An illegal migrant who helped expose an alleged multimillion-dollar tax evasion scheme in New Zealand’s kiwifruit industry is facing deportation despite being a key witness in a pending criminal prosecution linked to an alleged violent kidnapping.
According to a report by the New Zealand Herald, the man, identified only by his surname Singh, claims he was kidnapped and assaulted after threatening to expose the alleged scam, in which more than $3 million reportedly passed through his bank accounts as part of a cash-based tax fraud operation.
Despite concerns raised by police and Inland Revenue about his role as a prosecution witness, former Associate Immigration Minister Chris Penk declined to intervene and grant him a visa.
“I note that a deported individual can still assist with a New Zealand investigation from offshore,” Penk told the Herald, as quoted by the New Zealand Herald.
“Immigration New Zealand may also cancel or lift any period of prohibition and grant a temporary visa to allow them to return to New Zealand as a witness in a prosecution.”
The decision has sparked criticism from immigration lawyer Matt Robson, who recently took over Singh’s case and warned deportation could undermine the criminal proceedings.
“In my experience, whistleblowers are not deported,” Robson said.
“He’s come forward to expose some serious wrongdoing, then been allegedly kidnapped and assaulted. The police have charged that person, so now he’s a witness for the Crown.
“In this case, it seems the authorities involved in the decision-making are undermining the integrity of the law,” as quoted by the New Zealand Herald.
Robson said he planned to contact ministers responsible for police, Inland Revenue and Immigration New Zealand seeking a coordinated approach.
“If my client is deported, the risk of witness intimidation or harm is very real,” as quoted by the New Zealand Herald.
A new visa application will now be considered by National MP Cameron Brewer, who recently replaced Penk as Associate Immigration Minister.
The Herald previously revealed that Singh, 33, allegedly acted as a “money mule” in the kiwifruit industry, allowing millions of dollars to flow through his accounts before withdrawing the money as cash on behalf of a group he called “The Syndicate”, the New Zealand Herald has reported.
After threatening to expose the operation in November 2023, Singh claimed he was abducted, assaulted and warned not to speak out. He later approached Inland Revenue investigators in Tauranga and provided information about both the tax scam and the alleged kidnapping.
However, Inland Revenue did not immediately notify police about the kidnapping allegations. Tauranga police only became aware of the complaint 18 months later after media inquiries, delaying the investigation.
In February this year, a 36-year-old man was charged with kidnapping and wounding offences. He was granted interim name suppression and released on bail. Court documents also listed two other men as co-defendants, although one has since died and the other no longer lives in New Zealand.
The case has raised concerns about communication failures between government agencies.
“This is a textbook example,” Steve Symon previously told the Herald.
“Sadly, this is almost a cliche in terms of a breakdown in communication between agencies. A situation like this needs a combined team effort between Inland Revenue, police and Immigration New Zealand ... so a complainant can come forward and know they’re going to be safe,” as quoted by the New Zealand Herald.
Singh first arrived in New Zealand on a student visa in 2015. Immigration New Zealand later found that academic documents submitted with his application falsely claimed he held a Bachelor of Business Administration degree from the University of Lucknow.
Singh said he had completed a degree at another university in India, but claimed the incorrect information was submitted by an immigration adviser who charged him about $30,000.
Immigration New Zealand said applicants were responsible for ensuring all information provided was genuine.
“All visa applicants must ensure that all information and documents presented are genuine. Providing false information to an immigration officer is a criminal offence under the Immigration Act 2009,” said Janine Parsons, the New Zealand Herald has reported.
“To make an application, all applicants sign a declaration stating that the contents of their application are true and correct and acknowledge the consequences of providing false and misleading or fraudulent information to an immigration officer.
“Applicants must also inform INZ if there is an agent acting on their behalf, so we can check if that agent is licensed or exempt,” the New Zealand Herald has quoted.
After his visa application was declined in 2017, Singh remained in New Zealand unlawfully and later worked as a cash-paid labourer in Bay of Plenty kiwifruit orchards while trying to repay debts owed to the immigration adviser.
That eventually led to his involvement in the alleged tax fraud scheme.
“I thought I would be safe in New Zealand if I talked to the authorities [police and Inland Revenue],” Singh told the Herald. “Now I am very scared of being deported,” as quoted by the New Zealand Herald.
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