Transcript
The hearing on Monday and Tuesday was the culmination of a lengthy and bitter dispute between Tokelau's government and former employees Jovilisi Suveinakama and Heto Puka.
The two men were fired in 2017 for their role in the alleged mis-spending of millions of dollars in government funds on two helicopters and a slice of land in Samoa.
They appeared in the High Court of Tokelau, which held the hearing in the High Court in Wellington this week.
Alongside Mr Suveinakama and Mr Puka were three faipule, or leaders, representing the government.
The plaintiffs are seeking lost income in wages and benefits from Tokelau's government.
Their lawyer, John Goddard, told the court that investigations into their conduct and the decision to dismiss them were flawed and singled them out.
"There is an undercurrent that there was almost actively bordering on fraudulent activity by the plaintiffs that they were going on a frolick of their own and the plaintiffs strongly reject that allegation."
A lawyer for the defendants, Richard Fowler, referenced a confidential investigation report commissioned by New Zealand into the plaintiffs' actions.
Reading from the report, Mr Fowler said the plaintiffs paid above-value for the land and lacked a business plan for the helicopters.
"The purchase of the helicopters was never approved by the council, there are no supporting documents to show that the helicopters would have been operational between Tokelau and Samoa."
But New Zealand's role in the controversial affair also came under the spotlight during the hearing.
The plaintiffs were initially suspended pending investigations after a request from the Ministry of Foreign Affairs and Trade.
On Tuesday Justice Churchman said it looked like the request was the only reason they had been suspended.
"If indeed that was the reason for suspension, that's a problem because someone who is not the employer influenced a pretty fundamental aspect of the employment relationship."
The request, which came in the form of a letter from Foreign Affairs official Jonathan Kings, was first reported in 2017 by RNZ Pacific.
At the hearing on Tuesday, the defendants' lawyer said there was no evidence New Zealand influenced Tokelau's decision to suspend the plaintiffs.
Richard Fowler also cautioned against the allegations saying New Zealand's administrator to Tokelau, Ross Ardern, was struck out as a defendant in the case in January.
"We need to be very careful here because these are allegations that have been made against a defendant in respect of whom the proceedings have been stayed."
Mr Ardern made appearances in the court's public gallery on Monday and Tuesday alongside Foreign Ministry officials.
Dozens of New Zealand's Tokelauan community also turned out for the case, with many upset Tokelau was engulfed in such a high-profile legal dispute.
Reverend Tui Sopoaga, a minister from Porirua who gave a prayer before the hearing began on Monday, said it was a very sad day for Tokelau.
Justice Churchman has reserved his decision.
