People Trafficking and Smuggling

Question 1

Smuggling Migrants
Section 98C
Crimes Act 1961

Answer 1

98C(1)

• arranges for an unauthorised migrant to enter NZ or any other state
• does so for a material benefit and
• knows that the person is OR is reckless as to whether the person is unauthorised immigrant

98C(2)

• arranges for an unauthorised migrant to be brought to NZ or any other state
• does so for a material benefit and
• knows that the person is OR is reckless as to whether the person is an unauthorised immigrant
• knows the person intents to try to enter the state OR is reckless as to whether the person intends to try to enter the state

Penalty - 20yrs $500,000 fine

Unauthorised migrant need not enter or be brought in for proceedings to be carried out

Question 2

Trafficking in Persons
Section 98D
Crimes Act 1961

Answer 2

98D(1)(a)
- arranges, organises or procures
- entry of a person into or exit out of NZ or any other state
- purpose of exploiting or facilitating the exploitation of the person
OR
- knowing that 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

98D(1)(b)
- arranges, organises or procures
- reception, recruitment, transport, transfer, concealment or harbouring of a person in NZ or any other state
- for purpose of exploiting or facilitating the exploitation of the person
OR
- knowing 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 3

What does “exploit” mean in relation to people trafficking

Answer 3

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 services
c) removal of organs

Question 4

Migrant smuggling v People trafficking

Answer 4

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

PEOPLE TRAFFICKING
involves persons brought into NZ by means of coercion and/or deception in order to exploit them in the destination country (sex, forced labour, organ removal)

Question 5

What are the 3 Investigative approaches

Answer 5

REACTIVE - victim lead, officer approached by victim or another person acting on behalf

PROACTIVE - Police led, standard investigation techniques supplemented by intel

DISRUPTIVE - level of risk to the victim demands an immediate response and reactive/proactive approaches are not practicable

Question 6

What are the 6 difference between Migrant smuggling and people trafficking

Answer 6

• consent
• 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 7

Do you need approval from the attorney general to prosecute for smuggling and trafficking offences

Answer 7

Yes, but not to arrest and oppose bail