People trafficking and Migrant Smuggling

Question 1

Smuggling Migrants

And

Trafficking in persons

Section and Penalty

Answer 1

Smuggling migrants
Section 98C CA61

Trafficking in persons
Sections 98D CA61

20 years imp, fine not exceeding $500,000, or both

Question 2

Define ‘Migrant smuggling’

Answer 2

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 3

Define ‘people trafficking’

Answer 3

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 - e.g. forced labour, removal of organs, mostly for sexual exploitation

Question 4

What is the difference between the two offences?

Answer 4

• Consent
• Purpose of travel/movement
• Relationship between person moved and people enabling the movement
• Violence, intimidation or coercion
• Liberty
• Profit

Question 5

Investigative Approach

Reactive Investigation

Answer 5

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

Question 6

Investigative Approach

Proactive Investigation

Answer 6

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 7

Investigative Approach

Disruptive Investigation

Answer 7

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.