New Zealand Customs is promising to 'fool-proof' its passenger processing after a border official mistakenly let a British tourist accused of involvement in an alleged roofing scam leave the country while on bail.
James Nolan arrived in New Zealand in late November and was arrested in January after allegedly assaulting a woman using a car near Takapuna Beach.
He was later charged with using a false roofing business card and invoice as if they were genuine.
On January 25, he was granted bail – a decision that police told 1 NEWS they opposed in court.
A warrant for arrest was issued by police on January 29 after he failed to appear at Auckland District Court for a hearing.
Customs Border Operations Manager Terry Brown has told 1 NEWS Nolan left New Zealand in the afternoon of Saturday January 26 under the guise of a false identity, using a genuine passport that had not been reported lost or stolen.
"We established this late last week in consultation with other agencies including police. Police had concerns about the person having left the country and made inquiries with us and we confirmed through the identity matching the error had occurred."
Police issued a public appeal for help to try find Nolan twice after he had fled, as recently as a week ago.
Mr Brown said Nolan used the eGate process.
"Regrettably he was referred automatically to an officer of customs who uses our decision review tool.
"Regrettably that officer erred in judgement in making a match between the biometric identity through the eGate or his e-passport chip, and the image that he presented at the eGate," Mr Brown said.
"There was sufficient doubt that the officer should have referred the individual for a second-tier examination which would have required a face-to-passport check and provision of further identification to substantiate his identity. That did not occur."
He said the incident was unacceptable.
“We are not happy about it and yes, it does not reflect us well.”
Mr Brown said there was no obvious change to the appearance of Nolan from his well-publicised police mug shot, except for the fact he had contorted his face with no double chin visible to the customs officer.
He said Customs is "very disappointed and upset about this" and so will be reviewing its processes and making changes.
"We will do what we need to do to make sure that the processes and systems are better aligned and are fool-proof," he said.
Mr Brown said customs successfully facilitates the legitimate movement of 14 million passengers in and out of New Zealand per year, but also has a vested and regulatory role to stop people who should not be travelling.
Customs Minister Kris Faafoi said he had been given an assurance that Customs would be “extra-vigilant” when the electronic gate warns there is an issue.
“They would have preferred it didn’t happen.
“I would have preferred it didn’t happen, there was human error at play and a review of the situation will get done - we don’t want it happening again,” he told 1 NEWS.
Detective Senior Sergeant Bridget Doell of Auckland City Police said it is believed Nolan used an associate’s passport and police are actively investigating its use.
Interpol has been notified and police continue to liaise with their partner agencies both in New Zealand and offshore, Ms Doell said.
A spokesperson for Customs said the agency is unaware of any other time that a person has tried to get through Customs using a passport that has not been reported as missing or stolen.
Mr Brown said the last time a fugitive has fled the country while being on bail or temporary release, and the only other example in modern times, was prisoner Phillip Smith in 2014, who obtained a passport under his birth name.
Two other alleged scammers, Tommy Ward and William Donohue, appeared in the Hutt Valley District Court last week via video link, charged with using a false roof care business card and invoice.
A hearing at Wellington District Court later saw a request for bail for Ward and Donohue declined.
They are in the country on holiday visas, and were remanded in custody to reappear in the Auckland District Court on March 8.
Another two men linked to the roofing scam, whose identities are suppressed, are in custody and will face court again in April.
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