Political Reviews
michael lujan bevacqua, elizabeth (isa) ua ceallaigh bowman, zaldy dandan, monica c labriola, nic maclellan, tiara r na'puti, gonzaga puas
peter clegg, lorenz gonschor, margaret mutu, salote talagi, forrest wade young
187 political reviews • polynesia 249 www.ohchr.org/EN/HRBodies/UPR/Pages/ period, we’ve seen Niue’s application NZindex.aspx for membership in the Asian Develop- ———. 2019b. Report of the Working ment Bank (adb) accepted; an apol- Group on the Universal Periodic Review: ogy from Radio New Zealand (rnz) New Zealand. A/HRC/41/4. 1 April. for unsubstantiated allegations made https://documents-dds-ny.un.org/doc/ against Premier Sir Toke Talagi; oppo- UNDOC/GEN/G19/087/77/PDF/ sition to and court injunctions filed G1908777.pdf?OpenElement against government-funded projects; University of Waikato. 2019. Te and a member of Parliament (mp) who Wharehuia Milroy Remembered. 16 May. brought a packet of marijuana into https://www.waikato.ac.nz/news-opinion/ an assembly sitting. Throughout this media/2019/te-wharehuia-milroy period, the premier also spent signifi- -remembered cant time in New Zealand for medical Waitangi Tribunal. 2004. The Mōhaka care. Despite ill health, the premier ki Ahuriri Report, Wai 201. Wellington: was said to have still undertaken work Legislation Direct. https://forms.justice and carried out talks with prospective .govt.nz/search/Documents/WT/wt_DOC diplomatic and development partners. _68598011/Wai201.pdf Niue’s application to become a ———. 2019. Hauora: Report on Stage member of the adb was accepted, One of the Health Services and Outcomes which was a historical decision Kaupapa Inquiry. Wai 2575. Wellington: for the island, as it had unsuccess- Waitangi Tribunal. https://forms.justice fully applied twice before (bcn, 12 .govt.nz/search/Documents/WT/wt_DOC March 2019). This membership is _152801817/Hauora%20W.pdf also significant because it provides Welfare Expert Advisory Group. 2019. the island, the adb’s sixty-eighth Whakamana Tāngata: Restoring to Social member and the forty-ninth from the Security in New Zealand. Wellington: Asia-Pacific region, with an additional Welfare Expert Advisory Group. avenue of funding to help drive social http://www.weag.govt.nz/weag-report/ and economic development (bcn, whakamana-tangata/ 12 March 2019). Young, Nick. 2018. Celebrations as High It will be interesting to see just how Court Upholds Seabed Mining Appeal. the us$100,000 annual membership Press release, 28 August. https://www fee, which is quite high for a small .greenpeace.org/new-zealand/press-release/ state, will be fronted. The full cost celebrations-as-high-court-upholds-seabed and benefits of the membership will -mining-appeal/ be determined in the long run; how- ever, Niue will greatly benefit from the associated financial and techni- cal assistance, including assistance Niue with infrastructure development, It has been business as usual within financial management of the public Niue’s governance and politics, with sector and its projects, and capac- surprising events unfolding every now ity building. A focus on building the and then, providing exciting political management capacity of Niue would items to discuss. Within this review be an especially valuable use of this 250 the contemporary pacific • 32:1 (2020) adb membership, as, going forward, with Radio New Zealand. Later it was donors and partners will come and revealed that in fact none of this was go, but it would be most effective true and that there was no investiga- for Niue to learn how to manage its tion being undertaken. The premier own affairs with all stakeholders. The received an apology from Radio New Asian Development Bank Member- Zealand for the errors in their report- ship Act 2018 was passed by the Niue ing (rnz 2018a). Assembly, with the cabinet autho- Further pushing the premier into rized on behalf of Niue to carry out the media spotlight, there was con- a number of responsibilities, includ- troversy around a letter that was sent ing the borrowing, acquisition, and by New Zealand’s auditor-general repayment of funds on behalf of Niue to the premier with regard to Niue’s and the issuing of directives necessary “unexplained revenue shortfalls” to satisfy its obligations to the adb and “budget blowout” (Smith 2018). (Government of Niue 2018). A degree It was alleged that these concerns of comfort and reassurance was felt as emerged from an audit of 2015 the premier noted that the government records, in which there were financial will not be rushing to borrow funds discrepancies with a shortfall of and will only seek assistance if needed nz$820,000 and a budget blowout (bcn, 14 March 2019). of nz$1.2 million (nz$1 million = In November 2018, Radio New us$630,332). The auditor-general Zealand published an article alleging made recommendations for Niue that the New Zealand government, to commit extra resources to its tax specifically the Office of the Auditor- office as a preventive measure and for General, was investigating the Niue greater accountability. The premier premier’s shareholdings within Niue’s told local media that Niue had already state-owned