KEY POINTS:
Two immigration officers, backed by two police officers, told a hairdresser to stop rinsing her client's hair before interrogating her about her marriage and residency status and throwing her in jail for 36 hours.
But the Department of Labour has defended its actions, saying the woman had been unlawfully in New Zealand for more than two years and was working illegally.
Last Tuesday, English-born migrant Anita Moon, 50, was washing colour out of a customer's hair in Patumahoe when she was accosted by the authorities.
It was not until Thursday morning that she was released, after Port Waikato MP Paul Hutchison made inquiries with Immigration Minister Clayton Cosgrove.
"I had a bit of a nightmare time," Mrs Moon said.
"It was horrendous. They took me off to one side and went through a list of questions. As they were going through the list the phone rang. My husband had been taken to hospital that morning by ambulance because of a seizure. It was the result of a head injury from a motor accident in September."
Her husband's status at the hospital was stable, but he was being prepared for a CT scan on his brain, Mrs Moon said.
"When I'm on the phone they're telling me to finish the call."
A short time later the immigration officers asked police to take Mrs Moon into custody.
She believed the drastic decision by the Department of Labour was based on an incorrect tip-off that she was living in a "marriage of convenience".
She said at one stage her two-bed cell at Manukau had three people in it. The toilet had no walls and was in full view of the showers that other prisoners used.
"There was no soap, no towels, no pillow."
She told the Herald she arrived in New Zealand in 2002 as a tourist and had been here since.
In early 2004 she met Rangi, 43, and by June they were married. She said she loved her husband and their marriage was forever.
But Department of Labour border security manager Api Fiso said committing to a relationship with a New Zealander did not automatically grant someone a right to be in the country.
A partnership permit was required to prove the relationship was genuine.
While accepting that Mrs Moon had probably not followed correct Immigration procedures, Mr Hutchison criticised the Department of Labour for its "excessively heavy-handed" approach.
He said Mrs Moon had never hid from authorities and had acted in good faith.
"She has her own hair salon business with her name all over the place," he said. "She tried to negotiate through the minister and Immigration and the IRD."
Mr Hutchison said that Mr Moon was told as he lay in a Middlemore Hospital bed last week that his wife could be deported.
On hearing this, Mr Moon requested the removal of his bedside drip and discharged himself, missing his CT scan.
Mr Fiso said Mrs Moon had been in New Zealand illegally since January 2005.
A serious allegation was received by the department, and an investigation into her case was started.
In what was "standard practice", Mrs Moon was served with a removal order and taken into custody for an interview, as officers also spoke with her husband and her associates.
After this it was decided Mrs Moon should be given "the opportunity to legalise her status in New Zealand", and she was released.
Mr Fiso said staff made "every effort to treat people with respect and consideration of their circumstances."
He acknowledged the situation was "upsetting" but no apology was offered to Mrs Moon.
The department says 17,364 overstayers were in New Zealand last October.
THE RULES
Most visitors to New Zealand receive a three-month visitor permit when they arrive.
This can be extended to six months by making an application, but it is more difficult to arrange a longer stay after the six months expires.
Migrants can apply to live and work in New Zealand as "skilled migrants", or can apply for a "work to residence" permit through the Department of Labour.
People aged between 18 and 30 can apply for a working holiday permit. Length of stay depends on the nationality of the applicant. Visitors from Britain can work and stay for up to 23 months.
Temporary work visas and seasonal work permits can also be granted.
A relationship with a citizen or resident is a reason for being allowed to stay in New Zealand, but the relationship must be proven to be genuine
