha’apai Courts

3.b1 Criminal Cases

Three (3) pending criminal cases were passed on from the previous year. A total of 111

cases were filed in the first half of the year bringing the number of cases to be dealt with to a

total of 114. This is displayed in Table 3.b1.

Table 3.b1 : Criminal Cases for the Period of 1 July 2012 – 30th June, 2013

Figure 3.b1: A bar graph showing the Criminal Cases for the Period 1 July 2012 – 30th

June, 2013

2000

4000

6000

8000

10000

Total Filing

Case Disposed of

Pending

Traffic Cases

a) No. of cases pending from 2012.

b) Total No. of cases filed.

111

Total No of cases filed plus cases pending from previous years.

121

No. of cases

disposed of

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

TOTAL

117

Disposal

rate

97%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Of those 121 cases 117 cases (97% of the total cases) were disposed of i.e. 30 cases were

withdrawn or struck out, 2 cases were committed to the Supreme Court and 84 cases were

convicted, and 1 case acquitted. Currently there are 4 pending civil cases in the Magistrates

Court.

3.b2: Civil Cases

There were was only 1 in total, of pending civil cases pending from the 2012. Fifteen (15) cases

were filed during the first half of 2013, bringing the total number of civil cases to 16. This is

demonstrated in Table 3.b2 below:

Table 3.b2: Civil Cases for the Period of 1st July 2012 – 30th June, 2013.

Of those 17 16 cases, 10 cases were disposed of . Three , ( 3)Two (2) cases were

withdrawn/struck out, 7 cases were convicted. Currently there are 7 cases pending in the

Magistrate Court.

100

120

140

Total Filing

Case Disposed of

Pending

Criminal Cases

a) No. of cases pending from 2012.

b) Total No. of cases filed.

Total No of cases filed plus cases pending from previous years.

No. of cases disposed

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

TOTAL

Disposal

rate

56%

No. of pending cases

Page 26

July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Figure 3.b2 A bar graph showing the Civil Cases for the Period 1st July 2012 – 30th June,

2013.

3.b3 Traffic Cases

There were 3 total traffic cases pending from the previous year, 158 new cases were filed in

the reporting year bringing the total number of Traffic cases to 161 cases to be dealt with.

Table 3.b3 below shows this.

Table 3.b3: Traffic Cases for the Period of 1 July 2012 – 30th June, 2013

Figure 3.b3: A bar graph showing the Traffic Cases for the Period of 1 July 2012 – 30th

June, 2013

Total Filing

Case Disposed of

Pending

Civil Cases

a) No. of cases pending from 2012.

b) Total No. of cases filed.

158

Total No of cases filed plus cases pending from previous years.

161

No. of cases

disposed of

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

TOTAL

121

Disposal

rate

75%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

3.c Vava’u Courts

3.c1 Criminal Cases

There were 523 totalwas a total of 523 criminal cases filed in the reporting year with 22 cases

pending cases from the previous years. Table 3.c1 shows this.

Table 3.c1:

Criminal Cases for the Period of 1st July 2012 – 30th June, 2013

The total number of filed cases for the reporting period is 503, with the 22 pending cases this

brings the total to 523. . A total then of 442A total of 464 cases were able to be dealt with in

Court which accounted for 8789% of the disposal rate.

Figure 3.c1: A bar graph showing the Criminal Cases for the Period 1st July 2012 – 30th June,

2013

100

120

140

160

180

Total New Cases filed +

Case Pending from

Previous years

Case Disposed of

Pending

Traffic Cases

a) No. of cases pending from previous years.

b) Total No. of cases filed.

503

Total No of cases filed plus cases pending from previous years.

523

No. of cases

disposed of

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

374

TOTAL

464

Disposal

rate

89%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

For 2012 the overall disposal rate for Criminal Cases (pending cases from 2012 plus new

filing 2013) in Vava’u is 8789%.

3.c2 Civil Cases

From 2012, six (6) pending cases were carried on to the new year, 2013. An overall number of

46 cases were filed in the first half of the year, bringing the total to 52 cases altogether. This is

tabulated below.

Table 3.c2 :

Civil Cases for the Period of 1st July 2012 – 30th June, 2013

From the total number of cases that were filed, 32 were dealt with in Court which accounts

toaccounting for 65% of the disposal rate. The remaining percentage (35%) are the pending

cases. .

Figure 3.c2 : A bar graph showing the Civil Cases for the Period 1st July 2012 – 30th June,

2013

100

200

300

400

500

600

Total New Cases filed +

Case Pending from

Previous years

Case Disposed of

Pending

Criminal Cases

a) No. of cases pending from previous years.

b) Total No. of cases filed.

