People Trafficking and Migrant Smuggling

Question 1

Smuggling Migrants (1) - Section, Act, Elements

Answer 1

Smuggling Migrants Section 98C(1) CA1961

• Arranges for an unauthorised migrant to enter New Zealand OR any other state if he or she
• does so for a material benefit; and
• either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant. j

Question 2

Smuggling Migrants (2) - Section, Act, Elements

Answer 2

Smuggling Migrants Section 98C(2) CA1961

• Arranges for an unauthorised migrant to be brought to New Zealand or any other state, if he or she
• Does so for a material benefit; and
• either knows that the person is, or is reckless as to whether the person is an unauthoriesed migrant and either;
• knows that the person intends to try to enter the state OR is reckless as to whether the person intends to try enter the state.

Question 3

Trafficking in Persons (1)(a) - Section, Act, Elements

Answer 3

Trafficking in Persons 98D(1) CA1961

• Arrangers OR organises OR procures
• The entry of a person into OR the exit of a person out of
• New Zealand OR any other State
• For the purpose of exploiting or facilitating the exploitation of the person; or
• Knowing that the entry or exit of the person involves 1 or more acts of deception of the person, or both

Question 4

Trafficking in Persons (1)(b) - Section, Act, Elements

Answer 4

Trafficking in Persons Section 98D(1)(a) CA1961

• Arranges OR organises OR procures
• the reception OR recruitment OR transport OR transfer OR concealment OR harboring of a person in New Zealand Or any other State
• For the purpose of extorting OR facilitating the exploitation of the person; OR
• Knowing that the reception, recruitment, transport, transfer, concealment or harboring of the person involves 1 or more acts of coercion against the person OR 1 or more acts of deception of the person OR both.

Question 5

Difference between Smuggling Migrants and Trafficking in persons

Answer 5

Smuggling migrants involves a perosn hwo has freely consented to be brought to New Zealand as an illegal immigrant and is not subject to coercion or deception.

Trafficking persons involves a person who is brought to New Zealand by means of coercion and / or deception for the purpose of forced labor, organs, sexual exploitation.

Question 6

Investigative approach - People Trafficking

Answer 6

Reactive Investigation - Victim led and initiated by the victim or another person on their behalf.

Proactive Investigation - Police led, standard investigation to identify and locate traffickers

Disruptive Investigation - Appropriate in circumstances where the level of risk to the victim demands an immediate response.

Question 7

What is the penalty for people trafficking and smuggling?

Answer 7

Term of imprisonment not exceeding 20 years or

A fine not exceeding $500,000.00

or Both