People Trafficking and Migrant Smuggling

Question 1

3 areas of responsibility for NZ Police regarding People Trafficking and Migrant Smuggling

Answer 1

3 P’s

Prevention, Protection and Prosecution

Question 2

Smuggling Migrants (1)

Section, Element and Penalty

Answer 2

Section 98C Crimes Act 61

• Arranges for an unauthorised
  migrant to
• Enter NZ
• If he/she

(a) does so for a material
benefit and

(b) either knows that the person
is, or is reckless as to
whether the person is, an
unauthorised migrant

20 years, fine of $500,000

Question 3

Smuggling Migrants (2)

Section, Elements and Penalty

Answer 3

Section 98C (2) CA

• Arranges for an unauthorised migrant to be
• Brought to NZ
• If he/she

(a) does so for a material
benefit and

(b) either knows that the person
is, or is reckless as to
whether the person is, an
unauthorised migrant and

(c) either
(i) knows the person intends to
try to enter or
(ii) is reckless as to whether the
person intends to try to enter
the state

20 years and/or $500,000

Question 4

Section 98C (4) and (5)

Answer 4

Proceedings may be brought under Section (1) and (2) even if the unauthorised migrant did not enter or was not brought into state

Question 5

Trafficking in Persons (1)(a)

Section, Elements and Penalty

Answer 5

Section 98D (1)(a) CA

• Arranges, organises or
  procures

(a) the entry of a person into, or
the exit of a person out of
NZ

(i) for the purpose of exploiting
or facilitating the exploitation
of the person or

(ii) knowing that the entry or
exit of the person involves 1
or more acts of coercion, 1 or
more acts of deception or
both

20 years and/or $500,000 fine

Question 6

Trafficking in People (1)(b)

Section, Elements and Penalty

Answer 6

Section 98D

• Arranges, organises or procures

(b) the reception, recruitment, transport, transfer, concealment or harbouring of a person in NZ

(i) for the purpose of exploiting or facilitating the exploitation of the person or

(ii) knowing that the reception, recruitment, transport, transfer, concealment or harbouring of the person involves 1 or more acts of coercion or deception or both

Question 7

Meaning of ‘exploit’

Answer 7

To cause that person, by any act of deception or coercion to be involved in

(a) sexual services
(b) slavery
(c) the removal of organs

Question 8

Summarise ‘Migrant Smuggling’

Answer 8

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 9

Summarise ‘People Trafficking’

Answer 9

Involves a person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked to exploit in destination country e.g. forced labour, sexual services, organ removal

Question 10

What are the key differences between the offences of smuggling and trafficking?

Answer 10

• Consent
• The purpose
• Relationship between the
  person being moved and the
  enabler
• Violence, intimidation or
  coercion
• Liberty
• Profit

Question 11

3 different types of investigation approach for people trafficking

Answer 11

Reactive Investigation -
Victim led and often initiated by an approach to Police by victim

Proactive investigation -
Police led. Identifying and locating trafficker using investigation techniques

Disruptive investigation -
Where the level of risk to victim demands immediate response

Question 12

To prosecute under Section 98C and D do you need the approval of the Attorney General?

Answer 12

Yes, but you do not approval to arrest and oppose bail