Transcript
It's a long way from Tokelau to New Zealand's capital.
First, there's a two-day boat trip from Tokelau to Samoa.
Then, a four-hour flight to Auckland, followed by another short flight to Wellington.
Yet that is exactly how far Tokelau's leaders will travel to reach the Tokelau High Court.
The court has no physical building and will have its first-ever oral hearing in the High Court at Wellington on February 11.
Kelihiano Kalolo, one of the three faipule, or leaders of Tokelau, says the hearing has delayed a sitting of the General Fono, or parliament, by a month.
"It's good for us to think about the future of what can happen with the court case, what happens to Tokelau after that. Can we have our own course or no, or we can continue with this, I think it's eye-opening for us."
Mr Kalolo is staying behind in Tokelau, but as part of its government, is one of the defendants in the case.
The plaintiffs are former public servants Heto Puka and Jovilisi Suveinakama, who were fired in 2017 following investigations into their conduct.
It's alleged they acted improperly in spending more than $US9 million in government funds on helicopters and land.
The plaintiffs say they were ordered to carry out the purchases, and are seeking relief in court and to prove their dismissals were wrong.
Mr Puka says the legal case means a lot for Tokelau.
"I'm aware that there's a whole lot of families and we have friends and supporters back home, they wanted to be part of this hearing. It's unfortunate that it's far away from home but I'm sure their prayers are with us."
Experts say the case will also be a testing ground for Tokelau's fledgling legal system.
Auckland lawyer Richard Fletcher, who has worked on a case involving Tokelau, says it will lay the groundwork for lodging major civil claims in the territory.
"There's quite a lot of infrastructure going into place at the moment and I would have thought those sorts of areas, what the people who are dealing with the General Fono or indeed the Ministry of Foreign Affairs would be wondering is, if something goes wrong, how they can solve their disputes."
Judith Huntsman, an historian who has written two books on Tokelau, says the territory lacks the infrastructure to hold High Court hearings.
"So therefore you have to have it in New Zealand, but the status of Tokelau vis-a-vis New Zealand is terribly unclear."
The plaintiffs say the case will have wide-reaching constitutional implications and prove Tokelauans have difficulty accessing justice.
The High Court will sit on February 11 and 12.
This is Mackenzie Smith.