enterprises; this article revamped its tax office with stronger has since been taken down. Questions financial systems and processes (rnz and allegations were first raised by 2018b). The auditor-general raised opposition mp and former High Com- further concerns about project man- missioner to New Zealand O’Love agement and the financial record keep- Jacobsen, who allegedly accused the ing for donor-funded projects. The premier of being the sole shareholder premier then hit back again, describ- of state-owned enterprises in Niue. ing the auditor-general’s work as This was driven in part by the fact “shoddy” and calling for an indepen- that the mp had received no answers dent assessment (rnz 2018b). in Parliament regarding the delay in Section 60 of the Niue Constitution a number of state-owned enterprises’ Act 1974 provides a mandate for the budgets being presented to Parlia- New Zealand Office of the Auditor- ment for scrutiny (bcn, 13 Dec 2018). General to audit at least once annu- The opposition mp had allegedly ally the Niue Government Account, asked numerous times in the assem- including all of the executive govern- bly why the budgets were late but ment’s public departments and offices never received a satisfactory answer. and public and statutory authorities’ Jacobsen then raised her concerns accounts and funds (Government political reviews • polynesia 251 of Niue 2006). The delay in audits perceived “strain” on Niue’s relation- undertaken and the failure to provide ship with New Zealand, although nei- financial statements for several years ther will say there is anything wrong. is unacceptable and raises questions The premier accusing New Zealand’s as to Niue’s accounting processes. auditor-general of not doing his job This further emphasizes the need for properly certainly reflects that Niue the Niue government to work closely is not afraid to reaffirm its position with the New Zealand Office of the as an equal partner of New Zealand. Auditor-General, especially as New As Niue has gained more diplomatic Zealand continues to provide finan- partners and joined more international cial administrative assistance to Niue. organizations, it has used its relations Allegations and name-calling will and the changing political landscape neither improve Niue’s accounting nor not only to leverage against demands resolve the backlog and related issues. from New Zealand but also to reassert In October 2018, the premier its position as a capable state. weighed in on comments made by In addition to all of this, observa- broadcaster Heather du Plessis-Allan, tions have shown that media com- who called the Pacific Islands and its mentaries about Niue’s politics and leaders “leeches” on New Zealand governance have all emanated from and questioned the amount of finan- media outlets in New Zealand, not cial assistance continuously provided Niue. This includes items from within to Pacific Island nations, who were the Niue Assembly, often raised by not deemed (by the broadcaster) to be opposition mps. The Broadcasting of any benefit for New Zealand (bsa Corporation of Niue (bcn) does not 2019). The premier called the com- appear to be presenting the same polit- ments “idiotic,” as du Plessis-Allan ical content as in previous years. In all singled out Niue, stating that the pen- of bcn’s news bulletins between July sion portability scheme that Niueans 2018 and June 2019, presentations on are eligible for amounted to “welfare Niue’s politics and governance have sponging” (rnz 2018c). The ill- focused largely on providing updates advised comments by du Plessis-Allan on events within the assembly, oppo- lacked insight into and valuing of sition mps and their activities, and the history and relationship between media statements issued by the Office Niue and New Zealand. Although it is of the Premier in response to ques- understandably the journalist’s role to tions and accusations. The “what,” ask questions and be “thought pro- “why,” and “who” are always cov- voking,” in this case, it was done in ered, but not the “so what.” There is the most ignorant manner. a lack of political commentary and Throughout the review period, analytical depth regarding political the premier of Niue has been in the affairs within Niue, and since bcn is media limelight, issuing comebacks the biggest media outlet on the island, of a hard-hitting nature against those this raises questions regarding the who have published discriminatory relationship between bcn, especially and defamatory comments about him. its board, and the government and the These controversies have created a role they have in determining what 252 the contemporary pacific • 32:1 (2020) is broadcasted. Although, with bcn would become both a social and a being a state-owned enterprise, this political challenge, which may prove is expected. Freedom of information difficult for a small island to manage. is an important pillar of a democratic It is hoped that through the Misuse of state, and the media plays an impor- Drugs Amendment Act 2019, which tant role in disseminating informa- was passed this year, strong laws and tion and serves as a link