Approach to Protection

Victims of people trafficking are likely to be vulnerable and may require government protection.  Protection of victims of trafficking has two focus areas: physical safety and human rights.

Victims of trafficking may be at risk of facing retribution from traffickers once they are identified by the Police or when they provide statements about their trafficking experience. The Police will ensure that the physical safety of victims is protected and where necessary will place victims in a safe house.

Similarly, it is important to protect the human rights of victims by ensuring that they are dealt with appropriately by New Zealand authorities.  New Zealand is committed to protecting the human rights of all people in New Zealand.  The Human Rights Act 1993 and the Bill of Rights Act 1990 apply to all people in New Zealand regardless of their immigration status.  The action items in this section function to protect the human rights of trafficking victims.

In line with the requirement of the Trafficking Protocol, victims of trafficking will be assisted to return to their home country or, in appropriate circumstances, they will be assisted to remain lawfully in New Zealand either temporarily or permanently. Repatriation and settlement decisions will be made on a case-by-case basis, taking into account the specific circumstances and needs of the victim as well as humanitarian and compassionate considerations.

Recognition of trafficking victims' status

The Police will make a formal certification that a person is a victim of trafficking. This police-certification will be endorsed by a senior police officer and will be based on an assessment of evidence and witness statements. Police-certification will be issued when there is a reasonable suspicion that the person in question has been trafficked to New Zealand according to the definition of people trafficking in section 98 of the Crimes Act 1961 (amended in 2002). Police-certification could be revoked by the Police if further investigation into the case proves that the person has not, in fact, been trafficked.

Key
Orange	Action item
Green	Business as usual

 

No.	Objective	Action	Timetable	Agency responsible	Measure
13	Victims of people trafficking are properly identified	Certify any suspected victims of trafficking based on assessment of evidence	At the time when a case of suspected trafficking is identified	Police	Reporting on the number of Police certifications issued and withdrawn

Repatriation assistance for victims of trafficking

International experience suggests that some victims of trafficking simply want to return to their home country as soon as possible.  In these circumstances the Department of Labour will facilitate their repatriation.  Where this becomes a voluntary removal, the Department of Labour will conduct a humanitarian assessment. The Ministry of Foreign Affairs and Trade may also be involved by liaising with the officials of the country of origin to encourage the state to provide care for the victim on their arrival.  

No.	Objective	Action	Timetable	Agency responsible	Measure
14	Victims are assisted to return home	Organise and facilitate the repatriation of victims	Following an humanitarian assessment	DoL	Evaluation of case outcomes
15	Countries of origin are notified of the case	Liaise with the country of origin to encourage it to meet the safety needs of the victim	When the victim is repatriated	MFAT	Evaluation of case outcomes

Immigration status

Police-certified victims of trafficking are likely to need to stay in New Zealand at least temporarily while the Police consider, or commence, an investigation.  If the Police gain enough evidence for a prosecution, they may seek the victim's consent to participate in a criminal justice process against alleged traffickers.  In this instance it may be necessary for the victim to remain in New Zealand for a substantial period of time.

Where a humanitarian assessment concludes that it is too dangerous for the victim to return to their home country, the Department of Labour may look at options for long-term immigration solutions.  The Department of Labour has work underway so that the needs of victims can be accommodated within the range of permits currently offered. 

No.	Objective	Action	Timetable	Agency responsible	Measure
16	Victims can apply for an immigration status suitable for their needs	Develop a policy for victims of people trafficking	Short: Seek Ministerial agreement for policy	DoL	Policy implementation

Health services for victims of trafficking

Meeting the immediate health needs of identified victims of trafficking is a high priority. Victims may have a myriad of physical and/or mental problems due to their experience of being trafficked. New Zealand has a duty to protect public health and to provide for individuals' acute health needs. It is essential that victims of trafficking do not face undue barriers when accessing health services in New Zealand.

Everyone in New Zealand can access acute health services. Acute health services are funded directly or subsidised by the government for eligible people including New Zealand citizens and permanent residents. People who are ineligible for publicly-funded health services, such as tourists, temporary migrants and illegal migrants, may still access acute care as needed although they will be asked to pay afterwards.

