By KEVIN TAYLOR political reporter
Immigration consultant and former minister Tuariki Delamere admits exploiting immigration rules - but says he is doing nothing different to tax lawyers who seek to avoid tax.
He told Parliament's finance and expenditure select committee yesterday that Immigration Minister Lianne Dalziel defamed him by claiming last month a scheme he planned was a "money-go-round" and a "rort".
Mr Delamere admitted exploiting the system with his scheme, which uses the Talent Visa policy started last year.
"It would be unethical if I did not explore all legal options within policy for my clients. I don't work for her, she somehow fails to understand that.
"If the minister doesn't like the way applicants or consultants use her policies or the immigration law, then you change the law, you change the policy."
Ms Dalziel had made a deliberate decision to exclude the English language test from the Talent Visa.
"Don't come running to me, to the media, when we seek to exploit it," Mr Delamere said.
Ms Dalziel last month called the scheme "utterly unethical" at best and possibly illegal.
The scheme, run by Tuariki Delamere & Associates, involved avoiding the English language test requirement of the skilled business migrant category.
Under the scheme, costing the migrant $20,000 in fees, Mr Delamere's company would establish a company in the migrant's name.
Migrants cannot establish accredited firms under the Talent Visa - such firms have to be New Zealand companies and be good employers.
Ms Dalziel said Mr Delamere would then arrange for an employer accredited under the Talent Visa to offer the potential migrant a contract to run the company set up under his or her name.
Tuariki Delamere & Associates would take the salary from the migrant's company and feed it back through the accredited employer - who would be seen in the tax system as paying the salary.
She said the scheme made it appear that the policy's $45,000 minimum salary requirement was being met.
Mr Delamere told the committee he saw nothing illegal or unethical with the scheme.
He said Ms Dalziel had a personal vendetta against him for some reason.
The Talent Visa required that a migrant be younger than 55, healthy, of good character and paid at least $45,000 annually for two years.
It did not have an English language requirement.
Mr Delamere said the migrants under his scheme were coming to New Zealand for "real jobs".
One was Du Xing Hai, a Chinese man employed as a development manager for Finale Restaurant and Cabaret in Auckland, which features drag queen routines. Mr Delamere part-owns the restaurant.
Asked by Labour MP David Parker if Mr Du was effectively paying the cost of his own employment, Mr Delamere replied: "It could be seen to be that way."
But he added: " ... if he invests in the business and the business is not successful he could be in trouble."
Ms Dalziel said she was amazed a former Minister of Immigration, who should have "a higher duty of care", would admit exploiting the system.
She said she had instructed officials to change the policy to ensure the accredited employer was the migrant's actual employer.
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