Police Instructions - People Trafficking / Migrant Smuggling

Question 1

What is People Trafficking?

Answer 1

A person being brought into New Zealand by means or coercion or deception, for gain (such as exploitation)

Question 2

What is Migrant Smuggling?

Answer 2

A person being brought illegally into New Zealand for financial or other gain. Person is not subjected to coercion or deception and freely consents to being brought into NZ

Question 3

What to do when you encounter suspected migrant smuggling

Answer 3

(1) Make enquiries without alerting the person suspected of being an unlawful migrant or the person suspected of having arranged for the person to be brought into NZ
(2) Where necessary, arrest (persons detailed above)
(3) Advise the on-call member of CIB
(4) Advise Immigration Service
(5) Advise Interpol
(6) Investigate those responsible, following the relevant investigation steps

Question 4

Who is the lead agency for illegal entry vessel smuggling?

Answer 4

NZ Customs

Question 5

NZ territorial waters

Answer 5

Police are only afforded full powers, protections and legislative authority within territorial waters i.e. 12 nautical miles from shore

Question 6

Police powers - illegal entry vessel smuggling

Answer 6

Under Immigration Act, Police may hold illegal migrants in custody pending completion of immigration processing

Question 7

New Zealand Immigration

Answer 7

Lead agency for all individuals refused entry into NZ and all removals from NZ.

May request Police to carry out all enquiries, nationally and internationally, to obtain information that will assist NZI whether person is unlawfully in NZ

Question 8

Police powers of entry and search - Immigration

Answer 8

Sections 466 and 293 of the Immigration Act 2009 empower constables to exercise the powers of Immigration Officers i.e. enter and search aircraft/vessel, when they RGTB this is necessary to detect offences against Act or to apprehend a person unlawfully in NZ

Question 9

Power of arrest - Migrant smuggling

Answer 9

Section 98C of the Crimes Act 1961 empowers Police to arrest and detain any person without warrant, who they have GCTS to having committed migrant smuggling

Question 10

Prosecution - People Trafficking / Migrant Smuggling

Answer 10

Consent of the Attorney-General is required to prosecute an offence of People Trafficking or Migrant Smuggling

Question 11

Power of arrest - Immigration Act 2009

Answer 11

Under section 313 of the Immigration Act 2009, a Constable may, if requested by an Immigrations Officer, for a purpose set out in section 310, arrest a person without warrant and detain them

Section 310 reasons:

• Place person on first available craft leaving NZ
• Detain pending the making of deportation order
• Detain pending satisfactory establishment of ID

Person can be detained as long as necessary to achieve the purpose of arrest/detention, and must not be detained for more than 96hrs

Question 12

Following arrest under s313

Answer 12

(1) Constable of Immigration to serve deportation order
(2) Constable will endorse the time of arrest on the order and provide copies to arrestee and Immigration officer
(3) Person taken to Police Station to be interviewed by Immigration Officer, if required
(4) Immigration to arrange for persons deportation from NZ. If not possible within 96hrs of arrest, person to be brought before a court to be detained under warrant or released on conditions

Question 13

Agencies involved in people trafficking investigation

Answer 13

• Ministry of Business, Innovation and Employment (lead agency)
• NZ Immigration Service
• Ministry of Social Development
• Ministry of Health
• Ministry of Justice
• NZ Customs
• Ministry of Foreign Affairs and Trade
• NZ Police

Question 14

Indications of People Trafficking

Answer 14

(1) Age - generally younger
(2) Gender - generally females
(3) Unusually high security around premise
(4) Brothels advertising exotic women
(5) Prostitutes who do not speak English or have a fear of authorities
(6) Withdrawn when spoken to
(7) Live at place of work
(8) Person speaks on their behalf
(9) Questions appear prepared in advance
(10) No identification documents

Question 15

What are the three components of trafficking (investigative structure)

Answer 15

Geographic - Country of Origin (recruitment and export), country of transit (transportation), country of destination (reception and exploitation)

Structural - Advertising (recruitment and profit making), Renting/purchasing premise (safe houses or brothels), Transportation (ID and travel documents)

Commercial - Financial i.e. initial investment, costs of delivering people and managing people, laundering

Question 16

Reasons for victim reluctance

Answer 16

• Debt bondage (owed money to exploiters)
• Isolation
• Drug dependancy
• Shame and stigma
• Threats of violence and intimidation
• Reprisals to friends and family
• Mistrust of authorities

Question 17

Who is eligible for a temporary residence visa?

Answer 17

• Certified by Police that they are believed to be a victim of people trafficking
• Have not obstructed the Police investigation
• Satisfy usual health and character criteria
• Consider to be either, endangered in their country of origin (as consequence of being trafficked) or at risk of being re-victimised or suffer significant social and financial hardship as a result of being trafficked, if they were to return to country of origin

Question 18

Child victims of people trafficking

Answer 18

Issued an immediate 12 month temporary visa while decisions about residence taking place, regardless of whether they have obstructed investigation or not. They are eligible to access public funded education and social assistance

Child = under 18yrs