People Trafficking & 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

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

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

Differences between the two

Answer 4

CPR VPL

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

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.

Question 8

Three areas of Police Response

Answer 8

Prevention, Protection and Prosecution

Question 9

Peope Traffic not required to be completed:

Answer 9

the person exploited, coerced or deceived

• did not in fact enter or exit the state concerned
• was not in fact received, recruited transported, transferred, concealed, or harboured in the state concerned

Question 10

Exploit

Answer 10

To cause or to have caused, thaat person, by an act of deception or coercion, to be involved in:

• prostitution or other sexual services
• slavery, practises similar to slavery, servitude, forced larbour, or other forced services
• the removal of organs

Question 11

Approval to prosecute

Answer 11

Approval required to prosecute for offences un 98C and 98D, not required to arrest and oppose bail.