Darleen Tana inquiry: Greens’ investigator won't talk to key witness
Saturday, 25 May 2024
The Green Party says it’s in “everyone’s interests” to wrap up the two-month Darleen Tana inquiry, which is examining what she knew, and when, about alleged migrant exploitation at her husband’s business.
The lawyer leading the inquiry, Rachel Burt, won’t talk to the key complainant because she says he’s come forward too late.
The complainant says that’s “unprofessional”.
The investigation into suspended Green MP Darleen Tana’s conduct will conclude without one of the key witnesses being interviewed, Stuff can reveal.
Santiago latour Palma is one of two former workers to lodge Employment Relations Authority (ERA) claims against E-Cycles NZ, the e-bike business owned by Tana’s husband Christian Hoff-Nielsen.
It was a Stuff investigation reporting Palma’s allegations which led the Greens to suspend Tana in March and appoint lawyer Rachel Burt to conduct a review of what Tana knew, and when, about claims against her husband and his business.
Palma’s ERA claim says he’s owed more than $25,000 by E-Cycles, and that for most of that time he was working illegally on a tourist visa. He claims wages were often late and went unpaid, and he raised this twice with Tana, who refused to get involved, despite Tana asking him for IT support for her political campaign.
He also claims Tana, who transferred her share of the company to Hoff-Nielsen in 2019 and stood down as a director, also oversaw the first day of his work trial at the Waiheke Island branch of Bikes and Beyond. He says he told Tana then that he was on a tourist visa, and she told him not to worry because he would be paid in cash.
Hoff-Nielsen and the company have denied all those claims, and are defending the ERA case. It will proceed to a full ERA hearing later this year. The ERA has refused to give Hoff-Nielsen an extension on filing his statement of defence to Palma’s claim until after the Burt report is filed.
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The business is also defending a second claim on similar grounds, brought by another migrant former employee, and that too will be heard by the ERA later this year.
Palma initially declined to be interviewed by Burt, after concerns from his advocate Nathan Santesso about the terms of the review, but on Thursday he called and texted Burt to tell her he was ready to talk and share evidence.
Burt never responded to Palma, but instead emailed Santesso to say that she had checked with the Green Party about timeframes “because I am soon to provide my draft report”.
“Unfortunately, to meet with Santiago at this juncture would cause further delay to completion of the investigation, which has already been underway for many weeks. Consequently, Santiago has missed his opportunity to meet with me. However, if he wishes to write separately to the Green Party and provide information directly, he is welcome to do that – like any other member of the public.”
In a statement, a Green Party spokesperson said: “From the outset of the independent investigation everyone who might have relevant information has had the opportunity to be heard.
“Our understanding is that someone who chose not to be interviewed for two months has very recently changed their mind. It is in everyone's best interests that the investigation concludes as quickly as possible and we are confident that natural justice principles will be upheld.'
Burt did not respond to a request for comment before deadline.
Santesso also declined to comment, but Palma said: “It seems really unprofessional that she hasn’t contacted me during all this time. In fact, I don’t know why she’s not responding to my messages or calls.”
Stuff understands the second worker with an active complaint has talked to Burt, as have other former staff members. Charles ‘Chuck’ Simpson, who won an ERA decision against Bikes and Beyond in 2021, said he’d been interviewed twice as part of the enquiry.