Former immigration minister Tuariki Delamere bankrupt, immigration licence revoked

Tuariki Delamere became a high-profile immigration adviser after leaving politics. Photo / Jason Oxenham

By Gill Bonnett of RNZ

A former immigration minister has been stripped of his licence to practise as an immigration consultant, after losing a court battle and being declared bankrupt.

Tuariki Delamere, who became a high-profile immigration adviser after leaving politics, told RNZ he “made a dumb decision many years ago”.

In 2012, he made a deal with Chinese businessman Yingheng Liu, who sought residency through a business visa.

Liu put $500,000 into a venture that referred clients to Delamere, but his visa was rejected.

Delamere unsuccessfully appealed a 2021 judgment on the money as far as the Supreme Court. Liu returned to the High Court last month, asking for a bankruptcy adjudication, after less than $95,000 was returned.

Immigration Advisers Authority registrar Duncan Connor said, as an undischarged bankrupt, Delamere was prohibited from being a licensed immigration adviser. His licence was cancelled on Tuesday.

Delamere indicated he would appeal the bankruptcy.

The court heard TDA Botany, which had Liu’s $500,000, assumed responsibility for paying the wages of two of the existing employees of TDA Immigration.

“Once Mr Liu obtained permanent residency, he had the right to transfer his shares in TDA Botany back to Mr Delamere in return for repayment of the funds held on term deposit,” said the initial court ruling. “The agreement did not prescribe what was to happen if his application for permanent residency was declined, as in fact occurred.

“Immigration New Zealand was not convinced that Mr Liu had committed the funds held on term deposit for use in TDA Botany’s business. Further, it considered that TDA Botany had effectively retained the services of two existing employees and had not created the three new employment positions required in accordance with the Entrepreneur Plus scheme.”

Delamere helped Liu appeal to the Immigration and Protection Tribunal and the High Court, but both were unsuccessful.

“Mr Liu then asked Mr Delamere to repay the funds held on term deposit, but discovered that most of the money had been transferred to a current account used to meet TDA Botany’s operating expenses.

“Mr Delamere had instructed the bank to transfer the funds because, contrary to the agreement, Mr Liu was not in fact the sole signatory on the term deposit account. Both Mr Delamere and his son had the ability to give the bank instructions about the use of the money on term deposit.”

Delamere was taking a complaint to the Banking Ombudsman over advice he said he received about withdrawing money from the term deposit account.

He said he sold the business to his daughter last year, although he still appeared as a director and shareholder on the Companies Register of TDA Wellington and Botany.

The information also showed Liu owned a 30% share of TDA Botany.

Delamere, who was an MP from 1996-99, was acquitted of fraud charges related to business visa applications in 2007, afterwards claiming the Serious Fraud Office had orchestrated a vendetta.

– RNZ