Total No of cases filed plus cases pending from previous

years.

No. of cases

disposed of

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

TOTAL

Disposal

rate

62%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

3.c3 Traffic Cases

The total number of cases that were filed totalled to 649. There is no record of any pending cases

that were inherited from the previous year. This is indicated in Table 3.c3.

Table 3.c3 :

Traffic Cases for the Period of 1st July 2012 – 30th June, 2013

Figure 3.c3: A bar graph showing the Traffic Cases for the Period 1st July 2012 – 30th June,

2013

Total New Cases filed +

Case Pending from

Previous years

Case Disposed of

Pending

Civil Cases

a) No. of cases pending from previous years.

b) Total No. of cases filed.

649

Total No of cases filed plus cases pending from previous years.

649

No. of cases

disposed of

Withdrawn/Struck Out

127

Committed to Supreme Court

Acquitted

Convicted

514

TOTAL

643

Disposal

rate

99%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

The record displays a very pleasing record in terms of the disposal rate of 99%.

3.d ‘Eua Court

3.d1 Criminal / Traffic Cases

Of the number of filed cases of 84, an additional 27 pending cases from the previous year

increased the total number of cases to One hundred and Eleven (111). These figures are shown in

Table 3.d1.

Table 3.d1

Criminal / Traffic Cases for the Period 1st July 2012 – 30th June, 2013

Figure 3.d1: A bar graph showing the Criminal Cases for the Period of 1st July 2012 – 30th

June, 2013

100

200

300

400

500

600

700

Total New Cases filed +

Case Pending from Previous

years

Case Disposed of

Pending

Traffic Cases

a) No. of cases pending from previous years.

b) Total No. of cases filed.

Total No of cases filed plus cases pending from previous years.

111

No. of cases

disposed of

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

TOTAL

Disposal

rate

78%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Of the total 111 filed cases111 cases which were filed, only 87 were able to be disposed of, justifying

the 78%. The remaining 22%,% were are still pending.

3.d2 Civil Cases

There were a total of only 14 cases that were filed with no pending cases from 2012 inclusive..

Table 3.d2:

Civil Cases for the Period of 1st July 2012-30th June, 2013

Figure 3.d2: A bar graph showing the Civil Cases for the Period of 1st July 2012-30th June,

2013

100

120

Total New Cases filed +

Case Pending from

Previous years

Total Case Disposed of

Pending

Criminal / Traffic Cases

a) No. of cases pending from 2012.

b) Total No. of cases filed.

Total No of cases filed plus cases pending from 2011.

No. of cases

disposed of

Withdrawn/Struck Out

Committed to Supreme Court

Acquitted

Convicted

TOTAL

Disposal

rate

92%

No. of pending cases

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

4. REGISTRAR GENERAL‟S OFFICE

4.a New Office

The Registrar General‟s Office (RGO) was re-established and revised under the Births, Deaths and

Marriages Registration (Amendment) Act 2012. The new office is independent of the Court and

comes directly under the Ministry of Justice with the Hon. Minister acting as the Registrar General

(RG).

On 1st December 2012, the RGO began operating at its new location within the Ministry of Justice

Building, corner of Lavinia Rd and Kausela Rd, Kolofo‟ou. Prior to this legislative amendment, the

post of Registrar General was held by the Lord Chief Justice. The separation of the office of

Registrar General from the Lord Chief Justice and the Supreme Court is a proposal that has been

advocated for many years on the grounds of efficiency and cost effectiveness. This proposal has

also received support from a recent diagnostic survey of the operations of the Supreme Court

Total New Cases filed + Case

Pending from Previous years

Case Disposed of

Pending

Civil Cases

Page 33

July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

registry conducted by an expert from the Federal Court of Australia funded by the Pacific Judicial

Development Programme in 2012.

4.b Composition and Functions

The new RGO comprises of the main Registry on Tongatapu and the five sub-registries in each of

the 5 island districts of Vava‟u, Ha‟apai, „Eua, Niutoputapu and Niuafo‟ou. In Tongatapu, six new

sub-registrars (2 on full-time basis) took on the responsibilities for Registrar General applications,

issuance of marriage licenses, liaison with stakeholders, conducting training programmes for Church

Ministers registered to solemnize marriages and handle enquiries from both local and overseas

customers. A support staff of two clerks assisted the sub-registrars. The Vital Statistics unit

continues to function with 7 staff members within the Registrar General Office framework. In the

other sub-registries the function of the sub-registrar was assumed by a resident Magistrate or

Governor or Government Representative as the case may be. Their appointed substitutes acted in

their absence and their respective clerks act as support staff for each sub-registry as before.

