MP advocating ‘Kiwi values’ was judged unfit to run pub
The NZ First MP behind a ‘‘values’’ bill which could expel migrants was once judged unfit to run pubs because of his criminal record.
Clayton Mitchell wants new migrants to sign up to a cultural ‘‘code of conduct’’ that includes a commitment not to campaign against the legality of alcohol.
Mitchell is a former publican – but his licence to run a bar was cancelled after a series of incidents. They included a suspended prison sentence for assault – which a judge called an act of serious violence – and a dangerous driving conviction.
Two years later, Mitchell won back his certificate – supported by a reference from former police officer Brad Shipton, who was subsequently disgraced over a rape conviction.
The second term MP initially didn’t want to be interviewed by Stuff. ‘‘Is this one of your dirty little stories? You better get your facts right, because I tell you what, you better get your facts right or you’ll get yourself in a hell of a lot of trouble,’’ he said.
In a subsequent response to emailed questions, however, he acknowledged:
❚ A conviction of assault with intent to injure in what a judge described as an ‘‘act of serious violence on your part’’.
❚ A conviction for dangerous driving.
❚ A conviction for a ‘‘lock-in’’ at one of his bars – allowing customers to drink outside of the licensed hours.
Mitchell is now one of NZ First’s rising stars. The former Tauranga MP made a splash at the party’s annual conference last weekend with his ‘‘Respecting New Zealand Values’’ campaign.
It has been criticised by some as xenophobic, and rejected by Prime Minister Jacinda Ardern. But Mitchell says his legislation is about ‘‘inclusion’’ and ‘‘against bigotry’’.
The bill would require new immigrants to sign up to so-called ‘‘New Zealand values’’, including respect for gender equality, legal sexual preferences, freedom of religion and a commitment not to campaign against alcohol consumption.
Yesterday he told Stuff: ‘‘I’m not a saint, nor am I running to be the next pope but I am a New Zealander with real life experiences who believes we should stand up and fight for our egalitarian culture and values.’’ Mitchell, 46, didn’t attend the 1998 hearing when his general manager’s certificate was cancelled by the Liquor Licensing Authority. He was in Australia – and his absence was heavily criticised by the authority.
He had been running Straight Shooters bar in Tauranga. Police – unhappy after a string of late-night incidents – asked the authority to cancel his general manager’s certificate on the grounds: ‘‘That the conduct of the manager is such as to show that he is not a suitable person to hold the certificate.’’ They presented evidence of his criminal record. Mitchell was convicted in the Tauranga District Court of assault with intent to injure while employed as the pub’s duty manager.
Sentencing notes said the incident was ‘‘entirely out of character and totally unpredictable and unexpected but nevertheless was an act of serious violence on your part’’.
In an interview with Stuff in 2015, Mitchell claimed he was defending himself from a power-lifting gang member, and was left with a with a black eye and swollen face, but the authority’s documents make no mention of this.
He was given a prison sentence of nine months, suspended for a year, and fined $2000. An order was made for half the fine to be paid to the complainant.
He had also been convicted of allowing customers into Straight Shooters after licensed hours – 4.30am on Sunday, September 15, 1996. Police officers had found 14 people at a lock-in at the bar, including Mitchell. He was fined $300.
Yesterday, Mitchell told Stuff that incident amounted to a ‘‘frustrating technical breach of the rules’’.
‘‘I had a staff party in one of my businesses and there were no patrons present.
‘‘I was not selling liquor, I was saying thank you to a great bunch of staff who worked bloody hard for the business and really deserved a token of my gratitude by shouting them a couple of drinks after work.’’ The hearing – before Judge JP Gatley in Tauranga – also heard that Mitchell was convicted of driving in a dangerous manner in March 1994, and fined $250.
And there was a pending charge that also worried police. Officers had visited the bar in October 1997 at 1am and found ‘‘a large crowd of patrons’’ who claimed they were there for a pool tournament.
It was out of licensed hours – and customers were only allowed to consume alcohol with food. ‘‘Mr Mitchell was duty manager; he tried to indicate to patrons with ‘eating and knife and fork motions’ that they were on the premises for the purpose of dining. When questioned about his actions Mr Mitchell indicated he wasn’t trying to obstruct the police,’’ police told the authority.
Police came back a couple of hours later, to find the same people there, still not eating. The officers described Mitchell as ‘‘unco-operative’’ and he was charged with the unauthorised sale or supply of liquor.
The hearing was set down at the Napier District Court, but the outcome isn’t clear.
Police Sergeant Wayne Mills told the authority that as a result of his record and these incidents: ‘‘The police do not consider Mr Mitchell a fit and proper person to hold a general manager’s certificate.’’
Mitchell enlisted his father Allard Mitchell – a publican for some 30 years – and Brad Shipton to give evidence in support of retaining his certificate.
Allard Mitchell took over running the pub when his son left for Australia.
He told the authority hearing: ‘‘I manage the premises. Clayton has the status of a silent partner and takes no part in the management of the premises.
‘‘He is currently overseas and is not expected to return in the near future.’’
Shipton – who was then running a private investigator and security company – was called to give evidence in support of the respondent.
In 2005, Shipton was jailed for 81⁄2 years for his part in a violent pack-rape of a Mt Maunganui woman in 1989.
The authority was not swayed and canceled the certificate. By 1998, Mitchell was back in the country and asked the Liquor Licensing Authority to give him another chance. The authority reinstated his certificate in October 2000.