1982
Act
Information
Official
the
under
Released
RESTRICTED
s 9(2)(b)(ii)
1982
Act
Operation WALNUT
Date the Minister’s office was notified: 30 November 2023
Ongoing
ICI
– allegations of
MBIE has received complaints alleging migrant exploitation and trafficking in persons against Buildhub Ltd. At least twenty complainants have been granted Migrant Exploitation Protection Visas
Steve Watson
migrant
(MEPV).
exploitation
Buildhub Ltd is a labour hire company and provides skilled labour to the construction industry. Buildhub Ltd is an accredited employer and has employed nearly 200 migrants, mainly from South
America. The company advertises in South America on web platforms for jobs in New Zealand. The advertisements are under the company name s9(2)(b)(ii)
and Buildhub Ltd. Both have directors, one of whom is also a Licensed Immigration Advisor.
On 13 September 2023, Buildhub Ltd’s employer accreditation was suspended for three months. There is insufficient evidence to support a trafficking in persons prosecution, s6(c)
s6(c)
Information
A meeting between Investigations and the Director of Buildhub Ltd is scheduled for the week beginning Monday 27 November 2023. A further review of the suspension of Buildhub Ltd’s
employer accreditation status will be considered post interview.
Auckland
Date the Minister’s office was notified: 30 November 2023
Ongoing
ICI
restaurant owner
Information has been received relating to allegations of migrant exploitation against the owner of s9(2)(b)(ii)
Restaurant in Auckland.
Steve Watson
arrested for
migrant
The investigation into the restaurant owner has led to identifying further complainants and formal statements have been obtained. As a result, on 17 November 2023 a search warrant was
exploitation
executed at the restaurant and at the home address of the restaurant owner with NZ Police in attendance. The restaurant owner was arrested and charged with one count of exploitation under
Section 351 of the Immigration Act 2009.
s9(2)(a)
Official
On Thursday 23 November, the defendant appeared in court and was remanded on bail. s6(c)
the
2021 Resident Visa
Date the Minister’s office was notified: 30 November 2023
To be closed
COO
applicant not
The 2021 Resident Visa category (21RV) was established to provide certainty for migrant families that faced disruption because of COVID-19, and to help retain the skills New Zealand businesses
Stephen Vaughan
meeting health
need to support New Zealand’s economic recovery. The category closed to new applications on 31 July 2022, a total of 106,441 applications were made under the category.
requirements
There are now less than 1,000 applications still to be decided. The remaining applications are complex and require more in-depth assessment and time for a decision to be made.
21RV has limited health requirements (a lower bar than other residence policies) but captures medicals conditions that are not eligible for medical waivers (tuberculosis, haemophilia, and
conditions requiring dialysis or full-time care). Of the remaining cases it is estimated that 20 -30 applications include at least one applicant who does not meet the health requirements to be
granted residence.
under
In some cases, it is a secondary applicant (partner or dependent child) that does not meet health requirements rather than the principal applicant. If the secondary applicant holds a visa based on
their relationship to the principal applicant, they are not able to be removed from the application. Where they can be removed, there are immigration instructions which would prevent them
subsequently gaining residence based on their relationship to the principal applicant.
As these applicants do not meet instructions, and INZ does not have discretion in residence, these applications will be declined. The Applicants can appeal to the Immigration and Protection
Tribunal (IPT) to have their circumstances considered on humanitarian grounds.
Page 2 of 11
RESTRICTED
Released
RESTRICTED
Recent example
Section 9(2)(a)
1982
Act
INZ support for
Date the Minister’s office was notified: 30 November 2023
Ongoing
COO
applicants
Since the conflict between Israel and Gaza started, INZ has put in place processes to ensure consistency and priority allocation for any applications received for people living in these locations.
Stephen Vaughan
impacted by the
These processes include:
Israel/Gaza conflict
• All visitor visa general applications from Palestinian and Israeli nationals are being processed in the same office;
• A mailbox has been set up for applicants who are seeking support through the Ministry of Foreign Affairs and Trade (MFAT) to use to request prioritisation of applications;
• Calibration meetings between teams in INZ to ensure consistency in decision making.