4.c

Registrar General Applications (RG App)

The statistics presented in Table 4.c below states the overall summary of cases (for all districts) that

were filed during the reporting period. “New” RG APP specifically refers to those applications filed

from 1st July 2012 to 30th June 2013.

Table4.c1:

Applications Filed from 1st July 2012 – 30th June 2013

No. Of New

Apps

No. Of new RG

Apps

Granted

No. Of new RG

apps

Refused/withdrawn

Average Rate of

Disposal

For new RG Apps

No. Of RG Apps

pending

1019

887

87%

131

Figure 4.c1 below demonstrates the number of new cases disposed as against the number of new

RG App filed between 1st July 2012 – 30th June 2013. By comparison, Figure 4.c2 is indicative of

how „inactive‟ cases are retained in the system. The overall pending cases are rolled over each year.

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

These “pending” cases – are actually cases where clients have taken no further action to complete

their applications after their submission to the RGO after a 6 month period or where applications

have been refused by the RGO due to an insufficient provision of evidence to substantiate the said

claim and the petitioners have not re-filed the said further evidence.

Figure 4.c1

Figure 4.c2

53%

47%

% of New Case Disposed

No. Of New RG Apps

No. Of New Rg Apps Granted

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

For the first time RGO applications have now been separated into RGO Apps (for all districts) by

subject matter which assists in identifying the impact of Court decisions on applications EG the R v

Schaumkel Case 2012, which is the reason for the marked rise in registration of foreign births

through Tongan mothers.

The Change of Name Rule 2011 is responsible for an increase in people seeking Name Registration

Certificates (either for change of name or inclusion of alias). Other relatively recent developments

such as the ability to hold dual citizenship, introduction of national Id and the new Retirement

Benefit Scheme have all contributed to influence current trends in Civil Registration.

For reporting purposes only, Table 4.d reveals statistics relating to various RG Apps for the period

1st July 2012 –30th June 2013.

Table 4.d :

Registrar General Applications , 1st July 2012 –30th June 2013

No.

Category

No.

Filed

No.

Granted

No.

Refused /

No.

Pending

No. Filed in

2010

87%

13%

No. cases Retained in the System

No. of New RG Apps

No. of cases retained in the

system

Page 36

July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Withdrawn

(for

comparison)

Late Registration of Births

259

233

207

Late Registration of Deaths

Late Registration of Marriages

Tongan Births Abroad

304

284

273

Tongan Deaths Abroad

Amendment of Particulars on

BDM certificates

Insertion of Father‟s name on

Birth Certificate

Legitimation

Registration of Illegitimate

Births by married women

separated from their legal

spouse

Filling in Missing Particulars

Leave to use photocopies in RG

Apps

Revocation of marriage

licenses

Name Registration Certificates

141

103

36 + 98*

Transfer from Non- Tongan

Nationality Register to Tongan

Nationality register

Cancellation of marriage

licences

Special license to marry

*Under the old Rule change of name was only with regard to one‟s surname and there were 36

applications filed. Inclusion of an alias was processed differently with “AKA” being recorded on

birth certificates and 98 applications were lodged for alias names to be included.

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July 2012 – Jun 2013 ANNUAL REPORT

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Previous categories which are no longer in existence now include addition of correct family

names/surnames which had 32 applications filed in 2010. Following the sinking of Princess Ashika,

2 applications were filed for abridgement of time to apply for registration of deaths. There were also

10 applications to dispense with certain standard documents required in other applications. The

statistics from 2010 is for comparison only and does not record whether approval was granted nor

whether the application was finalized.

It should also be noted that although single applications are recorded each may include several items

for registration. For example, a single application to register foreign births may have up to 8 subject

children whose births will be registered. The fee for such multiple items is calculated on a per child

basis.

There are other categories of RG APP but no applications were received for these in the reporting

year.

In general, the average disposal rate depends on the completeness of applications lodged. Where a

case is filed with defects or omissions the time taken to put a file in order is very much up to the

applicant. Without fixing a return date for all actions, delays will occur and cases are more than likely

to be abandoned, especially if applicants are domiciled abroad.

