Operation Van – Justin Te Kowhai sentencing: Comancheros commander’s Rotorua-based meth syndicate ‘manager’ jailed in Auckland

Te Kowhai pleaded guilty in late June, just days before he was set to go to trial, to myriad charges including laundering money with Harrison’s help, possessing at least 150kg of methamphetamine for supply and scheming to smuggle more drugs from China, South America and the Pacific Islands.

His successful imports would have been worth tens of millions of dollars on the black market.

Op Van was already up and running in December 2017 when Te Kowhai allegedly helped Duax Ngakuru, and another cousin, Thailand-based Shane Ngakuru, set up shop in New Zealand.

He and co-defendant Jack Phillips helped introduce the Ngakurus to an area Mongrel Mob president, who after a face-to-face meeting, agreed to purchase and distribute bulk quantities of methamphetamine that the syndicate would provide, according to court documents.

Phillips, a fellow Rotorua resident who stood beside Te Kowhai in the dock today, was sentenced to 11 months’ home detention. The judge noted he had previous methamphetamine offending in 2006 but since then had been beset by a number of health issues – including a stroke and heart surgery – that would make prison disproportionately difficult for him.

“You have not offended for 20 years,” the judge noted. “You will not be able to say that now. If there’s a next time, the court might not be so understanding.”

Jack Phillips appears in the High Court at Auckland for sentencing after his arrest as part of a multi-year methamphetamine syndicate investigation dubbed Operation Van. Photo / Michael Craig

Te Kowhai and most of his co-defendants were arrested in June 2021. Their trial, however, was delayed for five years as New Zealand courts reviewed the legality of a unique international law enforcement tactic that had been used to gather evidence.

The investigation had been given a major boost by Operation Trojan Shield, an audacious global investigation in which criminals around the world were duped by the FBI and the Australian Federal Police into using a messaging service called ANOM. The app, promoted specifically to the criminal fraternity, was supposed to be encrypted – providing extra protection from police surveillance warrants. In reality, it was funnelling communications directly to law enforcement.

Most of the Operation Van guilty pleas came after the Court of Appeal determined that the fruits of the fake messaging app trick could be used even though, defence lawyers argued, it amounted to bugging a suspect without a warrant.

Authorities said the syndicate’s most audacious plan had been to collect a 1.5-tonne shipment of cocaine about 300km off the coast of Tauranga. Te Kowhai helped purchase a $180,000 boat and fitted it with $100,000 in upgrades, including night-vision capabilities for the planned clandestine meeting.

Te Kowhai arranged a crew for the ship, but the plan appeared to have been abandoned after one of the crew members was arrested.

But it was apparent that plenty of other drug smuggling attempts had been a success.

By 2018, Te Kowhai was discussing trying to convince Duax Ngakuru to invest $6m in his drug profits into a legitimate medicinal cannabis business.

Comanchero Duax Ngakuru on a luxury yacht in Turkey.

“Intercepted communications in August 2018 show that Mr Te Kowhai was worried that people would ask questions about the legitimacy of the funds …” court documents state. “Mr Te Kowhai noted … that the only way to successfully establish the business was to be ‘incognito’ and to use multiple shell companies.”

Te Kowhai sent a professional facilitator to Turkey to discuss the potential business with Duax Ngakuru. A week later, Te Kowhai set up Zymbl Capital Ltd and around $708,000 was transferred to the company.

Te Kowhai faced up to life imprisonment for the most serious of the drug charges he pleaded guilty to.

Crown prosecutor Ben Kirkpatrick asked for a sentence starting point of 30 years for all of the charges combined, pointing to his major influence over the organisation. He also sought a minimum period of imprisonment of 50%, noting that he has been assessed as a medium risk of reoffending.

“He almost connects every participant,” the prosecutor said of the syndicate, describing him as “the senior manager in charge of the New Zealand operation – certainly in the Bay of Plenty”.

Rotorua resident Justin Te Kowhai appears in the High Court at Auckland for sentencing after admitting his participation in a major drug syndicate. He was arrested following a multi-year investigation dubbed Operation Van. Photo / Michael Craig

“He’s one of the key pillars,” he said.

Defence lawyer Sam Galler disagreed, arguing that Te Kowhai should not be seen as the highest-ranking member of the syndicate who was on the ground in New Zealand. He sought a combined starting point of 23 years.

He did some recruitment for the syndicate and was an occasional fix-it man, but that’s not the same as being in charge, Galler argued.

“The recruitment isn’t a silver bullet here,” he said. “The hierarchy is complicated and nuanced because of the nature of the interpersonal relationships. He’s not a gang member. He’s friends or relatives with the main players.”

He emphasised that Te Kowhai never used violence or intimidation to recruit other members, all of whom were his friends.

Justice Robinson set a combined starting point of 29 years’ imprisonment.

Justice Michael Robinson oversees the sentencing of Justin Te Kowhai in the High Court at Auckland. Photo / Michael Craig

“Although you did not have a hands-on involvement with each drug transaction, that is not inconsistent with the leadership role,” the judge said. “You helped establish a new methamphetamine distribution channel. You recruited key participants and exercised authority over them … You resolved difficulties when they arose, and you took steps to preserve the operation after it was compromised.”

He allowed 40% in total reductions for Te Kowhai’s guilty plea, prior good character and rehabilitation prospects, mental and physical health factors and for the five years he spent on bail. It resulted in an end sentence of 17 years and four months’ imprisonment.

The judge noted Te Kowhai’s supporters described him as a dedicated family man, a frequent volunteer and a “deeply respected member of the community” who supported his local marae and his Māori trust. He also used his legitimate career as a commercial diver to do a great deal of environmental work in the area.

“There is, of course, significant tension between these admirable qualities … and your involvement and supply in such large quantities of methamphetamine,” the judge said.

He ordered a minimum term of imprisonment of at least seven years, which equates to roughly 40%.

Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.