Part 4: People Trafficking and Migrant Smuggling

Question 1

In respect of People Smuggling or Migrant Trafficking, the responsibilities of the New Zealand Police are divided into what 3 areas?
PPP

Answer 1

Prevention, Protection and Prosecution.

Question 2

Section 98C, Crimes Act 1961
Smuggling migrants

Every one is liable who

(3) - 20 years max, $500,000 fine or both

Answer 2

arrange for an unauthorised migrant to (1) enter/ (2)be brought into NZ for
a material benefit; and

knows, or is reckless whether the person is, an unauthorised migrant.

Question 3

Section 98D, Crimes Act 1961
Trafficking in Persons

(1) Every person is liable who AOP

(a) EorE

(b) RRTTCH

(2) 20 years max, $500,000 fine or both

Answer 3

AOP arranges, organises, or procures the Entry or Exit, from NZ for exploitation of the person; or acts of coercion or deception

RRTTCH; Reception, recruitment, transport, transfer, concealment, or harbouring of a person in NZ for exploitation of the person; or acts of coercion or deception

Question 4

Define Exploit
Section 98D (4)

Answer 4

exploit means to cause that person, by an act of deception or coercion, to be involved in—
(a) prostitution or other sexual services:
(b) slavery, servitude, forced labour, or other forced services:
(c) the removal of organs.

Question 5

Difference between 98C and D?

Answer 5

Migrant smuggling involves those who freely consent to be brought in illegally
People trafficking involves people brought in by coercion or deception for exploitation.

Question 6

Investigative approach – people trafficking

Depending on the specific features of each case, the investigative approach options for this crime-type broadly fall into what three categories:

Answer 6

Reactive investigation- Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim.

Proactive investigation- Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them.

Disruptive investigation- Appropriate in circumstances where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches are not practicable options.