Fifteen charges of exploitation of migrant workers have been laid against the business, with Patel himself facing an additional count of blackmail.
It is the Crown’s case that, over seven years, Patel underpaid multiple workers by more than $1 million, kept them in poor living conditions and had a secret recording of an employee he allegedly used as blackmail if he spoke with the Ministry of Primary Industries (MBIE).
Five employees allegedly lived in back storerooms, three in one and two at another location that did not have a shower.
The Crown said that two employees were not paid for their first three weeks as Patel allegedly claimed they were not entitled, as it was training.
Others are alleged to have worked up to 100 hours a week with no breaks, no time off and no holiday pay entitlements.
One employee gave evidence when he began working for Patel there was no discussion about pay, hours or contract.
Patel said he could offer him accommodation and then showed him a room at the back of the store.
“When I arrived at the store I asked where do I stay? They took me out the back, you can stay here and a gas stove on the bench so you can cook here and there’s a small shower out the back,” the man said.
He said he was paid around $1005 a fortnight and was paid nothing to help build Patel’s new stores after hours.
“How long did it take?” Crown lawyer Danette Cole asked about the new builds.
“Two and a half to three months,” he said.
During his employment, the man had an intimate relationship with a woman that would occur in the store. Some of the interactions were allegedly caught on camera.
At some stage, Patel’s associate Chirag Mangukiya, allegedly came to the store and then left.
“He came for some sort of hour or so then he came back and he said he forgot his cell phone. I see he left it on the counter facing down and I flipped it and I seen the screen was recording and at that time I became concerned he purposely left the phone to record,” the man told the court.
The employee grabbed Mangukiya’s phone and asked him why he was recording and noticed he had other files on his phone.
“He said you better talk to Patel,” the employee said.
Coin Saver Onerahi where the men helped build the store until 2am, unpaid. Photo / Google Maps
The employee was concerned the footage would be leaked and he would bring shame to his family. He said, Patel eventually used it as blackmail.
“Every now and then he would say ‘you should know what I know about you. So you keep working or there’s trouble’,” the man said.
“I was thinking I had to work as much as I can otherwise I was scared if something goes out, it might be very hard for me to live in New Zealand,” he said.
He said he worked from 8am until 8pm every day and would often have to eat his lunch at the front counter unless a customer came in.
“The store would close at 8 and I would have to clean and restock and that would take another hour,” he said.
He said when MBIE began their investigation in 2019, Patel allegedly told his staff not to talk to them.
“I knew Mr Patel was watching on the cameras,” he said.
‘I was very scared’
After the employee left Coin Saver, Patel showed up at his new workplace allegedly angry about the MBIE investigation and threatened him with intimate footage said to have been passed to him by Mangukiya.
The CCTV was played in court.
“I was very scared,” the man said.
“He started talking about he’s holding something against me.”
Patel then came closer to the man and showed him the footage on his phone.
The man said Patel allegedly said: “Look how many things I’m having that I hold this against you.”
Under cross-examination, defence lawyer William Nabney put to the witness the visa he was on did not require a written employment agreement.
“Not at that time no,” he responded.
Nabney said when the employee was shown the back room, he was told it was rent-free and there was wifi.
“And that was to benefit you?” Nabney asked
“Yes.”
Nabney said Patel fed him for free for three years, which he denied, and he was free to leave the store during the day if someone else was available on the counter.
“No, that never happened,” the man said.
“You weren’t there 12 hours a day were you?” Nabney asked
“I was mainly there 12 hours by myself, yes.”
Nabney pressed the witness on whether he understood the MBIE calculations for what staff were allegedly owed. “I don’t know anything,” the man replied.
“You weren’t working seven days a week, were you?” Nabney asked.
“I was.”
Further employees are expected to give evidence as the trial continues.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.