Guilty verdicts on passport scam

Gerard Otimi says he will be holding another meeting to update his supporters and plan his next move. Photo / Greg Bowker

A man accused of running a passport scam has been found guilty on 38 counts of altering a document with intent to cause loss.

Gerard Teoi Otimi had faced 45 counts, but was acquitted at the Manukau District Court yesterday of seven charges because of insufficient evidence.

Wearing a korowai in court, Otimi was allowed to open the proceedings with a karakia before Judge Gus Andree-Wiltens went straight into his judgment.

Judge Andree-Wiltens read two paragraphs from his written judgment, which he said summed up the result of the case, before stating he found Otimi guilty of 38 counts.

"I was accordingly satisfied that the prosecution had proved beyond reasonable doubt that Mr Otimi intended to cause loss," he said in his judgment.

"That was the final legal ingredient of the charges that required proof - the other legal ingredients of each charge having been accepted as proved by Mr Otimi through his counsel."

Otimi will remain on bail until his sentencing on May 17.

The Crown said Otimi held meetings at marae in Mangere, Manurewa and Hamilton at which he toldillegal overstayers that they could avoid deportation if they paid him $500 for the right to be adopted or "whangai'ed" into his hapu.

The mostly Tongan and Samoan victims also had their passports stamped and signed by Otimi, and were issued hapu certificates giving them "permission to remain in Aotearoa NZ as a hapu".

"The evidence of 32 complainants was led before me," Judge Andree-Wiltens said. "What impressed me most about them was their state of desperation - not only in relation to their own situations, but also on behalf of family members.

"Mr Otimi's scheme was a godsend in their eyes - finally, a chance to be able to 'lawfully' remain in New Zealand for a relatively small fee. The removal of the overstayer stigma, and relief from possible, if not probable, deportation was like strawberries on top of icecream and the temptation for most proved irresistible."

Police raids on three properties linked to Otimi found several stamps, one similar to the Otimi stamp, 5000 blank hapu certificates, receipt books and $41,000 in cash separated into $1000 lots.

Otimi, who until recently was representing himself, had told the court that it did not have jurisdiction to hear the case because Maori had retained their sovereignty under the 1835 Declaration of Independence, and claimed the Treaty of Waitangi was an "immigration document" that allowed white settlers to come.

"Mr Otimi may well be the head of the hapu. However that does not and cannot give him the power or authority to deal with the travel documents of other sovereign nations," added Judge Andree-Wiltens.

"He was attempting to usurp the function of a government department. He had no ability to do that."

Otimi told the Herald he would be calling another meeting to "update" supporters and discuss what to do next.

$500 DEAL
* Otimi held public meetings at marae in Mangere, Papakura and Hamilton for overstayers.
* He offered a passport stamp granting "permission to remain" in Aotearoa and a hapu certificate for $500.
* Overstayers would also be adopted into his hapu, legitimising their stay in NZ.
* He said Maori retained sovereignty under the 1835 Declaration of Independence and the Treaty of Waitangi was an immigration document that allowed others to come to NZ.