Violence - People Trafficking and Migrant Smuggling

Question 1

What are the elements to Smuggling Migrants s98C CA 1961?

What is the penalty?

Answer 1

Answer:
1. Arranges for a person

2. To either
   Enter NZ or any other state OR
   Be brought to NZ or any other state
3. For material benefit
4. Either knowing or being reckless as to whether the person is an unauthorised immigrant and
5. Either knows the person intends to try to enter the state or is reckless as to whether the person intends to try and enter the state

Answer:
Max 20 years imprisonment , max fine $500,000 or both

Question 2

What are the elements to Trafficking in persons s98D (1) CA 1961?

What is the penalty?

Answer 2

Answer:
1. Arranges, organises or procures

2. The entry of a person into or the exit of a person
   out of NZ or any other state
3. for the purpose of exploiting or facilitating the
   exploitation of the person
4. knowing that the 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 OR
5. The reception, recruitment, transport, transfer,
   concealment or harbouring of a person in NZ or
   any other state
6. For the purpose of exploiting or facilitating the
   exploitation of the person
7. Knowing that the reception, recruitment, transport,
   transfer, concealment or harbouring of a person
   involves 1 or more acts of coercion against the
   person, 1 or more acts of deception of the person
   or both

Answer:
Max 20 years imprisonment , max fine $500,000 or Both

Question 3

What does migrant smuggling involve?

Answer 3

Answer:
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 4

What does People Trafficking involve?

What are some examples of the reason people are trafficked?

Answer 4

Answer:
It 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

Answer:
Forced labour, for removal of their organs, for sexual exploitation

Question 5

What is the 3 step investigative approach to people trafficking?

Explain each?

Answer 5

Answer:
Reactive, Proactive and Disruptive

Answer:
Reactive - Investigation is Victim lead and often initiated by an approach to Police by the victim or another person acting on behalf of the victim

Proactive - Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate traffickers, gather evidence and prosecute

Disruptive - Appropriate in circumstances where the level of risk to the victim demands an immediate response and pro-active and reactive approaches are not practicable options..

Question 6

What are the differences between People smuggling and People trafficking?

Answer 6

Answer:
• 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 7

What is an unlawful migrant?

Answer 7

Answer:
Means a person or unauthorised person who is neither a citizen of the country nor in possession of all the documents required under the law of the country for the persons lawful entry into the country