between the enforcement will prevent this from government and people. Niue needs happening (Government of Niue more media outlets, many of whom 2019). are currently bloggers, to come to the Questions were raised regarding fore and report critically on political whether Coe had breached an mp discussions. code of conduct by bringing mari- In another unexpected event within juana into Parliament (bcn, 16 May the Niue Assembly, opposition mp 2019). As this was the first time the Terry Coe brought a packet of mari- assembly had experienced an incident juana to an assembly sitting in a bid to of this nature, it was revealed that the make a statement on just how easy it assembly does not have a disciplin- was at the time to obtain illicit drugs ary or ethics committee to determine in Niue and to lobby against its pres- courses of action in such events (bcn, ence and use on the island (rnz 2019). 16 May 2019). This was deemed a Coe alleged that a visiting “tourist or serious matter by some mps, so, if consultant” provided the packet, con- anything, this stunt by Coe highlights sequently giving rise to a discussion on not just the issue of illicit drug aware- drug availability, a potential increase ness but also the need for an mp code in illicit drug use in Niue, and the lack of conduct. of legislation and enforcement mea- Prior to this, Coe had taken Vaiea sures in place (bcn, 4 April 2019). It Farm to the Niue High Court over is arguable whether the stunt resulted its license to export Niue’s water in the commotion that Coe was after, and the lack of government consul- as several members in assembly were tations regarding the project (rnz described as unaware of what mari- 2018d). In the end, the government juana is and what it looks like. It was welcomed submissions on the project. perhaps the first time many mps had Water is a commodity that presents seen it. great opportunity for Niue, with In light of increasing transnational Niue honey, nonu (noni juice), and crime incidents in other Pacific Islands vanilla as examples of exports that such as Tonga, Cook Islands, and have proved successful. An overseas Fiji, this was certainly a topic worthy hydrologist undertook an assessment of increased awareness within the of Niue’s water supplies and noted assembly and among the public. The that the island only uses 3 to 5 percent drug may be available in Niue, and of its water lens annually, which fills it is assumed that it has been for a up each time it rains (bcn, 16 Oct number of years but not yet in quanti- 2018). Should the island experience ties that could lead to significant social a drought, this water lens would still harm. It is only at that point that it provide water for over ten years. political reviews • polynesia 253
Water supplies are therefore sustain- continuously finding new ways to get able, but there needs to be close atten- his points across to the government tion paid to the management, adminis- and to raise awareness on different tration, quality control, and marketing issues. However, these activities raise of water as a product in order for concerns regarding the lack of atten- this endeavor to be successful. It is tion and adherence to laws and due also important that each phase of any process, thereby posing a risk to these water project, including consultations, development projects and invest- be followed by the government. ments. It does not help that there are In May 2019, Coe filed a court also continuous external interjections injunction against the construction against management oversights. On a of a new government building that small island, politics and development would replace the old Fale Fono build- are so closely intertwined that projects ing, arguing that, as required by law, have become a power-play field public tender should have been issued between political opponents. for the development project because Australia’s presence on the island its estimated cost exceeds nz$10,000 is set to increase with a new diplo- (bcn, 21 May 2019). The premier matic post opening in Niue (bcn, stated that a selective procurement 8 Nov 2018). This will further Niue’s process had been undertaken, follow- increasing use of its relationships and ing the Niue government’s procure- memberships with traditional and ment procedure and guidelines, and nontraditional stakeholders as lever- that the successful applicant was a age against demands and assistance trusted and leading contractor who from traditional partners such as New had recently completed the island’s Zealand. In the past year, Niue has new supermarket and museum build- also gained a new diplomatic relation- ings. It was later found that Coe filed ship with Indonesia (Siohane 2019). the court injunction pursuant to the Prior to the official signing of this new Assembly Members’ Interests Act relationship, six workers from Indone- 2006, which relates to the interests of sia were brought over to Niue to help mps and their engagement in or wish with a shortage of labor supply (bcn, to tender for government contracts 21 Feb 2019). The premier noted that above nz$10,000. Because mps were the workers will