Migrant Smuggling and People Trafficking Flashcards
Migrant Smuggling - what section and penalty
Section 98C Crimes Act 1961
20 years imprisonment
What are the elements to Migrant Smuggling 98C(1)?
- Arranges an unauthorised person
- To enter NZ or other state if he or she
(a) does so for a benefit and
(b) knows that person is or is reckless as to whether
that person is an unathorised migrant
What are the elements to Section 98C(2)
Tries to enter
- Arranges an unauthorised person
- To enter NZ or other state if he or she
(a) does so for a benefit and
(b) knows that person is or is reckless as to whether
that person is an unathorised migrant and
(c) either
(i) knows that the person intends to try and enter the
state or
(ii) is reckless as to whether the person tries to enter
the state
Can a person subject to subsections (1) or (2) be charged if the person does not enter?
Yes, it doesnt matter as subsection (4) and (5) outlines this.
People Trafficking - what is the section and penalty?
Section 98D Crimes Act 1961
20 years imprisonment, fine not exceeding $500,000.
What are the elements for Trafficking in subsection (1)?
- Who arranges, organises or procures:
(a) the entry of a person into, or the exit of a person out
of NZ or other state -- (i) for the purposes of exploiting or facilitating the
exploitation of the person or - (ii) knowing that the entry or exit of the person
involves 1 or more acts of coercion against the
person, 1 or more acts of deception of the
person, or both. or
(b) the reception, recruitment, transport, transfer,
concealment or harbouring of a person in NZ or
other state, - (i) for the purposes of exploiting or the facilitation
of exploitation of a person or - (ii) knowing that the entry or exit of the person
involves 1 or more acts of coercion against the
person, 1 or more acts of deception against the
person or both.
- (i) for the purposes of exploiting or facilitating the
What grounds can proceeding still be brought against person for trafficking?
Under Subsection (3) even if:
(a) parts of the process by which the person was exploited, coerced or deceived were accomplished without an act of exploitation, coercion, or deception:
(b) the person exploited, coerced or deceived -
(i) did not in fact enter or exit the state concerned or
(ii) was not in fact received, recruited, transported,
transferred, harboured or concealed.
Under section 98C, what does exploit mean?
In relation to a person means 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
What is the difference between Migrant Smuggling and People Trafficking?
- Migrant Smuggling involves the person being brought
in as an illegal immigrant with their consent and
subject to no coercion, deception or exploitation. - People Trafficking involves people brought in by
means of coercion, deception or exploitation eg:
slavery, forced labour, servitude, prostitution, removal
of organs.
The difference between the two are: - Consent - the purpose of the travel or Movement - The Relationship between the person moved and the people enabling the movement. - Violence, intimidation or coercion - Liberty - Profit
Approach (Trafficking) What are the three categories?
- Reactive Investigation - Victim led and often initiated
by an approach to the Police. - Proactive Investigation - Police led. A combination of
standard investigation techniques supplemented by
intel resources to identify and locate traffickers,
gather evidence and instigate proceedings against
them. - Disruptive Investigation - Appropriate circumstances
where the level of risk to the victim demands an
immediate response, and pro-active or reactive
approaches are not applicable.
Do you need approval from the Attorney General to prosecute for offences against 98C and 98D?
Yes but you do not need approval to arrest and oppose bail.
