A leaked report from the investigation into allegations former Green MP Darleen Tana was involved in migrant exploitation reveals the difficulties the investigator encountered and why it took more than 100 days to complete.

The report also claims Tana’s husband, who is implicated in the allegations, gave evidence that “tended to obfuscate rather than elucidate”, which was one of the key difficulties holding up the investigation, and that Tana’s evidence “evidence shifted over the investigation”.

It comes after Tana resigned from the party and Green co-leader Chlöe Swarbrick says she feels “utterly betrayed” and lied to by Tana, claiming the report proves the MP’s actions fell short of expectations.

Tana denies the report shows she was involved in migrant exploitation and claims the party had already made its decision regardless of the report’s content.

The allegations relate to Tana’s husband Christian Hoff-Nielsen’s bicycle company, in which claims of missing pay formed a complaint to the Employment Relations Authority (ERA). Hoff-Nielsen has denied the allegations.

A section of investigator Rachel Burt’s report, leaked to Newstalk ZB’s Heather du Plessis-Allan Drive show, outlined the objective to ascertain whether Tana – who was reportedly involved in her husband’s business – was “operationally involved in E-Cycles NZ when the breaches of employment standards or conditions are alleged to have taken place”.

Burt admitted the investigation had been “complicated” as she could not compel witnesses to speak to her or direct what documents she could receive.

“Consequently, in this investigation, I was presented by some witnesses with seemingly selective or partial information, and by others with information that was voluminous and relevance unclear,” the leaked report said.

She identified key difficulties being the two complainants not wanting to meet her “at the outset” and only providing certain documents and people she deemed relevant not wanting to be interviewed.

Burt also found Hoff-Nielsen had not provided a “coherent or consistent verbal account” and his evidence “tended to obfuscate rather than elucidate”.

Christian Hoff-Nielsen, husband of Darleen Tana. Photo / Jason Oxenham

“[Tana’s] evidence shifted over the investigation with different explanations as to why that was so, requiring significant cross-referencing to earlier accounts and documentation to come to findings.”

She added that a representative of a complainant also sent her 500 pages of “new and relevant” information just as she was finalising her draft report.

“Consequently the investigation process took longer than anticipated, and coming to findings as required time-consuming and considered analysis.”

Both Swarbrick and co-leader Marama Davidson had previously expressed frustration that the investigation had dragged on, lasting 114 days before Swarbrick spoke to media on Monday.

Tana has been contacted for comment.

In a statement, Green Party whip Ricardo Menéndez March said he would not provide comment on the report’s contents until “all named parties have been consulted with”.

Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.

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