People trafficking and Migrant Smuggling

Question 1

Smuggling Migrants

Answer 1

Section 98C Crimes Act 1961

20 Years Imprisonment / $500,000 Fine or Both

Migrant smuggling 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 2

People Trafficking

Answer 2

Section 98D Crimes Act 1961

20 Years Imprisonment / $500,000 Fine or Both

People trafficking involves a person who is brought into NZ by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country. Forced labour, for removal of their organs or most commonly, for sexual exploitation.

Question 3

Difference between Migrant Smuggling and People Trafficking

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

Investigation Approach - Reactive Investigation

Answer 4

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

Question 5

Investigation Approach - Proactive Investigation

Answer 5

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 6

Investigation Approach - Disruptive Investigation

Answer 6

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

Question 7

Prosecute under 98C and 98D

Answer 7

Require the approval of the Attorney General for Prosecution.