People Trafficking and Migrant Smuggling Flashcards

1
Q

Smuggling migrants - Section and Penalty

A

Section 98C, Crimes Act 1961

98C(3) - 20 years Imprisonment, a fine not exceeding $500,000, or both.

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2
Q

Smuggling migrants (1) ENTERS - Ingredients

A

Sec 98C(1) Crimes Act 1961
Every one who arranges for an unauthorised migrant to ENTER New Zealand or any other state,
if he or 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.

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3
Q

Smuggling migrants (2) BE BROUGHT- Ingredients

A

Sec 98C(2) Crimes Act 1961
Every one who arranges for an unauthorised migrant to BE BROUGHT to New Zealand or any other state,
if he or 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 that the person intends to try to enter the state; or
(ii) is reckless as to whether the person intends to try to enter the state.

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4
Q

Trafficking in Persons - Section and penalty

A

Section 98D, Crimes Act 1961

98D(3) - 20 years Imprisonment, a fine not exceeding $500,000, or both.

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5
Q

Trafficking in Persons (a) - Ingredients

A

Every person who arranges, organises, or procures -

(a) the entry of a person into, or the exit of a person out of, New Zealand or any other State -
(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 against the person, 1 or more acts of deception of the person, or both;

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6
Q

Trafficking in Persons (b)- Ingredients

A

Every person who arranges, organises, or procures -

(b) the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State-
(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 against the person, 1 or more acts of deception of the person, or both

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7
Q

Bringing proceedings about if the migrant did not enter state

A

Proceedings may be brought under subsection (1) and (2) even if the unauthorised migrant did not in fact enter the state concerned.

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8
Q

Proceedings may be brought about for trafficking in people

A
Section 98D(3)
(a) parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:

(b) the person exploited, coerced, or deceived -
(i) did not in fact enter or exit the State concerned; or

(ii) was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.

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9
Q

Exploit meaning - Sec 98D(4)

A

For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in -

(a) prostitution or other sexual services
(b) slavery, practices similar to slavery, servitude, forced labour, or other forced services
(c) the removal of organs

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10
Q

Migrant smuggling involves

A

A person who has freely consented to be brought into New Zealand as an illegal immigrant and is not subjected to coercion or deception.

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11
Q

People trafficking involves

A

A person who is brought into New Zealand by means of coercion and/or deception. People are often trafficked in order to exploit them in the destination country, e.g. as forced labour, for removal of their organs or most commonly, for sexual exploitation.

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12
Q

The differences between the two offence types are

A
  1. Consent
  2. The purpose of the travel or movement
  3. The relationship between the person moved and the people enabling the movement
  4. Violence, intimidation or coercion
  5. Liberty
  6. Profit.
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13
Q

Investigative approach fall into three categories

A
  1. Reactive investigation
  2. Proactive investigation
  3. Disruptive investigation.
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14
Q

Reactive investigation

A

Victim led and often initiated by an approach to Police by the victim or another person acting on behalf of the victim.

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15
Q

Proactive investigation

A

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.

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16
Q

Disruptive investigation

A

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.

17
Q

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D Crimes Act 1961?

A

Yes but you do not need approval to arrest and oppose bail.

18
Q

Inter-agency approach to Investigation

A

Each agency has roles as defined in the Plan of Action to Prevent People Trafficking. The Ministry of Business, Innovation and Employment (MBIE) will continue to lead the NZ Government’s anti-trafficking efforts and coordinate the Plan of Action.

The responsibilities of the Police are divided into
three areas of PREVENTION, PROTECTION and PROSECUTION. Police will lead the investigation and any resultant prosecutions.