People Trafficking and Migrant Smuggling

Question 1

Smuggling migrants - Section and Penalty

Answer 1

Section 98C, Crimes Act 1961

98C(3) - 20 years Imprisonment, a fine not exceeding $500,000, or both.

Question 2

Smuggling migrants (1) ENTERS - Ingredients

Answer 2

Sec 98C(1) Crimes Act 1961
Every one who arranges for an unauthorised migrant to ENTER New Zealand 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.

Question 3

Smuggling migrants (2) BE BROUGHT- Ingredients

Answer 3

Sec 98C(2) Crimes Act 1961
Every one who arranges for an unauthorised migrant to BE BROUGHT to New Zealand 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; and
(c) either— (i) knows 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 4

Trafficking in Persons - Section and penalty

Answer 4

Section 98D, Crimes Act 1961

98D(3) - 20 years Imprisonment, a fine not exceeding $500,000, or both.

Question 5

Trafficking in Persons (a) - Ingredients

Answer 5

Every person who arranges, organises, or procures -

(a) the entry of a person into, or the exit of a person out of, New Zealand 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;

Question 6

Trafficking in Persons (b)- Ingredients

Answer 6

Every person who arranges, organises, or procures -

(b) the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand 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 7

Bringing proceedings about if the migrant did not enter state

Answer 7

Proceedings may be brought under subsection (1) and (2) even if the unauthorised migrant did not in fact enter the state concerned.

Question 8

Proceedings may be brought about for trafficking in people

Answer 8

Section 98D(3)
(a) parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:

(b) the person exploited, coerced, or deceived -
(i) did not in fact enter or exit the State concerned; or

(ii) was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.

Question 9

Exploit meaning - Sec 98D(4)

Answer 9

For the purposes of this section, exploit, in relation to a person, 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 10

Migrant smuggling involves

Answer 10

A person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

Question 11

People trafficking involves

Answer 11

A person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.

Question 12

The differences between the two offence types are

Answer 12

1. Consent
2. The purpose of the travel or movement
3. The relationship between the person moved and the people enabling the movement
4. Violence, intimidation or coercion
5. Liberty
6. Profit.

Question 13

Investigative approach fall into three categories

Answer 13

1. Reactive investigation
2. Proactive investigation
3. Disruptive investigation.

Question 14

Reactive investigation

Answer 14

Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim.

Question 15

Proactive investigation

Answer 15

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.

Question 16

Disruptive investigation

Answer 16

Appropriate in circumstances where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches are not practicable options.

Question 17

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D Crimes Act 1961?

Answer 17

Yes but you do not need approval to arrest and oppose bail.

Question 18

Inter-agency approach to Investigation

Answer 18

Each agency has roles as defined in the Plan of Action to Prevent People Trafficking. The Ministry of Business, Innovation and Employment (MBIE) will continue to lead the NZ Government’s anti-trafficking efforts and coordinate the Plan of Action.

The responsibilities of the Police are divided into
three areas of PREVENTION, PROTECTION and PROSECUTION. Police will lead the investigation and any resultant prosecutions.