INZ is also providing case-by-case advice and support to MFAT for New Zealand citizens and residents attempting to leave Gaza and travel to New Zealand.
Information
INZ have received one prioritisation request for the family of a NZ Permanent Resident who is currently living in Palmerston North. The application consists of the NZ Permanent Resident’s ex-
wife and their 14-year-old twin children. INZ has prioritised this application and it is currently being processed. INZ has received a supporting letter with the prioritisation request from Hon Grant
Robertson. A petition is currently open for signatures on the New Zealand Parliament website which has been created by someone with the same name as the NZ Permanent resident, we cannot
confirm if this is the same person or not.
INZ will continue to prioritise and process applications for people impacted by the conflict along with supporting MFAT.
Migrant
Date the Minister’s office was notified: 30 November 2023
To be closed
COO
Exploitation
The Migrant Exploitation Protection Visa (MEPV) was established to enable migrant workers who hold an employer supported work visa to leave an exploitative workplace situation quickly,
Stephen Vaughan
Protection Visa
increase the incentives on migrants to report exploitation and maintain the integrity of immigration system.
applicant’s not
Official
meeting
As at 28 November 2023, INZ has 115 MEPV applications in progress. Over the past 12 months, INZ has decided 890 MEPV applications, 872 were approved, nine were declined and nine were
requirements
withdrawn by the applicant.
Applicants are required to be in New Zealand, hold a work visa that specifies their employer as a condition of their visa, meet health and character requirements and have made a report of
exploitation to MBIE. MBIE must have assessed that it is credible that exploitation may have occurred.
the
While declines under this category are rare, INZ have seen cases where the applicant is unable to meet the requirements and there are not sufficient grounds for an exception to instructions
(ETI). In these cases, the applications are declined.
Recent example
Section 9(2)(a)
under
1 This is the applicant’s opportunity to comment on the adverse or ‘potentially prejudicial information’ (PPI) held by INZ.
2 The Immigration and Protection Tribunal hears and determines appeals concerning decisions about resident class visas, the recognition of a person as a refugee or protected person and liability for deportation. The tribunal is administered by the Ministry of Justice.
Page 3 of 11
RESTRICTED
Released
RESTRICTED
Section 9(2)(a)
1982
Potential migrant
Date the Minister’s office was notified: 30 November 2023
Ongoing
ICI
exploitation and
The suspect is s9(2)(a)
and is the director/shareholder of s9(2)(b)(ii)
Steve Watson
Act
trafficking in
. Allegations have been received that the individual is recruiting s9(2)(a)
workers and charging them $US30k to come to work in New Zealand. The
persons identified
individual has recruited workers under both the AEWV scheme and the Cyclone Recovery Visa.
Although any link between the employer and an offshore agent recruiting workers and taking payment is still to be established, it appears that the employer has insufficient work for those he has
brought to New Zealand and has been housing some of these workers in accommodation in Auckland. There is very limited evidence of exploitation at this time, but there are indicators of people
trafficking in the practices described. This is continuing to be assessed as the investigation continues.
During week commencing 13 November 2023, 15 migrants were found living in one dwelling and were interviewed by Immigration Investigations. s9(2)(a)
Section 61 of the Act provides the Minister of Immigration (delegated to the Associate Minister of Immigration and to senior
immigration officers) with the power, in his or her absolute discretion, to grant a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they are
subject to a deportation order).
On Saturday 11 November, the migrants were due to be evicted from their accommodation, however the migrants have been given another month’s accommodation by their landlord and have
not been evicted. Immigration Investigations has begun a criminal investigation with attempts to identify any further victims and gather evidence with a view to establishing offences committed
before approaching the suspect for interview.
Information
The Coronial
This item was first raised with the former Minister of Immigration in June 2023.
