The Anti–Corruption Commission (ACC) and the Board of Directors of the National Reserve Bank of Tonga (NRBT) are currently involved in litigation. On 20 May 2025, the NRBT submitted an Application to strike out the ACC’s Statement of Claim or, in the alternative, parts of it concerning the extent of the ACC’s powers according to the provisions of the Anti–Corruption Commission Act.
The NRBT challenged the proceedings on the basis, “that the Anti–Corruption Commission had no power to have documents produced under coercion on the understanding that they were required for an investigation by the ACC, when the ACC without warning decided to seek judicial review using the documents produced by coercion.”
On 30 June 2025 the Supreme Court in Nuku'alofa issued a ruling where it dismissed the NRBT application.
The dismissal of the application is the first time that there has been any decision under the Anti-Corruption Commissioner Act by any Court in Tonga.
The National Reserve Bank of Tonga as it is entitled to, will seek leave to appeal the decision to the Court of Appeal of Tonga.
Background
“The Anti–Corruption Commission brought a Judicial Review against the NRBT regarding a decision to pay out an award to the Bank’s staff in recognition of their work and commitment, in marking the Bank’s 35th anniversary in September 2024. This award of $5,000 for each staff of the Bank, regardless of rank, did not include the Board of Directors. The Board of Directors’ decision was confirmed by legal counsel,” stated the NRBT.
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