People Trafficking and Migrant Smuggling Flashcards
What is the difference between:
People Trafficking
Migrant Smuggling
People Trafficking involves:
- coercion
- deception
- unique humanitarian needs
- long relationship with the trafficker
Exploited for
- forced labour
- organs
- sex
Usually young and female
Migrant Smuggling involves:
- free consent
- done for money
- short relationship with the smuggler
The state is the victim, and migrant and smuggler the offender
New Zealand has a Plan of Action to Prevent People Trafficking. List 3 of the agencies involved?
(1) Immigration Services
(2) Customs
(3) MBIE - Ministry of Innovation and Employment
(4) MSD
(5) Ministry of Health
(6) Ministry of Justice
Who leads the Plan of Action to Prevent People Trafficking?
MBIE
Ministry of Business Innovation and Employment
Under the Plan of Action to Prevent People Smuggling, what are the three areas of responsibility for police?
Who takes the lead in the areas of investigation and prosecution?
(1) Prevention
(2) Protection
(3) Prosecution
Police take the lead in investigation and prosecution
Police will maintain control of any vessel and secure it as a crime scene.
Can People Trafficking be committed against a person who has already and willingly arrived in the destination country?
No. Entry into New Zealand needs to have been through coercion or deception.
What is the penalty for Migrant Smuggling?
20 years imprisonment and/or $500,000 fine.
When is the offence of Migrant Smuggling complete?
It is complete when the arrangement is made.
It does not matter that the migrant is never brought to NZ.
What is an Unlawful Migrant?
A person who is neither a citizen nor has the required documents for entry.
Who has operational lead for interdiction of vessels?
Customs Service
What are the sea boarder limits for police jurisdiction?
What powers do police have in these zones?
NZ Waters. Up to 12 nautical miles - normal police powers
Contiguous Zone. Between 12 and 24 nautical miles police can only act as customs officers, but can board a vessel without notice.
International Waters. Beyond 24 nautical miles - boarding must only be by notice for a ship flagged by another state.
Who must police get prior consent from before they prosecute for people Trafficking or Migrant Smuggling
The Attorney General
Do police have powers to arrest and detain any person who they have good cause to suspect of having committed migrant smuggling?
If so, where are those powers found?
Yes.
Under Crimes act s98C.
Police can arrest and oppose bail.
(But must get prior consent from the Attorney General to prosecute people Trafficking or Migrant Smuggling)
How long can a person be detained by police under the suspicion of people Trafficking or Migrant Smuggling?
As long as necessary to achieve the purpose, but no longer than 96 hours.
What are the three police objectives when investigating People Trafficking?
(1) Address the humanitarian needs
(2) Enable victims to assist the investigation
(3) Successfully prosecute offenders
What is a key line of enquiry when investigating People Trafficking?
Financial investigation.
What are the 3 main investigative approaches for police?
Reactive
Proactive
Disruptive
What are the percentages of people trafficking victims for females and minors?
80% Female
50% Minor
List 3 inter-agency responsibilities for Police?
(1) Identify and certify victims
(2) Address victim’s immediate needs
(3) Determine ongoing risks for the victim
(4) Victim interviews (level 3)
What criteria is there for children victims under 18 years to apply for residency?
None. Even if they have been uncooperative.
What criteria is there for victims to apply for residency?
They can’t apply if they have been uncooperative or obstructive. (They can apply through other channels).
- Must be a victim
- Not have been obstructive
- satisfied character criteria
- endangered in their country of origin
Police can certify a person as a victim. Who can sign and endorse the certification? Can the certification be revoked?
The District Manager CIB.
Yes, it can be revoked if the claim is found not to be genuine.
People Trafficking:
What are 3 examples of obstruction:
(1) Misleading police
(2) destroying evidence
(3) colluding with their alleged trafficker (e.g. passing back police questions)
What must police avoid being accused of when assisting victims?
Inducement.
What is immigration fraud?
When a migrant claims to be a victim of trafficking.
People Smuggling:
Can proceedings be brought if the migrant does not enter NZ?
Yes.
