People Trafficking and Migrant Smuggling

Question 1

Difference between Migrant Smuggling and people trafficking

Answer 1

Migrant smuggling involves a person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

People trafficking involves a person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.

The differences between the two offence types 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.

Question 2

Investigative approach – people trafficking

Answer 2

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.

Question 3

Penalty for Migrant Smuggling and people trafficking

Answer 3

20 years’ imprisonment or a fine not exceeding $500,000 or both.

Question 4

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D Crimes Act 1961?

Answer 4

Yes but you do not need approval to arrest and oppose bail.