People Trafficking and Migrant Smuggling

Question 1

PEOPLE TRAFFICKING SECTION

Answer 1

S98D CA 61 $500,000 20 yrs

Question 2

MIGRANT SMUGGLING SECTION

Answer 2

S98C CA61 $500,000 20 yrs

Question 3

Lead agency and prosecuting agency

Answer 3

Lead agency department of labour

Police lead investigation and prosecution agency for 98D offences

Question 4

MIGRANT SMUGGLING elements

Answer 4

(1)
EVERYONE WHO
ARRANGES AN UNAUTHORISED MIGRANT TO ENTER NZ OR ANY OTHER STATE
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

(2)
EVERYONE WHO
ARRANGES AN UNAUTHORISED MIGRANT TO BE BROUGHT INTO NZ OR ANY OTHER STATE
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 AND
EITHER
KNOW THAT THE PERSON INTENDS TO TRY AND ENTER THE STATE
IS RECKLESS TO WHETHER THE PERSON INTENDS TO ENTER THE STATE

(4) & (5)
PROCEEDINGS MAY BE BROUGHT EVEN IF THE UNAUTHORISED AGENTS DID NOT ENTER OR WAS NOT BROUGHT INTO THE STATE.

Question 5

TRAFFICKING IN PERSONS

Answer 5

EVERY PERSON IS LIABLE TO THE PENALTY WHO ARRANGES, ORGANIZES OR PROCURES
A) 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 COERCION AGAINST THE PERSON, 1 OR MORE ACTS OF DECEPTION OF THE PERSON OR BOTH
B)
THE RECEPTION RECRUITMENT TRANSPORT TRANSFER CONCEALMENT OR HARBOURING OF A PERSON IN NZ OR ANY STATE
FOR THE PURPOSE OF EXPLOITING OR FACILITATING THE EXPLOITATION OF THE PERSON
KNOWING THAT THE RECEPTION RECRUITMENT TRANSFER TRANSPORT CONCEALMENT OR HARBOURING INVOLVES 1 OR MORE ACTS OF COERCION AGAINST THE PERSON, 1 OR MORE ACTS OF DECEPTION OF THE PERSON OR BOTH

(3) PROCEEDINGS MAY BE BROUGH EVEN IF
PARTS OF THE PROCESS BY WHICH THE PERSON WAS EXPLOITED COERCED, DECEVIED WERE ACCOMPLISHED WITHOUT AN ACT OF EXPLOITATION COOERCION OR DECEPTION
THE PERSON EXPLOITED , COERCED OR DECIEVED
DID NOT IN FACT ENTER OR EXIT THE STATE
WAS NOT IN FACT RECIEVED RECRUITED TRANSFERED TRANSPORTED CONCEALED OR HARBOURED

FOR THE PURPOSE OF THE SECTION EXPLOITED MEANS TO CAUSE HAVE CAUSED THAT PERSON BY ACT OF DECEPTION OR COERCION TO
PROSTITUTION OR SEXUAL SERVICES
SLAVERY PRACTICES SIMILAR TO SLAVERY SERVITUDE FORCED LABOUR OR OTHER FORCED SERVICES
THE REMOVAL OF ORGANS

Question 6

Migrant smuggling summarized

Answer 6

involves a person who has freely consented to be brought into nz as an illegal immigrant and is not subjected to coercion or deception

Question 7

People trafficking summarized

Answer 7

People trafficking involves a person who is brought into nz by means of deception/coercion. People are trafficked in order to exploit them in the destination country eg as forced labour or removal of organs but mostly for sexual exploitation.

Question 8

Differences between the two offences

Answer 8

THE DIFFERENCES ARE
CONSENT
PURPOSE OF TRAVEL/MOVEMENT
RELATIONSHIP BETWEEN PERSON MOVED AND THE PEOPLE ENABLING THE MOVEMENT
VIOLENCE INTIMIDATION AND COERCION
LIBERTY
PROFIT

Question 9

Three categories of these investigations

Answer 9

Reactive
-Victim led and initiated by an approach to police
Proactive
-Police Led a combination of investigation techniques and supplemented by intelligence to ID and locate traffickers gather evidence and instigate proceedings
Disruptive Investigation
-Appropriate in circumstances where level of risk to victim demands and immediate response and or proactive or reactive approaches are not practicable.

Question 10

Who must approve prosecutions

Answer 10

REQUIRE APPROVAL FROM ATTORNEY GENERAL TO PROSECUTE BUT NOT TO ARREST OR OPPOSE BAIL.