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

For reporting purposes, the Vital Statistics section of the Registrar General‟s Office, which records,

maintains, updates and issues true copies of birth, death and marriage certificates for the Kingdom

from 1 July 2012- 30 June 2013, notes the registrations for the said Financial Year in the diagram

below.

Table 4.e:

Vital Statistics 1 July, 2012- 30 June , 2013

BIRTHS

A. TONGAN

TONGATAPU

HA‟APAI

VAVA‟U

„EUA

NIUATOPUTAPU

NIUAFO‟OU

TOTAL

Total Registered

2155

344

(a) Legitimate

1855

305

Male

1049

150

Female

1106

155

(b) Illegitimate

300

Total

2155

344

TONGATAPU

HA‟APAI

VAVA‟U

„EUA

NIUATOPUTAPU

NIUAFO‟OU TOTAL

B. NON TONGAN

Total Registered

NB: The total number of Non Tongan births is excluded from the number of births in Tongatapu

(a) Legitimate

Male

Female

(b) Illegitimate

Page 39

July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Total

DEATHS

A. TONGAN

Total registered

364

Births Exceeded Deaths by

1791

271

MARRIAGES

A. TONGAN

Total registered

853

119

NATIONAL CIVIL REGISTRY FOR VITAL STATISTICS COMMITTEE (Vital

Statistics Committee)

The division of the Registrar General‟s Office from the Supreme Court provided an

opportune time to review the RGO‟s membership in the Vital Statistics Committee. The

Vital statistics working group was created in 1996 by senior officers of the Ministry of

Justice, Government Statistics Department, PMO and Ministry of Health.

The initiative was supported by UNFPA (United Nations Population Fund) to improve civil

registration in Tonga. The project activities were mainly community based and inter-

department coordination would contribute to the success of the project.

The Committee deals with the collection and coordination of all vital records (births and

deaths) that take place in Tonga and these statistics need to be timely and accurate and in

some instances (such as the RGO – it also requires the differentiation between those persons

born in Tonga who are deemed Tongan subjects and those who are not). These statistics

then form the basis of all population statistics and projections of “population growth” for

Government.

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

In May 2012 the Brisbane Accord Group (which includes SPC, University of Queensland

HIS Hub, UNFPA, WHO, UNICEF, PHIN, ABS and the Queensland University of

Technology) expressed their desire to work with Tonga under the Pacific Vital Statistics Plan

to support ongoing improvements in vital statistics and civil registration. A high-level

meeting between the key CRVS stakeholder agencies in Tonga and BAG partner

organisation representatives took place in December, 2012.

The meeting provided an opportunity for the Vital Statistics Committee to present relevant

health plans, information strategies, vital statistics plans, etc., and approach BAG for

development assistance (technical assistance, human resources, funding, etc.) to meet

specific needs as identified through these processes.

After this visit the BAG team (Karen Carter, Vital Statistics and Civil Registration Specialist,

SPC and Audrey Aumua, Technical Advisor, HIS Hub – University of Queensland),

reported that recent changes across government, including the restructure of the Ministry of

Justice, the introduction of a national identification system (Lord Privy Seal‟s office) and the

shifting oversight for town and district officers to a new ministry (Ministry of Internal

Affairs) have substantially changed the landscape in which civil and vital registration is

undertaken in Tonga. They recommended that the Committee should review its role and

functions, including the membership and the way forward

The review by the Tongan Vital Statistics Committee of the terms of reference, membership

and functions of the VSC (Tonga) was undertaken at a meeting held in Nadi, Fiji, (June,

2013) in conjunction with other similar national organisations throughout the Pacific.

National Vital Statistics Groups for the Pacific were aided in this exercise by (SPC,

University of Queensland HIS Hub, UNFPA, WHO, UNICEF, PHIN, ABS).

The Tonga team identified that its “Outcome Objective” falls in line with the Outcome

Objective 8 of the TSDF “Better Governance by adherence to the principles of good

governance, accountability, transparency and rule of law. It was identified in the current

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Budget statement for 2012/13 that Government was committed to reviewing structure and

operations on a National Statistics Bureau to improve its operations and to enhance

cooperation within Government and other stakeholders for improved data collection for

better analysis and policy formulation.

Problematic areas that require resolution in the future were identified as follows:

• That the relevant Ministries (Justice and Health) both need to address urgently issues

relating to “confidentiality of personal data information” in relevant legislation – Health

have a policy in operation relating to the issuance of death and birth certificates but this

is not reflected in the legislation;

• That there is duplication of “forms” and procedures (Justice and Health) in relation to

the collection of data on “live births” at the hospital; That this process expands on the

margin of error that can occur in data collection – that with proper coordination, this

duplication can be avoided and the process streamlined;

• That the RGO has inadequate registration of death records – there are approximately

60,000 death registrations (dating back to the beginning of the RGO records in 1874).