assist with work in not involved in the project in this road maintenance, noni fruit harvest- way, the act was inapplicable. The ing, and other odd jobs. These work- case was later dismissed by the chief ers were stated to be paid as per other justice of the High Court of Niue, public service employees in Niue—by who made recommendations to clarify their employers or through projects Niue’s legislation on the subject. It they assist with. The workers will be is understood that the government is on Niue for up to two years, depend- redrafting its legislation and guidelines ing on the labor need (bcn, 21 Feb concerning procurement processes fol- 2019). lowing the issues raised in this case. It was interesting that Niue signed Overall, Coe takes the title of being diplomatic relations with Indone- the most active and innovative mp, sia, given that Indonesia abstained 254 the contemporary pacific • 32:1 (2020) from voting for a UN resolution to and actions. With the premier fre- strengthen UN engagement in the quently absent, the acting premier and Pacific through the Pacific Islands cabinet ministers traveling, and mem- Forum in order to achieve the Sustain- bers assisting ministers put in place able Development Goals and build to represent the cabinet, we must also resilience within the region in response question whether members assisting to climate change (United Nations members are effective representatives 2019). Both China and Indonesia for the cabinet or simply buffers who abstained from voting, but since pass on any questions the assembly climate change has been described as might have. a top priority for Niue—as illustrated In addition, elections are looming, by the millions of dollars invested in and increased activity, campaigns, and renewable energy and the adoption public debates are expected over the of a Niue Climate Action Plan—rela- coming year. For Niue, the concept of tions with Indonesia and China almost party politics is not viable, therefore make climate change a secondary election campaigns are carried out on priority. Perhaps diplomatic relations a much smaller scale in comparison will be Niue’s vehicle for discuss- to countries such as New Zealand. ing these subjects with Indonesia, Campaigns in Niue tend to focus on although the ability of a small state to familial and professional affiliations influence bigger states’ positions on and on what a candidate has done, or such subjects is minimal. can continue to do, for the public. All As of July 2019, we are already in all, the Niue government, includ- over halfway through the premier’s ing Parliament, needs a refresh—new fourth term, and after his substantial blood and different opinions and amount of time away from the island perspectives. It is hoped that we are for medical care, it appears that oppo- not decades away from seeing a spout sition mps have found it relatively of young professionals and determined difficult to engage with the govern- candidates join Parliament, moving ment—specifically the premier and his the island’s politics and governance cabinet—and have resorted to pull- away from the idea that only the old ing stunts like bringing marijuana to are wise and know best. Niue has a the assembly and turning to overseas long way to go in terms of having media outlets to share concerns and effective mps in place, and there is a seek answers. great imbalance between the capabili- This forces us to question whether ties of common roll and village rep- the current arrangement—that is, the resentatives. In recent years, the most parliamentary structure of the Niue active mps have been the cabinet and assembly—is effective for the island. the premier themselves and opposition For such a small legislature, there mps who have been in the game for a appears to be very little engagement long time. It would only be beneficial between the opposition and the pre- for Niue to have more active, inquisi- mier and his cabinet, thus undermin- tive mps who not only represent their ing the ability of members to hold the constituencies but also keep the gov- latter accountable for their decisions ernment accountable. political reviews • polynesia 255
In addition, a review of Niue’s with the public, it did not appear to electoral and legislative systems bother New Zealand. is needed. The current system has Niue’s politics within this period been in place for over forty years, have been dominated by controver- and circumstances have changed sial projects and opposition mps who in Niue over that time. One aspect struggle to get answers out of the gov- that requires review is constituency ernment. Overall, Niue continues to boundaries. For example the villages grow—in terms of both development of Toi, Vaiea, Namukulu, and Hikuta- and its international partnerships— vake each have fewer than forty and it is hoped that with the upcoming registered voters, but their results are election year a more diverse, experi- weighted the same as those of the enced, and effective group of mps will villages of Alofi South, Alofi North, be elected. In terms of demographics, and Hakupu, each of which has more Niue has a