Chris Knuth, the Move Logistics executive who blagged his way through the border and into the managed isolation and quarantine system last week, could be facing legal fallout from the move.

Knuth, a New Zealander and recently appointed chief operating officer of NZX-listed Move Logistics, one of the country’s biggest freight and logistics groups, exploited a loophole in NZ’s border rules by booking a flight to Fiji from Brisbane, transiting Auckland last week.

Instead of heading on to Nadi, Knuth stepped through immigration and joined the queue exiting the airport into MIQ. He wasn’t challenged and ended up as a 10-day guest at the Sudima hotel. 

The former Mainfreight executive was recruited by Move in October but had been unable to confirm an MIQ place after applying under essential worker status, hardship grounds and via the conventional lottery system.

After the online booking system was suspended last month due to an “unprecedented” number of omicron cases coming into MIQ, Knuth opted for “Plan B”, arriving on the flight last Wednesday evening.

A NZ citizen who makes it to the border cannot be refused entry.

Knuth's end-run around the covid immigration system occurred just before last Thursday’s announcement that arrivals from Australia will be allowed to enter and self-isolate from Feb 28, as part of an incremental opening of NZ's borders.

While Knuth has become the poster child for exploiting the loophole, a spokesperson for the department of the prime minister and cabinet , described moves to sidestep the system as “unacceptable”.

“Unplanned entries have potential to risk the health and safety of New Zealanders and authorities are taking a zero tolerance approach to such behaviour.”

A police spokesperson confirmed they’d received a referral for a breach of the Public Health Response (Air Border Order) Act 2020 and were making “initial enquiries.” 

Prosecution possible

Knuth, who has been paid a salary by Move since Dec 1 but is receiving no other financial support from the firm, could now face a fine of up to $4,000, if a court were treat it as a minor risk event. 

"In some situations, intentional non-compliance with the COVID-19 Public Health Response Act 2020 could risk prosecution and the possibility of a conviction,” the DPMC spokesperson said.

However, Auckland lawyer Tudor Clee doesn’t think the infringement merits more than an infringement notice, pegged at $1,000, and will not go “on the record” as a criminal offence. 

Clee knows a thing or two about MIQ appeals. He represented pregnant Kiwi reporter Charlotte Bellis, who claimed she was stuck in Afghanistan because she could not get an MIQ spot. Clee doesn't know of any cases where fines have been levied to date.

Knuth said he had yet to hear from the police. 

Move Logistics chief executive Chris Dunphy, who hired his former Mainfreight colleague in October, said the firm will welcome him at work “after a fruitless three months of applying for a non-existent MIQ allocation”.

Dunphy has also been shut out of NZ by the MIQ lotto system since November but has now booked his flight back on Feb 28. 

He said the firm will continue to pursue a judicial review of the process and had engaged Martelli McKegg litigator Jacque Lethbridge, part of the team who successfully represented businessman Murray Bolton in his efforts to self-isolate after a business trip to the US.

Regular challenges

MIQ head Chris Bunny said there had been 14 legal claims brought against the MIQ system since January last year, or about one per month. 

Nine of those related to people seeking emergency allocations.

Clee said he was challenging another two MIQ cases involving pregnancies and was aware of others who were planning to come in on the transit loophole, other than those who “may have decided to wait it out”.

Clee said that under section 13 of the Immigration Act, NZ citizens may enter NZ at any time, so there is “no legal way for immigration or government officials to stop a NZ citizen, force them on a plane or prevent them stamping in”. 

Further muddying the waters, Knuth told BusinessDesk he has now received confirmation that his MIQ application has been approved with a space reserved from Feb 2 – the date of his arrival.