The reason is that people only register deaths when there is a requirement for a death

certificate eg in inheritance matters of land and personal property (Probate and

Administration). The RGO requires all death records in order to reconcile these with

birth records and to assist the Electoral Commission in updating their Electoral Roles (as

well as the National Identity Card scheme). The Ministry of Health have agreed to assist

the Ministry in supplying a copy of their data records on death for the Justice data

system.

As a result of the exercise undertaken above, the Tongan VSC re-constituted its membership

and expanded it to include other Ministries/Departments that collect or depend on relevant

vital data records. The said Committee retains its usual membership but also now includes

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

representatives from the Ministry of Internal Affairs (the collection of reports from Town

and District Officers), the Lord Privy Seal‟s Office (the issuance of National ID Cards), the

Electoral Commission (the Electoral Role) and the Ministry of Foreign Affairs (Tongan

Passport Section).

A first meeting of this group took on Friday 21 June, 2013 at the Ministry of Justice to see

whether the other members who have been identified as relevant to the Committee are

interested in participating and also to see how the Committee may expand the committee

mandate to include any of the new memberships‟ “data needs”.

The chair of the current working group is the Ministry of Justice and the secretariat is also

held by this Ministry. The Ministry will be progressing the matters raised above in the

coming year.

DIGITIZATION PROJECT FUNDED BY COMMONWEALTH SECRETARIAT

(Registrar General‟s Office, Ministry of Justice)

The purpose of the project is to strengthen the capacity and to safeguard historical data

(Births, Deaths and Marriages) stored at the Vital Statistics Office.

The reason the project is important to the Tongan People and to Government:

Birth certificates are required to get passports, prove Tongan nationality (eg for ownership

of land), applying for visas overseas, registering under the National ID scheme to be able to

vote in Tonga, to enrol in schools, applying for jobs;

Death Certificates are required for execution of wills – claiming land, accessing bank

accounts; claiming assets etc;

Marriage certificates are required as formal evidence that an applicant is married (eg for

passports, visas) and even if the applicant wishes to get a divorce.

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July 2012 – Jun 2013 ANNUAL REPORT

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The expected outcome of the project is that the Government of Tonga is enabled and able

to deliver more effective public centred services.

The RGO started to computerize its birth, death and marriage records in 2011 – so most

births that occurred in 2011 onwards are already stored on a written register and also on a

computer database.

However, the majority of registration records, pre-2011 are still stored on handwritten

registers. Many of those registers are in such a bad state that in a year or so, these records

will no longer exist. Tongan original Registers date back to 1874.

The Commonwealth Secretariat has been assisting the Registrar General‟s Office, as part of a

joint project with the Ministry to assist in the preservation of historical data for Births,

Deaths and Marriage records.

1) In 2010 (October/November), the Secretariat sent a consultant, Dr Allan Findlay – on a

scoping mission to the Kingdom to determine the terms of reference for the project. In

brief Dr Findlay reported that:

• the archives/registry – is in a very bad state. He noted that the Register books are not

stored properly, the Books are not properly catalogued. This is because there is no proper

filing/cataloguing system in place and there is no one with relevant skills to look after the

registry properly and train the staff to handle the books with care;

• The records that have been computerized eg from 2011 onwards do not match the

original records written in the A3 Register. This is due to lack of proper “auditing” of the

computer records.

• That some original records are lost and some are in such a bad state that if nothing is

done about it soon, the registers and the information contained there will no longer exist.

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July 2012 – Jun 2013 ANNUAL REPORT

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The digitization project concentrates on bullet point 3 above – ie trying to computerize the

records from the Register books that are in a very fragile state.

2) In July 2012 – Comsec sent an expert archivist/librarian to Tonga (Fiona Bolt).

From 1 July, 2012, until 30th June, Fiona Bolt has taught a 4 member team for the project

to:-

• Upload images to the registration database (using 2 methods a) data capture by photography

or b) by use of flat bed scanner;

• Digitize and index birth and death registers held in Tongatapu;

• Digitize and index marriage registers;

•

Digitize all registers held on Eua;

• Train the Digitization Team staff in the use of Excel;

• Audit and remove semi-current records from the archives

At the end of June 2013, a four member team of the digitization project were proficient to

apply the two digitization processes to other records sets in the future. Documentation for

training of future staff is in place to support this.

