Yes, he is living in NZ illegally — he is not a citizen and does not have a visa. And, yes, he was told about it some years ago and did nothing.
But police carting him away from his workplace and sticking him in a cell is a very heavy-handed way of addressing the issue.
"It was bloody cold for a couple of days, it's quite dehumanising actually," is how he described his incarceration.
Surely a less aggressive approach was called for — a phone call, an interview, a clear warning that he needed apply for residency or a visa or he could be deported.
What happend this week does not reflect well on either Immigration NZ or the police.
Following his ordeal, Mr Middleton has already had numerous calls of support — just as he did when he faced jail for threatening his daughter's killer — all expressing the hope he will be allowed to stay here.
That would seem to be the right solution.