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Green MP Darleen Tana OK’d migrant on fruit-picker visa for job in husband’s bike shop

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Suspended Green MP Darleen Tana told a migrant worker he was able to work in her husband’s bike shop on a seasonal work visa – despite that visa clearly stating he could only work in horticulture and viticulture jobs.

The worker also claims Tana advised him to keep working in the shop during lockdown as it was essential work.

The worker is the second of two who earlier this year lodged Employment Relations Authority (ERA) claims against E-Cycles NZ, a company owned by Tana’s husband Christian Hoff-Nielsen.

His claim alleges missing wages, failure to pay public holiday entitlements and failure to pay agreed commissions on bike sales. The company has denied the claim and it will go to a hearing later this year.

Tana was stood down by the Green Party in March after a Stuff investigation into allegations made by another migrant employee, Santiago Latour Palma, that he was exploited, claiming he was owed $25,000 in wages by the business and had worked while on a tourist visa. She remains under investigation by lawyer Rachel Burt, who was tasked by the Greens to establish what Tana knew about those and other allegations about the business.

Tana resigned as a director and shareholder of E-Cycles NZ, which trades as Bikes and Beyond, in 2019 but multiple workers have since told Stuff she remained involved in the business.

The worker who was told to work on a seasonal visa spoke to Stuff on condition of anonymity. He said Tana was deeply involved in the business and has WhatsApp chat logs with both her and Hoff-Nielsen.

The messages with Tana involve her instructing the worker on his working hours and times, repairs and deliveries, and discussing wages and contracts.

Hoff-Nielsen’s messages show him repeatedly deferring to Tana over financial affairs. In one March 2022 message, Hoff-Nielsen told the worker: “If u want help with wages as we have discussed many many times its Darleen.” A day later, he sent a message instructing staff who had caught Covid-19 to send their Ministry of Health confirmation email onto Tana.

In one exchange in May 2020, during the first national lockdown, the worker messaged Tana: “I was wondering about the subsidy and wages as I understood that we were gonna get our normal wage from this week? I have worked 81.5 hours without a day off in the last two weeks. If I knew I was gonna work for the subsidy I should be doing 29.5hs a week which is about 60hrs.”

Tana replied: “Will explain when I come in today.”

Later, the worker messaged her to thank her for the conversation, and she replied: “[Worker’s name] i am sooo pleased u told me how u feeling. U v special part of our team. Mean that:).”

During that 2020 lockdown, only essential businesses were meant to remain operational.

The messages also reveal Tana discussing the worker’s pay. In June 2020, the worker messaged asking her to confirm he had guaranteed hours in his casual work contract. Tana replied saying : “Yes I can:).”

In July 2020 and February 2021, the worker messaged Tana to say his wages were late and pleaded for them to be paid. On one of those occasions, Tana apologised for the late payment.

The migrant worker first worked for E-Cycles in March 2020 on a working holiday visa. He alleged he worked an unpaid one-day trial under Tana’s supervision before he was hired to start the following day.

The worker quit in January 2021 to work at another bike shop.

He said that in September 2021, Hoff-Nielsen asked him to return in a better-paid managerial role with a 2 percent commission on any bike he sold and told him there would be no more issues with late salary payments.

The job change meant his sponsored work visa lapsed. He alleged Hoff-Nielsen said he would be paid in cash until he secured a new visa. While he waited for another sponsored visa, the worker secured a seasonal work visa, which limited him to working in horticulture and viticulture.

However when he sent a copy of the visa to Tana, she replied saying he was “eligible”. When he expressed doubt that he could work on that visa, Hoff-Nielsen reassured him by saying they had employed seasonal workers before.

Immigration New Zealand confirmed the Supplementary Seasonal Employment (SSE) visa was only for workers to plant, maintain, harvest or pack crops, and only for employers with an SSE approval. The agency confirmed E-Cycles NZ was not on that list.

In a statement, Dominic Forde, MBIE operations director Central Southern region, said: “Employees who hold an SSE visa and carry out work other than work in viticulture or horticulture would be breaching the conditions of their visa and may be liable for deportation.

“An employer that employs a person to do work other than work in viticulture and horticulture that is inconsistent with the conditions of that person’s visa may be committing an infringement offence under the Immigration Act. It is also an offence to allow a person to carry out work knowing that the person is not entitled to do that work.”

In November 2021, the worker and Tana exchanged messages about his pay rate, apparently to prepare his contract, and his repeated issues about access to Xero software for logging his hours as well as explaining holiday pay. At one stage, she told him she had advanced him $1500 while the business sorted out accounting issues affecting his pay.

In March 2022, the worker wrote to Tana: “I asked Chris thinking you are not managing any more but he asked me to talk to you about applying for the subsidy. Would you help with that please?” She replied: “I applying for subsidies yes for u and then others.”

However, by 19 March, the worker found his email to Tana’s E-Cycles email address had bounced. When he asked her why, she said: “Yes because I don’t work there. Really.” Later that day, they sent messages accusing the other of shouting and being aggressive, and Tana ended the conversation with: “I stepped out and will continue my day helping sickbfamilies (sic).”

The worker told Stuff he worked for the business on the seasonal visa, but continued to be erratically paid in cash until February 2022 when his new sponsored visa arrived and he began to be paid regularly.

He quit again on 1 July, 2022 and worked out notice until 1 August, allegedly without pay, until he had a lawyer write to Hoff-Nielsen, who accused the worker of wage theft but paid $1500 into his account.

The worker said he was never paid time and a half or given days in lieu for working public holidays and his wages were often late. He also said he was unable to track his pay properly because he wasn’t given access to wage and time records.

The Greens suspended Tana in March, saying she had told the party on 1 February and 9 February that ERA complaints had been lodged which contained allegations against her personally.

She was stood down from her portfolio as Small Business spokesperson but the Greens did not make any comment because they did not want to influence the mediation process. They said it was not until Stuff’s enquiries on 14 March that they learned Tana “may have had some prior knowledge of the allegations” and they were appointing Burt to “understand fully what Ms Tana knew, and when”.

The Greens did not respond to a question about when Burt’s report would be finished. In a statement, the party’s co-leader Marama Davidson said: “This material is being considered as part of the independent investigation into Darleen Tana. The party will be making no further comment on this while the investigation remains ongoing.”

Hoff-Nielsen had not responded to requests for comment before deadline but previously told Stuff the worker’s ERA claim was without merit.

Tana declined to comment, saying: “These matters are currently under consideration in the investigation and form part of ERA proceedings also. It would be completely inappropriate for me to comment at this time.”

Source: RNZ and Stuff

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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