People trafficking and Migrant Smuggling

Question 1

What is the Police response to this subject?

Answer 1

Prevention, Protection and Prosecution

Question 2

Section 98C, Crimes Act 1961

Smuggling migrants

Answer 2

Subsection (1) - 20yrs imprisonment

(1) Everyone who
(2) Arranges for an unauthorised migrant to enter NZ or any other state, if he or 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

Subsection (2) - 20yrs imprisonment

(1) Everyone who
(2) Arranges for an unauthorised migrant to be brought to NZ or any other state, if he or she -
(a) does so for a material benefit, and
(b) either know that the person is, or is reckless as to whether the person is, an unauthorised migrant, and
(c) either -
(i) know that the person intends to try to enter the state, or
(ii) is reckless as to whether the person intends to try to enter the state

Question 3

Section 98D, Crimes Act 1961

Trafficking in persons

Answer 3

20yrs imprisonment

(1) Everyone who
(2) Arranges, organises or procures

(a) the entry of a person into, or 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 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 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 harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.

Question 4

Exploit

Answer 4

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

Question 5

What is the difference between migrant smuggling and people trafficking?

Answer 5

Migrant smuggling = freely consented to be bought into NZ as an illegal immigrant and is not subjected to coercion or deception

People trafficking = Person who is bought into NZ by means of coercion or deception

Differences include:

• Consent
• Purpose of travel or movement
• Relationship between the person moved and the people enabling the movement
• Violence, intimidation and coercion
• Liberty
• Profit

Question 6

What are the three categories of investigation approaches?

Answer 6

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

Proactive investigation - Police led. Combination of standard investigation techniques supplemented by intelligence resources

Disruptive investigation - Appropriate in circumstances where the level of risk to the victim demands and immediate response and proactive/reactive approaches are not practicable options