The imprisonment of an Auckland man who was found guilty of running a passport scam sends a strong message to prospective scammers, says Immigration New Zealand.
Gerard Teoi Otimi was jailed for 18 months when he appeared in Manukau District Court today after being convicted in April on 38 fraud charges involving altering a document with intent to cause loss.
He was also ordered to pay $12,500 in reparation to his victims.
Judge Gus Andree Wiltens gave Otimi the chance to apply for home detention, despite Otimi having been uncooperative with the probation service on two previous occasions.
Otimi was charged after telling Pacific Island overstayers they could become part of his sub-tribe to stay in New Zealand, if they each paid him $500.
Under the scam overstayers paid Otimi $500 for a stamp and a certificate that he said allowed them to be part of his hapu.
Outside court, Stephen Dunstan, acting head of Immigration New Zealand, said Otimi's sentence should act as an eye opener for many migrants and a signal for those who threaten the integrity of the immigration system.
"People should always be wary of being scammed by others for money and report any incidents to the police," Mr Dunstan said.
"We encourage people to come forward and speak to us at the earliest possible opportunity if they run into difficulties with their immigration status as there may be pathways for them to explore for regularising their status in New Zealand", Mr Dunstan said.
Working together with the police and the Immigration Advisers Authority on such cases sent a clear message that there was zero-tolerance for immigration fraud, he said.
Judge Andree Wiltens said Otimi gave the overstayers false hope that by telling them that if they put his stamp in their passports they could stay in the country.
Otimi refused to step into the dock today at the start of the hearing until ordered to do so by the judge.
The judge rejected his bid to get his sentencing delayed for fourth time.
"Probation say they're not getting anywhere with you and this case cannot be adjourned any further," he told Otimi, who was granted an adjournment at his previous appearance after agreeing to cooperate with the probation service in preparing a pre-sentence report.
The judge today also rejected an application by Otimi's lawyer, Neil Thinn, to withdraw from the case.
The victim impact statements referred to thousands of dollars paid to immigration consultants, but Otimi only charged $500, Mr Thinn said.
"He believed he could help them."
All the money had been recovered and could be returned to the victims, he said.
Crown prosecutor Chris Merrick asked for a starting point of 18 months to two-and-a-half years in prison.
"There were 38 complainants but it was clear this scheme was more widespread. The victims were desperate and vulnerable and they experienced a huge sense of disappointment and loss," Mr Merrick said.
Several of Otimi's supporters tried to disrupt proceedings in court.
One supporter told the judge he did not have jurisdiction to pass sentence.
He asked the judge to provide evidence the court had authority to override the common law of the sovereign Maori nation.
Judge Andree Wiltens said the man's questions were outside his jurisdiction, and if he wished to challenge the court's jurisdiction, he could do so on appeal.
It was not the first time Otimi had been involved in operating a scam.
He convicted on two charges in 2004 after he issued fake warrant of fitness certificates and drivers' licences.