Ongoing
COO
Inquiry into the
Date the incoming Minister’s office was notified: 30 November 2023
Stephen Vaughan
Christchurch
Masjidain Attacks
The Coronial Inquiry into the Christchurch Masjidain Attacks is currently taking place.
Victims and their families were notified that they could request friends and family members travel to New
Zealand to support them during this time – families of the deceased were entitled to six support people and injured victims were entitled to one support person.
Since 3 July 2023, victims and their families had been able to register with the Ministry
of Justice and Victim Support to receive an approval letter which was provided to INZ, from the families, to
support visitor visa applications.
As at 27 November 2023, a total of 264 applicants applied: 221 visas were approved; 30 declined; 11 withdrawn (the majority of these were Somalian applicants); two applicants remain under
assessment.
Official
Somalian applicants
Applicants are required to have an acceptable travel document to establish their identity and to travel to New Zealand. INZ further considered what this meant for Somalian applicants as per
immigration instruction A2.15.35, “there is currently no authority in Somalia that is recognised by the New Zealand Government as being competent to issue passports on behalf of Somalia.” This
is in line with many foreign governments, including all our Migration Five partners. the
Previously, INZ Certificates of Identity (COI) have been issued to Somalian nationals where they held a resident class visa or a clear pathway to residence, such as through their relationship with a
New Zealand resident or citizen. However, Somalian nationals applying for visitor visas to be support people for victims of the Christchurch Masjidain attacks likely do not meet these criteria to
be issued a COI.
Moreover, most Somalian nationals applying for temporary entry visa applications present bona fide concerns given the security situation in Somalia. Therefore, the threshold to determine that
they would return to their ties to the home country (including family, employment, financial interests and assets) outweighing the purported temporary visit in New Zealand would be
exceptionally high.
Following the community engagement meeting between the Christchurch Somalian community and the former Minister of Immigration on Wednesday 13 September, INZ contacted the nine
under
Somalian applicants who had previously submitted a visitor visa application to confirm whether they wished to withdraw their application or proceed with assessment. INZ has received
confirmation from all nine applicants that they will withdraw their applications. INZ is refunding the fees for these applicants.
Ongoing
COO
Stephen Vaughan
Section 9(2)(a)
Page 4 of 11
RESTRICTED
Released
1982
Act
Information
Official
the
under
Released
RESTRICTED
On 8 February 2023, the claimant was charged with wounding with intent to injure and was on remand until his court appearance that was scheduled on 22 February 2023. The claimant did not
appear in court but was instead admitted s 9(2)(a)
in an inpatient unit on 22 February 2023. The team at the Section 9(2)(a) will work with the claimant to
determine if he will be well enough to stand trial.
In early March 2023 INZ removed immigration related reporting conditions, as this person was actively monitored by New Zealand Police. Section 9(2)(a)
The Refugee Status assessment is still in progress. There have been delays in interviewing the client as a result of their circumstances and mental health issues.
Investigations
These items were first raised with the former Minister of Immigration in August and May 2023 respectively.
Ongoing
ICI
relating to
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
accredited
employers –
Operation GULLY
Operation GULLY
Operation Gully relates to a large criminal investigation in which a large number of migrants were found to have paid, off-shore, large sums of money for Accredited Employer Work Visas
and Operation
(AEWVs). On arrival in New Zealand the migrants found that there was no employment.
COTTAGE
On Sunday 13 August 2023, Police responded to concerns of over-crowding at a residential property in Papakura, Auckland. NZ Police found 30 Indian nationals living at the address. A further
four addresses were visited by NZ Police who found Indian migrants living in similar cramped conditions. All stated that they had arrived in New Zealand on an AEWV aligned to a company
however had not been provided work. They further stated that they had paid considerable amounts of money offshore to secure their work visa.
