NRBT Responds to Court Ruling, Vows to Appeal Dismissal of Strikeout Bid
Nukuʻalofa, 3 July 2025
The National Reserve Bank of Tonga (NRBT) has issued a public statement in response to a recent Supreme Court ruling, confirming it will seek leave to appeal the decision that rejected its attempt to strike out a judicial review claim brought by the Anti-Corruption Commissioner.
In a press release dated 3 July 2025, the Bank defended its position in the ongoing litigation, arguing that the Anti-Corruption Commissioner had acted beyond his legal powers by using documents obtained under compulsion for a judicial review, when they were initially disclosed for the purposes of an investigation.
“The NRBT challenges the proceedings on the basis that the ACC had no power to have documents produced under coercion… when the ACC without warning decided to seek judicial review using the documents,” the statement read.
The Supreme Court, in a ruling delivered on 30 June, dismissed the Bank’s application to strike out the Commissioner’s claim, clearing the way for the case—centred on an alleged misfeasance in public office—to proceed to a full hearing.
The NRBT emphasised that this is the first time a Tongan court has ruled on the scope of powers under the Anti-Corruption Commissioner Act, and confirmed that it intends to exercise its right to appeal to the Court of Appeal.
The judicial review challenge stems from a decision made by the NRBT Board in 2024 to award $5,000 to each staff member in recognition of service during the institution’s 35th anniversary. The payment did not include board directors and was approved following legal advice, according to the Bank’s statement.
The Anti-Corruption Commissioner is questioning the lawfulness of that payout, raising concerns about public office conduct and the use of funds by a national institution.
With both parties standing firm, the dispute now appears set for a longer legal journey—first to the Court of Appeal, and potentially beyond.
