Company director allegedly forced migrant worker to pay $77,500 to guarantee employment

A company director charged with exploiting a migrant worker has been given interim name suppression, despite the judge noting correct process had not been followed.

A 45-year-old woman pleaded not guilty in the Palmerston North District Court on Tuesday to four counts of exploitation and one of providing false information to an immigration officer.

Court documents provided to Stuff show Immigration New Zealand launched an investigation into the director in 2019.

The director founded a company in Manawatū in 2014, which cannot be named as doing so would likely identify the director.

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An overseas national was employed by the company from mid-2018 until mid-2019, able to legally work due to her open work visa conditions.

She started working on getting New Zealand residency in 2018, which required her employer to fill out paperwork.

The director allegedly asked for a $25,000 lump sum payment from the worker, telling them other financial contributions would be required to keep the company running.

Immigration New Zealand alleges the worker was required to pay $77,500 for a range of things, including the director’s own income tax and repaid wages.

The false information charge relates to a form the director allegedly filled out as part of the worker’s residency application and signed in November 2018.

The director allegedly wrote the worker did tasks they actually did not do.

The director denied all allegations when interviewed by Immigration New Zealand.

Despite the director not having name suppression before her appearance on Tuesday, the second time her matter was called in court, defence lawyer Jeremy Seal​ asked for suppression to be granted.

The order should be made to preserve fair trial rights, and prevent extreme hardship to the director and hardship to the director’s children, he said.

The law gives courts the power to make suppression orders, but defendants are required to provide evidence if an order is to apply after their first appearance.

Judge Jonathan Krebs noted no evidence had been provided, which formed part of Stuff’s opposition to name suppression being granted.

Seal also said the prosecution were fine with an interim order being made.

While agreement between prosecution and defence means a defendant can get name suppression on first appearance before a registrar, that agreement does not apply to a second appearance or any before a judge.

The judge said he excused the late filing of evidence, despite saying it should have occurred, before granting interim name suppression mostly due to the possible impact naming the director would have on her children.

The woman is on bail until a name suppression hearing in October.