Police are worried NZ systems are not robust enough to deal with Kiwi deportees from Australia. Photo / Getty Images
Newly released intelligence reports lay bare the extent of concern police have about the impact of "501" deportees - and their fears that the system to reintegrate deportees is not robust enough, potentially endangering the public.
A total of 2572 people were deported from Australia to New Zealand between January 1, 2015 and February 28, 2022 - more than double the number expected when Australia began the policy in 2015. Over the same period, New Zealand has deported 32 Australians.
Almost half (49 per cent) of the 501s had reoffended since arriving in Aotearoa, with crimes ranging from violence offences to drug and traffic violations.
The Police intelligence reports reveal concerns about whether the system was strong enough to manage deported child sex offenders and gang members in particular.
The policy was introduced by Australia in 2015 and provides for the deportation on character grounds of anyone who has been sentenced to more than 12 months in prison or convicted of child sex offences. A small number are also deported solely on "character" grounds - most often due to gang links or if they are considered a risk to national security.
The police reports, released to the National Party under the Official Information Act, chronicle a raft of concerns, ranging from gang violence and child sex offenders being housed near schools and parks, to mental health issues.
They warn of the likelihood deported gang members would attempt to bribe and corrupt government and public officials, part of the gang modus operandi in Australia.
And in 2019, police raised a red flag that systems in place to manage the deportees were stretched and public safety could be put at risk.
The papers showed about 10 per cent of returnees had committed child sex offences - 85 child sex offenders were deported to New Zealand between 2017-18.
The reports said a lack of accommodation options meant offenders had sometimes been housed close to schools, parks and other locations frequented by children.
Although only 5 per cent of the deportees were known gang members, their impact on New Zealand's gang scene was highlighted throughout the police reports.
The reports stated those in the Australian gangs, such as the Comancheros and Mongols, were more likely to be carrying firearms wherever they went, and that increased the risk inter-gang conflict would spill on to the streets and impact the public.
The reports noted Australia's gangs were known for "sophisticated criminal business models, extreme violence and global networks" and that was evident in New Zealand.
"Comancheros MC in particular has shown propensity for attempting to corrupt government and public officials, attempts which have almost certainly continued in NZ," a report said.
Their arrival had led to "over-saturation of the gang environment, fuelling territory conflict" - and had changed the nature of inter-gang conflict for the worse, the report said.
National Party police spokesman Mark Mitchell said the escalation in gang violence in the country in recent years – including drive-by shootings and firearms incidents – was largely attributable to the 501s. Nowhere near enough had been done to address it or to keep track of most of the 501s after they arrived.
"It is a complete failure on the Government's part to make sure they know who these people are, what they're doing and to put effort into reintegrating them," Mitchell said.
"The Government became aware fairly early on about the new level of violence, organisation and funding the 501s brought with them. They've allowed things to grow into a situation where gangs are operating with impunity, taking over public places and the roads, and police are dealing with gun violence on a frequent basis."
Asked how the Government had responded to the concerns in the 2019 report, Police Minister Poto Williams said since then more funding had been given to Pars (Prisoners Aid and Rehabilitation Services), the social services organisation charged with reintegration, and the Government had recruited about 1400 more police. That was on top of pre-existing policies which included imposing Returning Offenders Orders on many to restrict their associations and allow Corrections to supervise them.
The papers also pointed to difficulties in getting comprehensive information about the deportees from Australia - a situation which led to a convicted drug trafficker getting a job as a baggage handler at Auckland Airport.
Rehabilitation support had also been an issue - police cited an instance where a child sex offender was not engaged in a rehab programme after his 2016 deportation and was subsequently imprisoned in 2018 for indecent acts against two children, assaulting one.
Mental health assistance for 501s was also considered insufficient.
A 2019 report included a Ministry of Health estimate that up to 90 per cent of 501s had some level of mental health or addiction issue that often stemmed from disruptive childhoods, domestic violence or child abuse.
However, due to limited resources, airport police had been tasked with providing information to 501s without being trained or qualified to advise on mental health matters.
It was stated the poor support framework hindered reintegration efforts and would cause some 501s to revert to their criminal behaviour, putting the public at further risk.
A police spokesperson said the response to deportees was continually reviewed to ensure their transition into society was facilitated smoothly and any risk to communities was managed.
Many of the deportees were subject to returning offender orders, which meant they had to adhere to special conditions such as not consuming drugs or alcohol, being electronically monitored or attending rehabilitation programmes.
As of April 14, 1716 people had been subject to those orders since November 2015. There were currently 240 deportees subject to a returning offender order in New Zealand and were managed by the Department of Corrections.
In September 2016, Corrections introduced a reintegration framework that assisted deportees accessing accommodation, education, healthcare and other services.
New Zealand Governments had repeatedly pushed Australia to ease the policy.
Prime Ministers John Key and Jacinda Ardern both urged Australia not to deport those who had lived in Australia for a long period of time – including some since childhood.
However, Australia's Prime Ministers had repeatedly refused to budge – and the numbers will increase if current Australian PM Scott Morrison's proposed law change to expand the grounds on which deportations can occur goes ahead. That may depend on the outcome of Australia's election.
Williams, who was made the lead minister on the 501s in 2021, said New Zealand's message on Australia's 501 policy was very clear.
"The Prime Minister has described the policy as being corrosive in the transtasman relationship and in February 2020 asked that Australia stop exporting their problems and only deport genuine New Zealanders who have clear connections to this country."
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