KEY POINTS:
The firm an Iraqi immigration fraudster set up under a dual identity is being investigated by the Companies Office.
Salam Mansoor Abdelabbas Al-Bawi registered the company under the name John Joseph just a fortnight after he was sentenced for immigration fraud committed under the Joseph alias.
Al-Bawi was
sentenced to six months' home detention in March after admitting charges of fraudulently using the Joseph identity to obtain New Zealand residency, citizenship and a passport.
He registered the company - Bawi Ltd - in April and used it to buy the Fishmonger fish-and-chip shop franchise in Birkenhead. The Companies Office register lists John Joseph as its sole director and shareholder.
The Companies Office requires applicants to declare they have not been convicted of a crime involving dishonesty in the past five years.
A spokeswoman for the office said one of the charges against Al-Bawi - using a document with intent to defraud - "technically" fitted this requirement.
She said it was an offence to knowingly make a false or misleading statement during the company incorporation process and the penalty could be up to five years' jail or a fine of up to $200,000.
The Companies Office had only just become aware of Al-Bawi's conviction and his alleged dual identity, she said.
It would investigate before deciding whether to refer the case to the Ministry of Economic Development's enforcement unit for prosecution.
The Companies Office could also consider other action, such as removing Bawi Ltd from the register.
The spokeswoman said all company registrations were accepted at "face value". The Companies Office was not required to check with other Government agencies, confirm an applicant's identity or investigate criminal histories.
She said neither the police nor the courts were required to advise the Companies Office of directors or intending directors convicted of a crime. Data-matching was also limited by the Privacy Act.
Al-Bawi came to New Zealand in 2000, and court documents show he had a violence conviction in Denmark that he did not declare.
The Department of Internal Affairs is now investigating his citizenship.
Al-Bawi's lawyer Paul Davison, QC, intends to appeal against his convictions on the grounds that the guilty pleas were made without the right advice from an earlier lawyer.
Al Bawi's immigration lawyer Richard McLeod has said John Joseph was his legally registered second name in Iraq and there were documents to prove it. Mr McLeod declined to comment last night.