The investigation is focused on seven employers and one Licenced Immigration Advisor (LIA) and his company. The LIA was arrested following the completion of the search warrants and charged
with two counts of providing false and misleading information to Immigration New Zealand, an offence under section 342(1)(b) of the Immigration Act 2009 which carries a maximum penalty of
seven years imprisonment and/or a $100,000 fine. The investigation is ongoing and further charges against the LIA are likely.
s6(c)
s9(2)(a)
. INZ is applying additional scrutiny to these applications to ensure the information provided is genuine
considering the exploitation that has occurred where this LIA is alleged to have been involved.
One company has had their accreditation suspension lifted as it was proved they had no knowledge of the offending.
While the investigation is focussed on one LIA and seven employers, there is a larger network of employers and LIA’s that are linked or involved with Operation GULLY. This risk is being managed
by the wider system with INZ placing alerts and warnings on the linked entities while the investigation is ongoing.
Operation COTTAGE
Operation COTTAGE was formed in May 2023 after many complaints were received by MBIE that had a similar modus operandi. Migrants had paid large sums to an offshore agent (often
NZ$20,000 – NZ$30,000) to arrange visas and employment for them. Once the migrant arrived in New Zealand, they either found that they had no job or were fired within a short time of starting,
often within the “90-day trial period”. They suspected that their agents were working together with the employers to scam them out of their money.
All the affected visa holders under Operation COTTAGE are from China with most of the visas obtained under the AEWV system, but some complaints came in relating to the Cyclone Recovery
visas. s6(c)
A total of 95 files have been reviewed, 45 of these files fall under five main investigations which have been assigned to individual investigators. The remaining files have been referred to another
team within MBIE for action or closed due to insufficient evidence.
An Intelligence briefing has been commission and received regarding LIAs across Operations GRAIN (item below), GULLY and COTTAGE which is being reviewed. Next steps will be determined to
under the Official Information Act 1982
ensure the appropriate actions are taken and identify connections across investigations.
Investigations data as at 21 November 2023:
•
Since 1 July 2022, MBIE has received a total of 8,725 complaints through the National Prioritisation Process (NPP), where 1,483 were related to Accredited Employers. These 1,483
complaints were further referred to Compliance (216), Investigations (383), and the Migrant Exploitation Team (884).
•
There are 188 active investigations on Accredited Employers (on 167 employers since there are some duplicates in cases).
•
Investigations have completed 27 suspensions and 3 revocations of an employer’s accreditation status
•
In the past week Investigations have closed 15 cases on Accredited Employers with the following outcomes:
Page 6 of 11
RESTRICTED
Released
RESTRICTED
o 3 x closed – referred to the Accredited Employer Risk Monitoring and Review (AERMR)
o 2 x closed – referred to the Labour Inspectorate
1982
o 10 x closed – duplicate cases
Operation GRAIN -
This item was first raised with the former Minister of Immigration in April 2023.
Ongoing
ICI
Specific Purpose
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
Cyclone Recovery
Act
Visas
Operation GRAIN relates to the misuse of the recovery visa where migrants were identified as paying hidden agents in their home countries, who promised work in New Zealand, and on arrival in
New Zealand had no job or not the job they believed they had applied for. The Specific Purpose Recovery Visa policy was created to provide support to the North Island recovery from extreme
weather events from Cyclone Gabrielle in January, and February of 2023. Approved visas under this category have a 6-month validity, from the date of entry. These applications were designed as
a low touch, high trust model, with a very quick turnaround. Minimal information was required from the applicant and proposed New Zealand employer.
A total of 2,636 visa applications were submitted and of that, 1,491 were approved a visa. 1,230 visa holders travelled to New Zealand with the top three countries of arrivals being India, China,
and Vietnam. The decline rate for the Cyclone Recovery visa was approximately 40 per cent reflecting the non-genuine, fraudulent applications submitted through this category. This steady
increase in decline rates resulted in a quick reduction in the volume of applications submitted.
s6(c)
Information
Recovery visa extension
The recovery visa extension is for workers who hold a recovery visa and were in New Zealand on 23 September 2023. It allowed eligible visa holders to apply for a further three-month visa to
help strengthen New Zealand's ability to rebuild from the extreme weather events of January and February 2023.
