Ministry of Business, Innovation and Employment v Imai Food Services Ltd [2016] NZDC 26637

Published 06 April 2017

Sentencing — Immigration Act 2009 — paying under the minimum wage — Minimum Wage Act 1983 — failing to pay the amount required — providing false and misleading information to the Immigration Department. The company, Imai Japanese Food Services Limited and its sole director were for sentence on charges under the Immigration Act and the Minimum Wage Act. The company pled guilty to two charges under the IA of paying under the minimum wage and the director pled guilty to charges under the MWA of failing to pay the amount required and to charges of providing false information to the Immigration department. The Judge departed from the typical sentence of imprisonment or electronically monitored home detention due to the defendant's family circumstances. Instead a $5000 fine was imposed on the company and a $10,000 fine on the defendant director. Costs were also ordered to be paid. Although aggravating features included the nubmer of employees involved, the premeditation and the exploitation of vulnerable people, the defendant receivied some discount for her previous good character, guilty plea and actions to remedy the breaches. Judgment Date: 23 December 2016.