A man with historical indecency convictions who later became a teacher and abused young girls also moonlighted as a Christmas Santa at three of Auckland’s biggest malls.
The Herald can reveal that Timothy Fisher, who is now serving a lengthy jail sentence, wasn’t vetted by police before being hired to pose for photos in a Santa costume with young children.
Scentre Group, which operates the international Westfield shopping mall chain, says it takes safety obligations seriously and has launched a review after learning of the vetting failure.
“We recognise this is a very distressing time for the victims and we extend our support to them,” a statement from Scentre’s corporate affairs department said.
“We take safety and the duty of care to our customers and community extremely seriously.”
Fisher, 57, has three convictions for doing indecent acts from 2002.
It has emerged he worked at at least five state secondary schools and underwent four police vets between 2011 and 2017, but was able to conceal his previous convictions under the Clean Slate Act.
Scentre said Fisher was contracted by a “third-party Santa photography supplier” for the 2022 Christmas period at Westfield St Lukes.
He was contracted again the following year at Westfield St Lukes, Westfield Manukau and Westfield Newmarket.
Scentre was reviewing Fisher’s work history with the third-party supplier, which the spokeswoman refused to name.
The Santa photography took place in a public space and the supplier was required to provide supervision at all times.
“To date, we are not aware of any direct customer feedback or complaints during the person’s work history at our destinations.
“If customers hold any concerns about the conduct of this individual during this period, we strongly encourage them to contact police.”
Pushed on whether Fisher had been police vetted before he was hired, a spokeswoman indicated he wasn’t.
“Our provider was contacted by police in 2024 to inform them that Timothy Fisher was being investigated on matters that occurred after his employment with us. The supplier did not rehire him.
“We are reviewing our supplier’s employment screening processes.
“We would support any regulatory measures to strengthen vetting processes that involve working with children.”
The Herald asked Scentre what internal reviews were under way to ensure its own safety policies were robust, and whether it would offer apologies or refunds to families.
“We have reviewed this matter directly with our supplier. Changes continue to be made to strengthen employment screening processes,” a final statement said.
A police spokesman said a review of police records showed Fisher had been subject to four vetting requests over the years, all from the Teaching Council.
“There’s no record of any other agency or prospective employer that we’re aware of.”
Detective Senior Sergeant Martin Bienvenu, Counties Manukau CIB, said police phoned the company that hired Fisher in October last year after learning the English teacher had been hired as a Santa at Westfield malls the previous two years.
“In this phone call, police recommended that the company vet Fisher before they hired him again.”
Bienvenu said that at the time of the call, Fisher was facing numerous active charges of indecent assault for which he has now been convicted.
“During the phone call, police did not disclose or give any indication Fisher was facing criminal charges or the nature of those charges.
“As a result of the investigation, and the identified risks surrounding Fisher, police had an obligation to keep the public safe and prevent any victimisation,” Bienvenu said.
After receiving the police phone call, the company did not contract Fisher as a Christmas Santa in 2024.
Fisher was sentenced last week for abusing nine girls in 2024 at a private after-school tutoring company. He also filmed himself masturbating while watching students at an unnamed school where he previously worked.
He pleaded guilty to 14 charges, which included committing indecent acts on children and making objectionable material, and was jailed for four years and five months.
Although Fisher’s previous offending couldn’t be disclosed during vetting, police marked a 2014 vet with a “red stamp” and warned the Teaching Council he should not be allowed unsupervised access to children.
Despite this warning, the council renewed his practising certificate after receiving an investigation report from its Complaints Assessment Committee (CAC) and another clear police vet.
The council has refused to release the 2015 CAC decision to the Herald, citing confidentiality.
There are now calls for a review of the Clean Slate Act to ensure sexual predators cannot conceal past indecency convictions when applying to become teachers or for roles working with children.
Retired University of Auckland law professor Bill Hodge said it was counter-intuitive that Fisher was able to hide three convictions of a sexual nature from authorities when applying to work in schools.
He believed the Criminal Records (Clean Slate) Act should be reviewed to ensure the legislation was fit for purpose and not undermining child safety regimes.
Education Minister Erica Stanford and Justice Minister Paul Goldsmith refused to comment on the case specifically, but Goldsmith has requested a briefing from officials and Stanford is also understood to be making inquiries.
Lane Nichols is Auckland desk editor for the New Zealand Herald with more than 20 years’ experience in the industry.
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