Approach to Prosecution

New Zealand has comprehensive laws and enforcement measures in place to prosecute people traffickers.  People traffickers will be prosecuted to the fullest extent of the law. 

The Crimes Act 1961 was amended in 2002 to included anti-trafficking provisions (section 98).  The law is based on the United Nations definition of people trafficking as outlined in Articles 3 and 4 of the Trafficking Protocol. New Zealand laws are yet to be tested with a case of trafficking; the provisions are consistent with international best practice.

People trafficking carries penalties of up to 20 years in prison and/or a $500,000 fine. The penalties for people trafficking are comparable to those for homicide and rape; therefore, investigations into suspected trafficking activity will be afforded the same level of priority by the New Zealand Police.

Legal Framework

New Zealand has adopted a transnational definition of people trafficking which is given legislative effect in Section 98D of the Crimes Act 1961.  The Crimes Act along with other existing legislation, such as the Immigration Act 1987 [1] and the Prostitution Reform Act 2003, covers other criminal offences associated with the exploitation of people within New Zealand, such as underage prostitution.

Investigation of suspected trafficking activity

Any people trafficking crimes are to be thoroughly investigated. It is important that any government agencies that encounter indications of suspected trafficking activity have the appropriate procedures to be able to share that information in a timely manner. Given the seriousness of people trafficking offences, it is necessary for any suspected people trafficking activity to be dealt with by senior officials.

Key
Orange	Action item
Green	Business as usual

 

No.	Objective	Action	Timetable	Agency responsible	Measure
23	Investigations of suspected trafficking activity are well coordinated	Develop a protocol for coordinating inter-agency input to investigations	Short: Identify key contact people and methods of communication	DoL, Police, Customs	Evaluation of investigation process and outcomes

Support for victims of trafficking during the criminal justice process

International experience shows that it is extremely difficult to secure convictions in cases of people trafficking. Convictions often hinge on the strength of victim's witness statements, and victims are likely to be suffering the effects of trauma and exploitation.  Therefore, under the Plan of Action, victims will be assisted and positively encouraged to participate in any criminal proceedings involving their alleged traffickers.  Also, information on victims' rights will be provided to victims support organisations that may come into contact with any victims of trafficking.

No.	Objective	Action	Timetable	Agency responsible	Measure
24	Victims are supported to make witness statements	Use victim-friendly interviewing techniques	At the time when a case of trafficking is identified	Police	Evaluation of investigation process and outcomes
25	Victims are supported to participate in the criminal justice process	Train advisers on how to assist victims of trafficking (e.g. how best to provide information on relevant court and administrative proceedings)	At the time when a case of trafficking is identified	MoJ	Feedback from victims and advisers
26	Victims have access to culturally-appropriate support	Interpreters and advisers are available to assist a victim of trafficking	At the time when a case of trafficking is identified	MoJ – funded interpreters	Feedback from victims and  interpreting services
27	Victims have access to information on victims' rights in a variety of languages	Provide access to information for victims of crime by distributing pamphlets and operating a free information line	Ongoing implementation of the Victims' Information Work Programme	MoJ	Evaluation of the Victims' Information Work Programme

Compensation for victims of trafficking

New Zealand law provides for victims to seek compensation for damage suffered. Where a person has been convicted of an offence, the offender may be ordered by the Court to make reparation to compensate the victim.  In a case of trafficking, this may be applicable where in the course of exploiting the victim the trafficker has breached a range of New Zealand laws.  Victims may also be eligible for compensation from the Accident Compensation Corporation (ACC) to cover any assistance they need to rehabilitate from any physical or mental injuries they may have suffered.

No.	Objective	Action	Timetable	Agency responsible	Measure
28	Victims have access to seeking compensation for damage suffered	Inform victims of their right to seek compensation	At the time when a case of trafficking is identified	DOL, MoJ and ACC	Evaluation of  case outcomes

Footnotes

1. Please note that at the time of publication new immigration legislation was being considered by  Parliament.