People Trafficking and Migrant Smuggling

Question 1

What is migrant smuggling

Answer 1

• Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.
• The person that arranges for the unauthorised migrant to enter does so for a material benefit or reckless as to whether the person is an unauthorised migrant.

Question 2

What is people trafficking

Answer 2

• Involves a person who is brought into NZ by means or coercion/deception.
• A person who arranges, organises or procures the entry of a person for the purpose of exploiting or facilitating the exploitation of the person or knowing that the entry or exit of the person involves one of more acts of coercion or one or more acts of deception or both.
• The reception, recruitment, transport, transfer, concealment or harbouring of a person in NZ for the purpose of exploiting or facilitating the exploitation of a person or knowing that it involves one or more acts of coercion or one or more acts of deception or both.

Question 3

Differences between the two

Answer 3

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 4

Investigative approach

Answer 4

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 proactive or reactive approaches are not practicable options.