Migrant Smuggling And People Trafficking

Question 1

Migrant smuggling - Enter

Answer 1

98C(1) Crimes Act 1961
Arrangements for an unauthorised migrant to enter into NZ or any other state, if he/she
a) does so for a material benefit, and
b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

Question 2

Migrant smuggling - brought into

Answer 2

98C (2) Crimes Act 1961
Arrangement for an unauthorised migrant to be brought into NZ or any state, if he/she,
a) does so for a material benefit, and,
b) either knows that the person is, or is reckless as to whether the person is an unauthorised migrant, and
c) either, knows that the person intends to enter the state, or is reckless as to whether the person intends to enter the state.

Question 3

People Trafficking

Answer 3

98D(1) Crimes Act 1961
Arrangements, organises, or procures,
a) the entry of a person into, or the exit of a person out of, NZ or any other state,
i) for the purpose of exploiting, or facilitating the exploitation of the person, or
ii) knowing that the entry or exit of the person involves one or more acts of coercion against the person, one or more acts of deception of the person, or both, or
b) the reception, recruitment, transport, transfer, concealment, or harboring of a person in NZ or any other state,
i) for the purpose of exploiting or facilitating the exploitation of the person, or
ii) knowing that the reception, recruitment, transport, transfer, concealment, or harboring of the person involves one or more acts of coercion against the person, one or more acts of deception of the person, or both.

Question 4

Define: Exploit - in 98C (Migrant smuggling & people smuggling)

Answer 4

To cause, or to have caused, that person, by an act of deception or coercion, to be involved in,
a) - Prostitution or other sexual services,
b) - Slavery, practices similar to slavery, servitude, forced labour, or other forced services,
c) - The removal of organs