It was projected in June, 2013 that the Ministry was on course to remove the most-accessed

original records from daily use in the Vital Statistics Office before August 2013. In order to

achieve this goal, 2 additional staff were hired to assist in the project. Work was begun on

the reorganization of the archives room and the boxing of the registers. Both of these

measures will protect the historical records from further deterioration.

Access to the digital images should be available to all Vital Statistics staff from August, 2013.

This will improve the speed of service to the public in the Vital Statistics Office.

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July 2012 – Jun 2013 ANNUAL REPORT

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Several hundred incorrect or missing records have been amended or input to the registration

database as part of the upload process which will also improve standards of public service

and produce more reliable statistical data.

On 11 June, 2013, the Ministry‟s digitization team was pleased to participate in the Ministry

of Information and Communications planning of the first conference for Tonga to mark

International Archives Day on 11 June. The Digitization team made a presentation at the

said conference to demonstrate archival skills as well as to illustrate how digitization

processes protect valuable data for future generations. The aim was to raise awareness of the

need for archiving and digitization across Tonga for all its valuable data.

The Ministry is most grateful to the Commonwealth Secretariat for its assistance in this

project and its continued support of the Ministry as it strives to strengthen the capacity and

to safeguard historical data stored at the Vital Statistics Office

5. THE MINISTRY

5.a

The Ministry‟s Programme Structure

5.a1 Programme 1 -Leadership, Policy Advice and Programme Administration

To provide quality policy advice to government on the creation and amendment and

development of legislation. To provide administrative support services to all the courts in the

Kingdom (Court of Appeal, Supreme Court, Magistrates‟ Courts). To provide general

administrative and oversight services to independent bodies and integrity organisations which:-

enforce and implement free and fair elections (Electoral Commission), anti-corruption in

Government (Anti-Corruption Office), this has not as yet been established, impartial

intermediaries between the public and government (Public Relations Commission).

5.a2 Programme 2 - Judicial Services

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July 2012 – Jun 2013 ANNUAL REPORT

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To provide staff and administrative services which promote the effective and timely adjudication of

disputes and resolution of questions of law in Courts with appropriate jurisdiction.

5.a3 Programme 3 - Enforcement Services

To provide court services which ensure the effective implementation of court operational

procedures, and effective enforcement of Court judgments in all court decisions.

5.a5 Programme 4 - Civil Registration

To register, maintain and promote the provision of accurate vital statistics records and archiving of

births, deaths, marriages, changes of names, etc. in the Kingdom.

Table 5.a5: The Ministry‟s Programme Structure with the Respective Sub-programmes and

Activities

PROGRAMMES

SUB-PROGRAMMES

ACTIVITIES

1. Leadership, Policy Advice

and

Programme

Administration

1.1. Office of the Minister

1.2. Office of the Secretary

1.3 Programme Administration

1.4 Law Reform

1.1.2. Minister‟s Expenses

1.1.3. Minister‟s Support Services

1.2.1. Secretary‟s Expenses

1.2.2. Secretary‟s Support Services

1.3.1. Administration Support

Services

1.3.2. Accounts Services

1.4.1 Law Reform Committee

Services

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

1.4.2 Consolidation / Revision of

Laws of Tonga

2. Judicial Services

2.1

Judicial

Services

Management

2.2 Privy Council / Court of

Appeal

2.3 Supreme Court / Land

Court

2.4 Magistrates‟ Court

2.1.1 Fees and Fines

2.1.2 Direction and Management

2.2.1 Appeal Court Judges

2.3.1 Supreme Court Support

services

2.3.2 Court Circuits

2.3.3 Law Reports Production

2.4.1 Chief Magistrates‟ Support

services

2.4.2 Magistrates‟ Court

Administrative services

2.4.3 Magistrates‟ Court Circuits

3. Enforcement Services

3.1 Bailiff Services

3.2 Probation Services

3.1.1 Execution of Process

3.2.1 Community Services Order

4. Civil Registration

4.1 Births, Deaths and Marriages 4.1.1 Fees and Charges

4.1.2 Registration Services

4.1.3 Vital Statistics Committee

support

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July 2012 – Jun 2013 ANNUAL REPORT

Monday 24 Feb 2014

Hon. Minister of Justice

CEO/Secretary for Justice

Administration & Policy

Deputy Secretary –

Finance & Administration

Deputy Secretary -

HRM

Supreme Court’s

Reg.

Magistrate Court’s Reg.

Chief Registrar

Account

Bailiff

Probation