The Ministry of Health will seek amendment to eligibility criteria to enable police-certified victims of trafficking to access publicly-funded health services.  The Accident Compensation Corporation offers the same level of cover to anyone in New Zealand regardless of their immigration status. 

No.	Objective	Action	Timetable	Agency responsible	Measure
17	Victims can access publicly-funded health services	Review Health policies to ensure victims of trafficking do not face undue barriers to accessing medical attention	Short Review the Eligibility Direction	MoH	Review of the Eligibility Direction considers the needs of victims of trafficking
18	Victims can access treatment and rehabilitation from ACC for any covered physical  or mental injury(s)	Inform victims of trafficking of their right to access rehabilitation assistance	At the time when a claim is lodged with ACC	ACC	Evaluation of case outcomes

Housing for victims of trafficking

As part of the victim protection process of a Police investigation, the Housing New Zealand Corporation (HNZC) will use its best endeavours to arrange immediate temporary housing for any identified victims of trafficking. Non-government organisations, such as refuges, may also offer shelter. HNZC may be able to provide a more long term housing solution if the need arises.  This may be necessary if the victim is participating in a lengthy criminal justice process against their traffickers, or if they are granted permanent residence.

No.	Objective	Action	Timetable	Agency responsible	Measure
19	Victims can access housing  appropriate to their needs	Provide housing assistance to victims of trafficking	At the time a case of trafficking arises	HNZC and NGOs	Reporting on any housing assistance accessed by victims of trafficking

Social services and financial assistance for victims of trafficking

Victims of trafficking suffer a gross breach of their human rights and it is likely that they will be unfamiliar with the social services available in New Zealand. Following referral by the Police, the Ministry of Social Development will provide case-management to coordinate the provision of support services to police-certified victims of trafficking. The nature of this case-management will be determined on a case-by-case basis and will be provided through appropriate community-based providers.

Victims of trafficking are unlikely to have the financial resources to support themselves and would be at risk of serious financial hardship if financial assistance is not available to them. The Ministry of Social Development provides financial assistance to small groups of people who do not qualify for other assistance through the Special Needs Grants Ministerial Welfare Programme. The Ministry of Social Development will seek an amendment to this programme to allow financial assistance to be provided to victims of trafficking. 

The Ministry of Social Development's operational arm Work and Income would offer tailored financial assistance to suit the needs of victims of trafficking.  Victims of trafficking would also have access to Work and Income's employment programmes and services to help them to find suitable and sustainable employment to become financially independent.

No.	Objective	Action	Timetable	Agency responsible	Measure
20	The needs of victims are case-managed and victims are supported to access social services	Refer victims of trafficking for case-management and social services provided by publicly-funded NGOs and oversee the supports a victim accesses	At the time when a case of trafficking is identified	Police and MSD	Report on services accessed by victims of trafficking and case outcomes
21	Victims can access financial  assistance suitable for their needs	Amend Special Needs Grants Ministerial Welfare Programme to provide financial assistance to victims of trafficking	Short Seek Ministerial agreement to amend the Special Needs Grants Ministerial Welfare Programme	MSD	Reporting on financial assistance accessed by victims of trafficking

Protection of trafficking victims' physical safety

New Zealand Police will work to protect victims by ensuring their physical security through providing safe housing in New Zealand and actively pursuing the traffickers (including assisting the pursuit of people traffickers and their associates in other jurisdictions if required).  Many victims of trafficking may have been coerced into accepting their exploitation following threats made against their families if they do not submit to the traffickers. The Police will report any threats to the relevant governments.  Police Liaison Officers located offshore[1] and Interpol would be best placed to follow up where necessary.

No.	Objective	Action	Timetable	Agency responsible	Measure
22	Victims' physical safety is protected	Assess the potential danger to the victim (and to their family back home) and provide appropriate protection	At the time when a case of trafficking is identified	Police	Report on case outcomes

Footnotes

1. The New Zealand Police have Liaison Officers in the following locations: Beijing, Jakarta, Bangkok, Canberra, Sydney, London, Washington and Suva.