According to the authority’s recently released decision, police submitted he was “no longer suitable” to be a certificate holder employee “because he is a patched member of the Tribesmen which is a criminal gang”.
Saimasi accepted he was once a Tribesmen but said he left the gang in December 2022.
“He wanted to turn his life around,” he told the authority.
Saimasi first applied for a COA in June 2020 but that application was declined after police established he was in the gang.
He reapplied in December 2023 and a senior constable advised the police had no objection to his application.
The authority understood Saimasi was no longer a gang member and the certificate was subsequently granted.
But within two months of filing no opposition, the senior constable asked for an immediate suspension of his COA, submitting police had recent information to suggest he was an active member of the gang.
A police detective gave evidence to the authority of Saimasi attending gang events from 2019 until 2022, including a Tribesmen national gathering.
“[He] also produced photographs of Mr Saimasi wearing the Tribesmen patch and other clothing that only patched members of the Tribesmen are entitled to wear.
“He also provided photographs of Mr Saimasi MCing or attending gang events. The most recent relevant photograph was taken in March 2022.”
The authority accepted this was proof Saimasi was a gang member through to at least March 2022.
But the detective conceded he had no evidence beyond that date to establish Saimasi was still associated with or a patched member of the Tribesmen.
“As there is no evidence to the contrary, I accept Mr Saimasi’s evidence that he surrendered his patch and ceased his gang membership in late 2022 and before his COA was granted,” Patricia McConnell, of the authority, stated in the decision.
“There is accordingly no evidence to establish that Mr Saimasi is no longer suitable to be a certificate holder.”
Saimasi told the authority he would co-operate fully with police if he found himself in a situation while working where he had to provide information or evidence against a former gang associate or friend.
The complaint against Saimasi was dismissed, allowing him to keep his certificate and continue to work in security.
But it came with a warning.
“Mr Saimasi is, however, advised that should he resume any gang association or refuse to co-operate with police in the future his certificate of approval is likely to be immediately suspended.”
Gang membership is a common cause for applicants before the licensing authority to have their certificates opposed or cancelled.
In another recent decision, police filed a late objection to Murray Hale’s application for a COA.
They provided “undisputed evidence” that Hale was the president of his local chapter of the Highway 61 Motorcycle Club and therefore not fit to be a certificate holder.
But as the objection was filed after his application had already been approved, the authority accepted it as a complaint against Hale on the grounds he was no longer suitable to work in the industry due to “his character, circumstances, or background”.
The authority scheduled a complaint hearing for next month but Hale said he did not contest the police complaint and would not attend the hearing.
The complaint was instead decided on the papers, resulting in the cancellation of his COA and an order for him to return his security ID.
“The structure of Highway 61 and the role Mr Hale has with the gang means that he is likely to have loyalties to the gang which directly conflict with the standards and conduct required of a security guard,” the authority ruled.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
