A Samoan national has been sentenced to four years in prison for migrant exploitation and corruption of a public official.

The individual, who has interim name suppression, was sentenced in the Auckland District Court today after pleading guilty to five representative charges of aiding and abetting breach of visa conditions, six charges of exploitation of unlawful migrants, and one representative charge of corruption of a public official.

They were also ordered to pay $4000 in reparation to the victims.

An associate has also been charged and is awaiting sentencing.

Between 2014 and 2021, the individual and their associate employed Samoan nationals unlawfully and supported others to breach their visa conditions for the individual’s painting business, New Zealand Immigration said.

The individual also paid a contact at Immigration New Zealand’s office in Samoa to issue visas at their request and gain favourable treatment when applying for visas.

INZ acting general manager immigration compliance and investigation Michael Carley said workers “were lured to New Zealand under the offer to make money that they can send to their families in Samoa”.

“The individual would then, either directly or indirectly through extended family or friends, sponsor a worker’s visitor visa and manage the process of applying for visas through Immigration New Zealand – even paying for related visa fees and airfares.”

Carley said the individual would also direct employees to place cash in papers when attending the Samoa Immigration New Zealand office, in order to influence their treatment by officials in Samoa.

He added the individual knew the workers were not lawfully entitled to work in New Zealand and some employees would also remain unlawfully in New Zealand at the expiry of their visitor visa.

Employees of the individual would regularly work more than 40 hours per week, and were paid at a daily rate of $100 – less than the minimum wage.

“They did not pay their workers holiday or sick pay entitlements and failed to provide them with payslips or an individual employment agreement,” Carley said.

“The individual provided monetary payment to the associate for providing accommodation for many of their workers and assisted with applying for the visitor visas of at least two people by sponsoring some of them at the individual’s direction.

“The associate knew these visas did not allow the recipient to work in New Zealand and knew that the purpose of their entry was to work for the individual illegally.

“When the individual travelled out of New Zealand to Samoa, they would also transfer money to the associate and direct them on how much to pay the workers.”

Investigation began in 2020

An investigation began in 2020 after INZ was alerted to an anonymous complaint made about the individual through Crime Stoppers.

Carley said it sends the clear message immigration fraud, migrant exploitation and corruption will not be tolerated.

“The callous exploitation of vulnerable migrants and the corruption of public officials is not just unethical – it’s criminal and we will work with our partner agencies both onshore and offshore to take all necessary action to hold those responsible to account,” he said.

“Maintaining and protecting the integrity of our immigration system is critical to protecting both migrants and the wider public. Therefore, we expect applicants to be honest about their intentions when entering New Zealand and follow the conditions of their visa.”

The Ministry of Business, Innovation and Employment (MBIE) said it places “significant emphasis on the integrity and professional standards expected from our staff”.

“Any subsequent breach to the Immigration system by officials will be investigated thoroughly.”

NZI encouraged anyone with knowledge of immigration fraud or exploitation to come forward by making a report via 0800 200 088 or anonymously through Crime Stoppers on 0800 555 111.

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