FONO DECISIONS

    GENERAL FONO

    12 to 15 November 2005

    Nukunonu

    TOKELAU

    AGENDA
    1. Agenda
    2. Tokelau Constitution Translation Committee
    3. Report of National Symbol Committee
    4. Administrator's Address
    5. Report on the work activities/decisions of the Ongoing Government of Tokelau
    6. Laws Proposals
    7. Remit - Portfolio Allocation (Atafu)
    8. Remit - Budget Allocation (Nukunonu)
    9. Remit - Powers of Council of the Ongoing Government (Fakaofo)
    10. Remit - Transfer of the Tokelau Office to Tokelau (Atafu)
    11. Referendum Commission's Report
    12. Remit - Salary Review (Fakaofo)
    13. Increases in salaries
    14. Increases in Duty Rates
    15. Outstanding issues/remits

    1. Agenda
    2. The General Fono:

      1. adopted the Agenda.

    3. Tokelau Constitution Translation Committee
    4. The General Fono:

      1. noted the report of the Tokelau Constitution Translation Committee and their recommendation to :
        1. note the work carried out by the Translation Committee on translating the Constitution into Tokelauan;
        2. note the feedback received from each Taupulega but were not complete;
        3. note that there was an opportunity for the Committee to translate the Treaty, but not the supporting documents; and
        4. note the advise by the Translation Committee that its important to have a Translation Committee for Tokelau to translate official papers for the Government of Tokelau now and in the future.

      2. agreed to refer this report to the Taupulega for their views.

    5. Report of National Symbol Committee
    6. >

      The General Fono:

      1. noted the report of the National Symbols Committee.
      2. agreed to refer report to Taupulega for their views which will be reported to the next General Fono
      3. encouraged village committee members to explained report to their respective Taupulega.

    7. Administrator's Address
    8. The General Fono:

      1. noted the information provided on self-determination;
      2. agreed to a review of the Devolution and Capability In Tokelau, which is to be linked to the next three years Budget Review.

    9. Report on the work activities/decisions of the Ongoing Government of Tokelau
    10. The General Fono:

      1. noted the report as presented by the Ulu o Tokelau.

    11. Laws Proposals
    12. Finance Amendment Proposal and Queen's Oath:

      The General Fono:

      1. agreed to consult with Finance to develop some options as to the amount (currently $500,000) which will go to the Taupulega for consideration along with the Draft Rule - The Rule will go to the next General Fono;
      2. noted the Queen's Oath as Amended.

    13. Remit - Portfolio Allocation          Atafu
    14. The General Fono:

      1. agreed to this issue being discussed in the villages and reviewed parallel to the Devolution and Capability Review. It will include the issues of the:
        1. allocation of departments between the atolls;
        2. question of ministerial portfolios;
        3. roles of the Faipule and Pulenuku;
      2. direct public servants to provide a current list of portfolios to the villages for their information.

    15. Remit - Budget Allocation          Nukunonu
    16. The General Fono:

      1. reconfirmed the present system of allocation of the budget, 60% based on population and 40% equally divided;
      2. agreed that the last Population Count immediately before the next Financial Year be the Population basis for Budget Allocation e.g. Population Count November 2004 will the basis for FY2006/2007 Budget Allocation, October 2006 Population Count will be the basis for FY2007/2008 Budget Allocation.

    17. Remit - Powers of Council of the Ongoing Government       Fakaofo
    18. The General Fono:

      1. noted the powers of the Ongoing Government when the General Fono is not in session are provided for in the Standing Orders of the General Fono.

    19. Remit - Transfer of the Tokelau Office to Tokelau      Atafu
    20. The General Fono:

      1. agreed that Ministers and respective Directors will decide who from the Apia based staff are to be transferred to Tokelau;
      2. agreed that Council will report to the next General Fono on the transfer of some personnel from Apia to Tokelau.

    21. Referendum Commission's Report
    22. The General Fono:

      1. noted and endorsed the report which stated:
        1. the Commission met on 13 and 14 November 2005;
        2. it received information that, as at 2 November 2005, approximately 528 people had been registered;
        3. the Commission decided that the last day of registration is 23 December 2005.
        4. Referendum planning will proceed on the basis of voting as follows:
          • Apia - Saturday 11 February 2006

          • Atafu - Monday 13 February 2006

          • Nukunonu - Tuesday 14 February 2006

          • Fakaofo - Wednesday 15 February 2006

        5. the Officers of the Commission will make special efforts in the coming weeks to encourage any remaining unregistered voters to register.
        6. the Officers of the Commission will as early as possible advise the Commission on voting instructions, the conduct of the vote and the counting procedure.

    23. Remit - Salary Review (Fakaofo)
    24. The General Fono:

      1. agreed to refer this remit to the Council of the Ongoing Government.

    25. Increases in salaries
    26. The General Fono agreed:

      1. to a general increase of 8% in salary;
      2. to refer increases for Law Commissioners and General Fono Delegates to the Council of the Ongoing Government of Tokelau;
      3. that the salary levels for each Faipule to be as follows:
        1. $30,000 from 1 July 2005; and
        2. $40,000 if and when Tokelau becomes self-governing.
        3. these salaries now fully incorporate all previous special Ministerial allowance, General Fono annual allowance and clothing allowances. These allowances cease.
      4. that the salary levels for each Pulenuku to be as follows:
        1. $25,000 from 1 July 2005; and
        2. $30,000 if and when Tokelau becomes self governing
        3. these salaries now fully incorporate all previous special Ministerial allowance, General Fono annual allowance and clothing allowances. These allowances cease
      5. that salary and honorarium increases arising from this paper be funded through increases to duty rates as discussed under separate issue paper.
      6. to be effective from 1 January 2006 for any approved salary increases (except for Faipule and Pulenuku)
      7. that those staff who are currently paid outside (in excess) of the salary for their position may receive a lesser increase than 8% and in some cases may receive no increase at all as the recommended increases will now serve to validate their current salary;
      8. that those on contract will not receive increases to salary.

    27. Increase in Duty Rates
    28. The General Fono agreed:

      1. to the increases in duty rates to fund the proposed salary increases;
      2. the duty rates as follows:
        1. Tobacco 165.0%
        2. Beer 135.0% - 159%
        3. Other alcohol 116.0%
        4. General 8.0%
      3. to the new law and the new rates be effective 28 days after public notice is given;
      4. that public notice is given immediately
      5. to the date of 01 January 2006 for duty rate increase.

    29. Outstanding Issues/Remits
    30. The General Fono agreed:

      1. to refer all outstanding issues/remits to the next General Fono in Fakaofo

     

     

     

    Signed at Nukunonu on the 1st day of December 2005.
    Tamiano Perez
    Deputy-Chairperson