Compliance next steps
Immigration Compliance continue to support applicants who are not able to apply for the extension of their visa. A large cohort have started to apply for Accredited Employer Work Visas. There
Official
is an increasing number of individuals who have allowed their visas to expire, making them unlawfully in New Zealand. As of 23 November 2023, there are approximately 145 unlawful persons
whose last visa was granted under the Specific Purpose Recovery Visa policy and 110 individuals holding interim visas* and awaiting the outcome of a visa application.
From November 2023 to May 2024, there are 323 visas due to expire and it is anticipated there will be a number of individuals from this cohort who will become unlawful. This cohort is
currently being monitored by MBIE to undertake a graduate response to engagement. An internal automated system will send reminders to individuals who currently hold visas, these are set at
45, 23 ,12, 6 days before expiry of the visa and then 44 days post expiry of the visa. The reminder includes information about visa requirements, how to apply or plan to make arrangements to
the
leave New Zealand. For those who are currently unlawful, a similar graduated communications process is expected to be utilised. An ongoing issue remains regarding a lack of genuine contact
details for this cohort.
s6(c)
This item was first raised with the former Minister of Immigration in May 2023.
Ongoing
ICI
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
s6(c)
is an ongoing investigation into the exploitation of migrant workers at s6(c)
under
Current offences identified include providing false or misleading information, aiding and abetting, knowingly employing a person who is not entitled to work, exploitation under the Holidays Act,
Immigration Act and the Minimum Wages Act. Trafficking in persons and altering a document with intent to deceive were also suspected.
Individuals associated with s6(c)
or with links to these individuals are s6(c)
Some individuals associated with s6(c)
are known to approach the media and have at times been critical of Immigration New Zealand (INZ) and migrant labour shortages.
s6(c)
Search warrants were executed at a residential address and the s6(c)
without incident. Documentation along with a number of electronic
devices and CCTV systems were seized. Investigators analysed the data recovered. s6(c)
Page 7 of 11
RESTRICTED
Released
RESTRICTED
s6(c)
1982
Act
.
Further search warrants are being prepared for payroll information. If granted, it is intended that these are served to the companies in question with a view to them cooperating with providing
the information requested rather than a physical search being undertaken. It is anticipated that these search warrants will provide important evidence of Employer Offences (employing
temporary workers without the correct visa), false or misleading information provided by the owner and the alteration of employment agreements provided to INZ to gain a benefit, also by the
owner.
Information
Further statements are being sought from multiple immigration officers who processed visa applications for employees in 2021 and ex-employees.
The employer will also be invited to participate in a video recorded interview to put their response to the allegations and evidence gathered. They are not obliged to attend such an interview.
Investigations are still ongoing and once completed a prosecution file will be submitted to MBIE Legal for review with a view to recommended charges being laid.
s6(c)
This item was first raised with the former Minister of Immigration in April 2023.
Ongoing
ICI
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
s6(c)
which relates to a large-scale scam targeting s6(c)
, who are likely to be unlawfully in New Zealand, seeking permanent residence or
citizenship. s9(2)(a)
Official
The scam involves multiple promises made by suspects (who are also s6(c)
), offering permanent residence and/or New Zealand citizenship. The payment for the “service” offered
varies, however, starts from about $500. This scam appears to have been operating between 2019 and 2022.
In the current case, the suspect set up a s6(c)
area to attract victims. The victims provided their passports and cash with the expectation
of receiving a service (i.e., pathway to New Zealand residence or citizenship) which was never intended to be delivered.
the
s6(c)
Execution of search
This item was first raised with the former Minister of Immigration in July 2023.
Ongoing
ICI
under
warrant relating to
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
identity fraud and
other document
This is a joint investigation with the s6(c)
fraud
Page 8 of 11
RESTRICTED
Released
RESTRICTED
A search warrant was executed on s6(c)
.
