People Trafficking & Migrant Smuggling - S98

Question 1

Smuggling Migrants / Trafficking in persons

Section/Penalty

Answer 1

Smuggling migrants:
CA61; S98C

Trafficking in persons:
CA61; S98D

20 years imprisonment; fine not exceeding $500,000, or both

Question 2

Migrant Smuggling

Answer 2

Involves 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 3

People Trafficking

Answer 3

Involves a person who is brought into New Zealand by means of coercion and/or deception.

Note: Exploited person/s. e.g. forced labour, removal of organs, mostly for sexual exploitation

Question 4

Differences between
People trafficking and migrant smuggling

Answer 4

• CONSENT
• The PURPOSE of the travel or movement
• The RELATIONSHIP between the person moved and people enabling the movement
• VIOLENCE, intimidation or coercion
• LIBERTY
• PROFIT

Question 5

Investigative Approach (Three ways)

Reactive Investigation

Answer 5

VICTIM LED.

Often INITIATED BY AN APPROACH TO POLICE by the VICTIM or another person acting on behalf of the victim.

Question 6

Investigative Approach (Three ways)

Proactive Investigation

Answer 6

POLICE LED.

A combination of STANDARD INVESTIGATION TECHNIQUES supplemented by INTEL RESOURCES to IDENTIFY AND LOCATE the TRAFFICKERS, gather evidence and instigate proceedings against them.

Question 7

Investigative Approach (Three ways)

Disruptive Investigation

Answer 7

IMMEDIATE RESPONSE.

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.