Authorities have criticised the actions of an executive at one of New Zealand's biggest logistics firms, who slipped into the country without an MIQ voucher.
Police have been asked to investigate the new Move Logistics freight boss, who exploited a loophole to enter New Zealand without permission.
Chris Knuth is a New Zealand citizen, who grew up in Hamilton and has worked for top freight companies including Mainfreight and Toll, but has lived and worked in Brisbane for some years.
He had been frustrated at being unable to get an MIQ voucher, or entry as an essential worker or under hardship grounds after finishing his previous paid employment. So he "ran the red light" last week, by booking travel to Fiji transiting through Auckland – then on arrival at Auckland, walking through immigration and entering the country.
At the Ministry of Business, Innovation and Employment, MIQ senior communications adviser Holly Blackler said Knuth's case had been referred to the police. She warned: "Anyone arriving without an MIQ voucher will be referred to the police."
Knuth could face a court-imposed fine of up to $4000. In some situations, intentional non-compliance with the Covid-19 Public Health Response Act 2020 could risk prosecution and the possibility of a conviction, officials say.
Police confirmed this morning that they had received a referral for a breach of the Public Health Response (Air Border Order) Act 2020 and were making initial enquiries.
But Move Logistics is standing by its man. The NZX-listed company's executive director Chris Dunphy told Newsroom: "MBIE will be well aware that they are on the wrong side of public opinion."
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Knuth's actions have faced some criticism, and some public support. Commenting on the Newsroom article, one reader said, "I hope his selfish actions at the border have consequences"; another said, "we need a few thousand more Chris Knuths." A third said: "How many others have been in a similar dilemma – resigned their jobs in the expectation of returning and then been unable to? Bad law encourages bad practice.".
Business NZ chief executive Kirk Hope said: "While we don’t support breaching the border rules, we do have great sympathy for the many businesses in this situation."
Knuth's arrival placed border officials in an awkward conundrum: once he had landed in Auckland, as a New Zealand citizen, he could not be made to leave again. So he has been placed for 10 days in the MIQ facility in the Sudima Hotel in the precincts of Auckland International Airport, while the police consider their next move.
According to Dunphy, he has shown the way for other New Zealanders, and thousands will probably follow his lead.
Dunphy, too, also been stuck in Australia for three months, trying in vain to get an MIQ slot to return to Christchurch to run the company.
On announcing Knuth's appointment as chief operations officer last year, Dunphy (a former colleague at Mainfreight) had hailed Knuth's "collaborative approach to solving problems".
But he says the company didn't advise Knuth to solve his latest logistics problem in this manner. "Instead of turning left to go to transit, he turned right," as Dunphy describes it.
The company had already retained top litigator Jacque Lethbridge (who also successfully acted for Rich Lister Murray Bolton in his MIQ legal challenge) to seek a judicial review of government decisions refusing Dunphy and Knuth entry. But it says neither the company nor Lethbridge endorsed Knuth's actions.
Dunphy has told Newsroom that as executive director, he could not support Knuth running the red light – but personally he applauded it. "He went through immigration, his passport was scanned, and he went through to the bus, with nobody saying anything," Dunphy explained.
He approached a police officer and admitted he had no MIQ voucher. "The cop laughed at him and said, 'get on the bus'."
The Prime Minister announced the phased resumption of MIQ-free travel into New Zealand on Thursday, less than 24 hours after Knuth arrived at Auckland Airport. That has allowed Dunphy to book a February 28 trip home to New Zealand – but he said the company intended to continue its application for a judicial review, on principle. He said government actions in barring the return of Kiwis from around the world was in breach of the Bill of Rights, and businesses needed greater certainty.
At the Department of Prime Minister and Cabinet, Covid-19 group spokesperson Aidan Doyle issued a statement to Newsroom, saying last week's announcement of a five-step plan to reconnect with the world provided certainty to sectors, and employers needing to access skilled workers from offshore and undertake business travel.
Step 1 allows fully-vaccinated New Zealanders like Dunphy, and other currently eligible travellers, to arrive from Australia and self-isolate on arrival, without going through MIQ.
At Step 2, just two weeks later, this will be expanded to fully vaccinated New Zealanders and other currently eligible travellers from the rest of the world. Other travellers become eligible in phases until October when the visitor and student visas open.
"For now, however, all travellers must have a valid MIQ voucher on arrival in New Zealand," Doyle said.
"Attempting to circumvent this legal requirement while thousands of New Zealanders, often in very difficult circumstances, wait for their MIQ slot, is unacceptable.
"Unplanned entries have potential to risk the health and safety of New Zealanders and authorities are taking a zero tolerance approach to such behaviour. Anyone arriving without an MIQ voucher will be referred to the police."
