Dawn Raids apology 'hollow' as report finds 'unusual' lack of follow-up

The Pasifika community was justified in expecting change after the historic apology and is now awaiting a decision on an overstayers amnesty

Mōrena and welcome to The Bulletin for Tuesday, July 10, by Anna Rawhiti-Connell. Presented in partnership with Z Energy.

In today’s edition: grocery commissioner appointed; Whakaari White Island trial to start today; venison pie on menu as Hipkins says ‘Tack’ to Sweden; but first, Pasifika community and Immigration NZ officers feel let down by continuing out of hours activity and lack of clear instructions following Dawn Raids apology

Jacinda Ardern is covered by a mat of forgiveness during a service in 2021 to make a formal apology to the Pacifika people affected by the Dawn Raids (Photo by Fiona Goodall/Getty Images)

‘Unusual’ lack of thought given to ongoing ‘out of hours’ activity

They say “assumption is the mother of all mistakes”. In the case of the Dawn Raids apology, a new report has found it is entirely reasonable for the Pasifika community to have assumed that the apology it received from the government for the dawn raids of the past would have a bearing on future action by Immigration NZ. The mistake, it seems, does not lie in the community having what Mike Heron KC describes as ‘reasonable expectation’ but in the ‘unusual’ lack of thought given to ongoing ‘out of hours’ activity by the relevant minister or senior officials before or after the apology. The review was commissioned by the Ministry of Business, Innovation and Employment (MBIE) after it was revealed dawn raids continued after then prime minister Jacinda Ardern’s apology in 2021.

Immigration NZ officers feel let down

The Herald’s Thomas Coughlan has a good rundown on the report’s findings. The report also found that Immigration NZ officers feel hurt and let down by their managers for two reasons. They don’t believe the more recent activity had the hallmarks of a “Dawn Raid” and that facts weren’t properly communicated to the media and the community by management. Secondly, there was no direction that this kind of activity (in rare circumstances) should not occur.

‘Almost impossible’ to make any legislative changes before the election

In responding to recent events, Pakilau Manase Lua, a child of the Dawn Raids and Tongan community leader said “the first word that comes to mind is tokenistic. If you are really sorry about something and you end up using another culture's beautiful practices to express your sorrow, you better damn well make sure it is sincere.” Immigration minister Andrew Little has subsequently apologised again, saying he is “sorry” the government did not change its approach to enforcement in light of the apology. The report recommends that the government consider amendments to the Immigration Act to specify the criteria for out of hours activity if they were to continue. As Newsroom’s Jo Moir reports, Little told media yesterday that it would be “almost impossible” to make any legislative changes before the election but he would consider the report and take recommendations to Cabinet shortly. Moir also tracks back through previous comments from former immigration minister Michael Wood and deputy prime minister Carmel Sepuloni which reveal a level of surprise about the continuation of this kind of activity, but also raise a very real question about why no thought was given to providing instructions to Immigration NZ  from the top down.

Action on overstayer amnesty still AWOL

As Mad Chapman wrote in May, “words of affirmation are nice and all but mean nothing unless accompanied by actions.” Many had hoped the apology in 2021 would be accompanied by commensurate action in granting amnesty to those known as overstayers. As the Herald’s Michael Neilson reported in May, there are an estimated 14,000 people living in New Zealand as overstayers. “Many arrived here legally under the impression it would be a pathway to residence - only to have shifting immigration policy sweep that dream from under their feet,” he writes. Last week it was reported that Stephen Paea, a Tongan basketball player, may be forced to miss this year's Pacific Games after being classified as an overstayer despite living in New Zealand since he was two. The last word on an overstayers amnesty came from Michael Wood in June, 19 days before he resigned as immigration minister. Wood told the Indian Weekender that the government is trying to take a decision on a proposed amnesty scheme for overstayers “as soon as possible”.

Dr Rangi Mātāmua on This is Kiwi

Celebrating extraordinary achievements by ordinary people, This is Kiwi explores the remarkable stories of incredible New Zealanders. In the third episode of this six-part series, Jane Yee talks to ​Dr Rangi Mātāmua, expert Māori astronomer and Kiwibank New Zealander of the year for 2023. His advocacy for mātauranga Matariki led to a groundbreaking new public holiday, and Mātāmua still doesn't think his mahi is done. With a passion for sharing knowledge, his insight into the importance of connecting with our environment is something all New Zealanders can learn from.

Listen now wherever you get your podcasts (sponsored)

Grocery commissioner appointed

Pierre van Heerden has been appointed as New Zealand's first Grocery Commissioner. The role was created based on a recommendation from the Commerce Commission in its final report on the $22b grocery industry, released in March 2022. The Grocery Industry Competition Bill had its third reading on June 21 and gives the commissioner a range of sector monitoring and enforcement tools. van Heerden has held senior leadership roles within the food industry for many years including chair of the Food and Grocery Council of New Zealand. He was head of Sanitarium during “marmageddon” in 2012 when earthquake damage to the company’s Christchurch factory resulted in a nationwide shortage of marmite. van Heerden has also been head of Mojo Coffee and Farrah’s. While the Herald has zoned in on his time at Mojo for their headline, you could also say the man has food wrapped. van Heerden will have little time to savour all these incredible puns. He shares his start date of July 13 with the release of the food price index for the month of June.

Whakaari White Island trial starts today

Formal legal proceedings begin today in the trial over health and safety failings leading up to the loss of 22 lives after the eruption of Whakaari White Island on December 9, 2019. The trial is the result of an extensive investigation by WorkSafe. WorkSafe first laid charges against 13 parties in 2020 but six organisations have since pleaded guilty and another had a charge dismissed. The judge-alone trial was due to start formally yesterday but was delayed by a day after guilty pleas by three helicopter tour operators on Friday. The trial in the Auckland District Court is expected to last for four months. Meanwhile, the country’s only postgraduate course in work health and safety at Victoria University of Wellington is currently under review as part of the cost-cutting exercise at the university. It was set up in the wake of the Pike River disaster. Joanne Crawford argues the case for it to continue in a country where, according to International Labour Organisation data from 2022, almost three times as many people die at work than in the United Kingdom.

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