The New Zealand Supreme Court has denied an appeal by a Samoan man, who was jailed for human trafficking and treating people from Samoa, like slaves. 

Joseph Auga Matamata, who had been jailed for 11 years, had his application for leave to appeal dismissed on Thursday.

New Zealand's Solicitor-General appealed against the sentence imposed on the 67-year-old. 

While the Court of Appeal dismissed the appeal against conviction, it allowed the Solicitor-General’s appeal against sentence only to the extent of imposing a minimum period of imprisonment of five years. 

In 2020, the Napier High Court jailed Matamata for taking 13 Samoans to Hastings for horticultural work over the last 25 years and overworking them for little to no pay. 

He was found guilty of 10 counts of human trafficking and 13 counts in dealing in slaves and acquitted of one trafficking charge. 

In the same year, the Crown seized Matamata’s property to pay his victims' reparations – half of his shares including shares in Hastings homes. 

In his application for leave to appeal, Matamata argued the Court erred in its conclusion, particularly the difference in wording between the old and new Crimes Act he was prosecuted under.  

But the Court dismissed the submission and considered that there is no risk of miscarriage of justice in the present case. 

“Nor do we consider the point is a matter of general or public importance…” the Court concluded. 

On his second ground of appeal, Matamata said the 13 slavery charges were brought under the Crimes Act and the Crown’s case was that the applicant had “used” each complainant “as a slave”. 

He argued the jury should have told the Crown it had to prove as an essential element of the offence that the person was entirely deprived of their freedom and liberty. 

However, the Court of Appeal also rejected this argument. 

“We see no appearance of error in the trial Judge’s direction or the Court of Appeal decision,” the Court ruling stated. “The Court of Appeal decision provides guidance for future cases. 

“As the applicant’s counsel accepted, the authorities and academic literature treat control (defined by reference to possession) as a proxy for slavery. 

“The approach taken in the Courts below reflected that.”

Furthermore, the Court ruled it does not consider it is necessary in the interest of justice to give leave to appeal (http://www.nzlii.org/nz/cases/NZSC/2022/16.html)

A statement issued by New Zealand Immigration said it welcomed the decision of the Court that sees an almost five-year investigation, prosecution and judicial process come to an end. 

Stephen Vaughan, General Manager (Verification and Compliance) at New Zealand Immigration, said the decision vindicates the strength of the prosecution and the convictions. 

“It’s extremely gratifying to see the hard work of the investigators and the prosecutors, and the commitment of the victims backed up by this decision”.

 Mr. Vaughan hopes it also brings some closure to Matamata’s 13 victims.

“They’ve had to deal with the trauma from Matamata’s offending every day for many years," Mr Vaughan said. "With appeal avenues now closed, they can finally be assured Matamata has been held accountable for the abuses he committed against them."

Th case marked the first time joint trafficking and slavery charges had been laid against an offender in New Zealand. Immigration New Zealand worked with Police and had the support of Samoan authorities in bringing Matamata to trial.