Charges were recommended under the Passports Act 1992, Citizenship Act 1977, Births Deaths, Marriages, and Relationships Registration Act 2021 and the Immigration Act 2009 relating to
providing forged and false information, aiding and abetting and providing false or misleading information.
The investigative phase was completed, and the prosecution file was submitted to MBIE Legal with a number of recommended/ preferred charges to be laid against the individuals. Charges were
agreed and finalised with each individual being charged with three offences:
•
Providing False and Misleading Information under section 342 of the Immigration Act 2009
•
Improper Dealing with Immigration or Identity Documents under section 345 of the Immigration Act 2009
•
Procuring a Statement in a Material Way that was False under section 27 of the Citizenship Act 1977
s6(c)
s6(c)
This item was first raised with the former Minister of Immigration in June 2023.
Ongoing
ICI
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
s6(c)
Client pleads guilty
This item was first raised with the former Minister of Immigration in August 2023.
Ongoing
ICI
to murder of his
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
infant son in 2021
The client is an Indian national in New Zealand with his wife on resident visas. On 26 July 2021, during the processing of the couple’s Skilled Migrant Category resident visa application, an
immigration officer contacted Immigration Compliance to advise that the couple had not notified INZ about the death of their infant son.
under the Official Information Act 1982
INZ had become aware of this information when the client’s s9(2)(a)
s9(2)(a)
Subsequently, the compliance case was closed as there was no grounds to address any character concerns. INZ approved the resident visa application for the
couple on 10 November 2021.
On 20 July 2023, Immigration Compliance sighted a news article which stated that the client had pleaded guilty to murdering his infant son in 2021. s6(c)
s6(c)
.
Page 9 of 11
RESTRICTED
Released
RESTRICTED
On 17 October 2023 the client was sentenced to two years and nine months imprisonment. The case was reported on in the media:
https://www.nzherald.co.nz/nz/napier-baby-death-mothers-incredibly-moving-statement-speaks-of-forgiveness-in-time-as-husband-goes-to-jail/LYYDCADNWBETNPXFJLH22CT56I/
1982
https://www.stuff.co.nz/national/crime/300990490/wife-appeals-for-leniency-in-sentencing-of-husband-who-killed-their-son
The case was referred to INZ to determine whether section 161 of the Immigration Act 2009 would apply to the client, meaning he would no longer be eligible for a resident class visa and may be
liable for deportation.
Act
Deportation of a
This item was first raised with the former Minister of Immigration in June 2022.
Ongoing
ICI
s9(2)(a)
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
s6(c), s9(2)(a)
Information
Official
Update on
This item was first raised with the previous Minister of Immigration in June 2023.
Ongoing
ICI
the
compliance out of
Date the incoming Minister’s office was notified: 30 November 2023
Steve Watson
hour scenarios
The final report, by Mike Heron KC, into out-of-hours compliance visits carried out by INZ was released on 10 July 2023. While the review was underway, there was an MBIE directive for no out
of hours activities to be conducted.
Since the release of the final report, it has been determined that the cease on out of hours activity will continue until such time that the recommendation of the Heron review relating to a review
of standard operating procedures is concluded.
INZ developed a scenarios document to provide compliance officers, and other INZ staff who engage with clients in the community, clarity on what engagement activity can occur while the cease
on out of hours visits is in place.
under
Since 29 May 2023, there have been ten
cases considered which fall within one scenario where an individual is being deported either directly from the community or from Corrections/Police
custody; the deportation flight is only available outside standard hours; and waiting for flights that depart during standard hours could result in the individual being held in custody longer than
necessary and a warrant of commitment being required (if longer than 96 hours).
3 The 1987 Immigration Act was repealed and replaced by the 2009 Immigration Act on 29 November 2010.
Page 10 of 11
RESTRICTED
Released
RESTRICTED
The
ten cases consist of s9(2)(a)
The revised Standard Operating Procedures are due to be finalised at the end of November 2023.
under the Official Information Act 1982
Page 11 of 11
RESTRICTED
Released