stable, stationary popula- than one hundred voters (see, eg, tion. Figures from 2011 show a total Department of Justice, Lands, Survey population of 1,611, and the 2017 & Community Affairs 2017). These census indicates a residential popula- imbalances need to be revised, and, tion of 1,591 and an overseas popula- as I understand, numerous attempts tion of 193 (Statistics Niue 2012; bcn, to do so thus far have amounted to 10 May 2018). Now that the popula- nothing. tion has stabilized, the government is Finally, for the first time in forty- better able to plan its support services, four years, the government issued a improve the standard of living, and notice to community leaders abroad develop targeted initiatives to stimu- not to raise New Zealand’s flag in any late sustainable economic growth. Constitution Day ceremonies (note This is reassuring in contrast to the personally seen by the author). The outward migration and depopulation premier’s decision to distribute this trends Niue had previously experi- notice was to highlight that 19 Octo- enced, and it will hopefully contribute ber is Niue’s Constitution Day, not to Niue’s growth. With the premier’s New Zealand’s. This was met with frequent absence throughout the past remarks of disappointment by many couple of terms, one saying comes to Niueans on island and abroad, who mind: great leaders know when to noted that the raising of both flags at step aside to enable another to lead constitution celebrations has become a with one hundred percent capacity, tradition and acknowledges the special capability, energy, and commitment. relationship the countries share. New Politics can be draining, and it is Zealand High Commissioner to Niue uncomfortable and concerning to see His Excellency Kirk Yates stated that an ailing leader in charge of a coun- the relationship “was not in jeopardy” try despite goodwill and intentions. and that “New Zealand does not Here’s wishing all the best to Niue and have any thoughts on the flag raising” its potential candidates for the coming (bcn, 16 Oct 2018). Regardless of elections. whether this was a decision that salote talagi should have involved consultation 256 the contemporary pacific • 32:1 (2020)
References www.rnz.co.nz/international/pacific -news/367837/niue-premier-says-leeches All websites accessed 19 September 2019. -comment-idiotic bcn, Broadcasting Corporation of Niue. ———. 2018d. Niue Public Get Say over News videos published in English and Water Bottling Controversy. 11 October. Niuean on YouTube by NIUEtv. Available https://www.rnz.co.nz/international/ from https://www.youtube.com/user/ pacific-news/368474/niue-public-get-say NIUETV/videos -over-water-bottling-controversy bsa, Broadcasting Standards Author- ———. 2019. Niue Police Investigate mp ity. 2019. Newstalk zb’s Heather du over Marijuana Exhibit. 15 May. https:// Plessis-Allan Found to Have Breached www.rnz.co.nz/international/pacific-news/ Broadcasting Standards with Pacific 389256/niue-police-investigate-mp-over Islands Comments. Media release, 4 April. -marijuana-exhibit https://bsa.govt.nz/oldsite/assets/Media Siohane, G. . Niue’s Diplomatic _Releases/190402_Media_Release 2019 _-_Newstalk_ZB.pdf Relations. Interview by S Talagi. Welling- ton, New Zealand, 31 June. Department of Justice, Lands, Survey & Smith, Mackenzie. . NZ Warns Niue Community Affairs. 2017. Niue Legisla- 2018 over Revenue Shortfalls, Budget Blowouts. tive Assembly General Elections 6th May , October. https://www.rnz.co.nz/ 2017—Final Results. Alofi, Niue: Depart- rnz 11 ment of Justice. Copy in author’s files. international/pacific-news/368331/nz -warns-niue-over-revenue-shortfalls Government of Niue. 2006. Niue Laws / -budget-blowouts Tau Fakatufono-Tohi a Niue: Legislation Statistics Niue. 2012. Niue at a Glance. as at December 2006. Volume 1. Alofi: https://niue.prism.spc.int/ Government of Niue. http://www.gov.nu/ wb/media/Volume%201.pdf United Nations. 2019. General Assembly Adopts Resolution on Enhancing United ———. 2018. Asian Development Bank Nations Cooperation with Pacific Islands Act. Forum, Pays Tribute to Late President of ———. 2019. Misuse of Drugs Amend- Tunisia. Meetings coverage, 1 August. ment Act 2019. https://www.un.org/press/en/2019/ ga .doc.htm rnz, Radio New Zealand. 2018a. Apology 12168 to the Honourable Sir Toke Talagi, Premier of the Government of Niue. 20 December. https://www.rnz.co.nz/international/ Pitcairn pacific-news/378716/apology-to-the -honourable-sir-toke-talagi-premier-of The islands of Pitcairn, Henderson, -the-government-of-niue Ducie, and Oeno (commonly known ———. 2018b. Niue Defends Account- as Pitcairn) make up a single territory, ing Issues, Blaming NZ Auditor General. the last remaining United Kingdom 11 October. https://www.rnz.co.nz/ Overseas Territory in the Pacific international/pacific-news/368412/niue Ocean. Much of the period under -defends-accounting-issues-blaming review (1 July 2018–30 June 2019) -nz-auditor-general followed a similar path to that of ———. 2018c. Niue Premier Says Leeches the previous twelve months, with the Comment “Idiotic.” 3 October. https:// local community exploring various