New Zealand Legal Human Trafficking

New Zealand is a member of the Advisory Board of Lawyers of the Asia-Pacific Forum. [62] Justice Susan Glazebrook suggested that the judiciary must remain aware of human trafficking, as proceedings may be brought under different laws, although the facts of the case may constitute a crime of human trafficking. [63]: 12 The need for appropriate conviction and protection of victims through the exercise of witness protection discretion and consideration of the effects of their possible deportation was recognized. [63]:13 An anti-trafficking task force, composed of immigration authorities, police, and the Ministry of Children, continued to meet to strengthen law enforcement coordination. The Labour Inspectorate investigated complaints of forced labour, but worked mainly within the civil justice system, which could have helped to prevent forced labour offences from being prosecuted if the cases were not referred to the criminal investigation. The Serious Crimes Division of the New Zealand Immigration Service (INZ) investigated cases of trafficking in persons, but limited itself to investigating only cases where immigration offences were also found. In September 2020, the New Zealand Police Service (NZP) released a strategy to combat cross-border organised crime, which included the exploitation and trafficking of migrants, with the aim of improving understanding of transnational organised crime and improving coordination between government agencies. The Department of Enterprise, Immigration and Employment (MBIE) continued to require immigration officers, labour inspectors and other relevant personnel to complete an online training module on trafficking in human beings. MBIE worked to develop new training modules for immigration officers, labor inspectors and other frontline officials to identify and investigate human trafficking, interview victims, and process visas for victims. Although these training modules were not published before the end of the reporting period, the MBIE anti-trafficking team introduced more than 350 INZ employees to raise awareness of human trafficking and promote victim protection efforts.

The NAP continues to require anti-trafficking training for all detectives and includes a chapter on trafficking and smuggling in its police manual. The government did not report on the training of prosecutors or judicial officials. The government did not report on the investigation, prosecution, or conviction of government employees implicated in trafficking crimes. Since human trafficking is not considered an active problem in New Zealand, the government is focusing on the prevention and identification of victims and crime. [3]: 5 New Zealand has been designated as a destination country for trafficking in persons and as a country of origin for domestic trafficking of forced labour, including children in sex trafficking. [4] According to the U.S. Department of State`s annual report on the effectiveness of government anti-trafficking policies, New Zealand has consistently achieved level one (highest) and has fully met the minimum standards of the Trafficking Victims Protection Act 2000 (TVPA). [5] These standards are generally in line with the Palermo Protocol.

[6] The government continued to finalize its operational framework to outline the process for identifying, referring and delivering victim services to government agencies, which it began designing in 2017. Law enforcement, immigration and community service workers had formal written procedures in place to assist officials in identifying victims. However, beyond the system of certifying foreign victims to give them access to additional services, the government did not have a formal recognition system for victims of trafficking, including New Zealand victims. Furthermore, it was not clear whether formal written procedures were effective or uniformly applied in practice. For example, authorities have consistently failed to formally identify children as victims of sex trafficking – a form of sex trafficking under international law. While victims do not need to be certified or officially designated as victims of trafficking to access support services, failure to acknowledge that they were trafficked may have hindered victims` ability to receive specialized services. Overall, the lack of a system to formally recognize victims of trafficking and track the number identified by authorities may have hampered the government`s ability to identify trafficking trends and develop effective responses. Saudi Arabia, a key U.S. ally in the Middle East, has reportedly made “significant efforts” to eliminate human trafficking, according to the report. New Zealand`s response to human trafficking outlined in the Action Plan against Forced Labour, Human Trafficking and Slavery According to the International Labour Organization (ILO), approximately 40.3 million people worldwide are affected by modern slavery, including 25 million people subjected to forced labour. Of those trapped in forced labour, 16 million are exploited in the private sector such as domestic work, construction or agriculture; 4.8 million are victims of forced sexual exploitation and 4 million of forced labour imposed by state authorities. Forced labor generates about $150 billion in illegal profits each year.

As part of a broader government initiative to combat all forms of exploitation, backed by $50 million, the government has taken steps to better protect migrants from exploitation. Although not all victims of trafficking are migrants and not all victims of trafficking are exploited, migrants are particularly vulnerable to trafficking and exploitation. The new measures include a visa to help migrants quickly leave exploitative situations and remain legally in New Zealand, a special 0800 number and a web form to make it easier to report exploitation of migrant workers. Human trafficking takes place in New Zealand. Since 2015, four people have been prosecuted for human trafficking, and at least 51 victims have been identified. However, given the hidden nature of the crime and the reluctance of victims to come forward, this figure may be just the tip of the iceberg. Walk Free estimated that around 3,000 people were in modern slavery in New Zealand in 2016. The New Zealand Police and the New Zealand Immigration Service will continue to investigate and respond to all allegations of human trafficking. The Biden administration has attacked 17 countries for not doing enough to combat human trafficking and is warning of sanctions. The government has stepped up its efforts to prevent human trafficking. INZ led the government`s interagency working group on human trafficking and led a three-person team to coordinate government efforts to combat human trafficking.