Legal challenge over $8.9m royal estate

King George Tupou V may not own the Auckland property, say lawyers. Photo / Sarah Ivey

Lawyers might take court action if the sale of the King of Tonga's Auckland mansion goes ahead, because they say the property may not belong to him.

Tenders for the 1.6ha estate, named Atalanga, in St Andrews Rd, Epsom, closed at 4pm yesterday.

Speaking from Tonga, Auckland-based lawyer Sione Fonua said the $8.9 million property's ownership had not been formally established, so King George Tupou V could not lay claim to it.

The property was bought by the King's late grandmother, Queen Salote, in 1952, but whether she paid for it out of her own pocket or with public funds was unclear.

Mr Fonua said no documentation had been produced which proved it belonged to the royal family, and there was evidence suggesting it was owned by the people of Tonga.

"If it was a personal property of the royal family then they can dispose of it as they please, as the constitution of Tonga states.

"However, the constitution also states that if the property was built by the Government of Tonga then it will go to his heirs and successors so he cannot dispose of the property as he pleases."

Mr Fonua said he had spoken to people who were alive when the property was purchased and they said it was bought with public funds.

"But parliament are the only people that can provide the documentary evidence, no one else, and they should be able to provide that, no problem," he said.

If satisfactory evidence was not provided court action would likely follow.

But Mr Fonua welcomed a meeting with interested parties to see if the issue could be resolved amicably.

Another Tongan lawyer, Joel Fotu, earlier said Tongan taxpayers were paying the annual $28,000 bill for the property's upkeep. "The Tongan people in Auckland really revere the place and they relate it to Queen Salote, who really loved the people of Tonga.

"Basically I think the king may have been given the wrong advice when he decided to do this. The Prime Minister says the Government does not own the palace, it belongs to the King," Mr Fotu said.

"The King actually appoints the Prime Minister, so the accountability is down to the King. This election coming up will be the first time in the history of Tonga that people can elect candidates."

Atalanga is marketed by Bayleys, which lists it as a 1.6ha estate in a "park-like setting". Bayleys said the estate could be used for a prime residence or two, residential apartments, a retirement village or for a community group.

- NZPA