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FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC 5123
INFO RUEHBY/AMEMBASSY CANBERRA 5122
RUEHBK/AMEMBASSY BANGKOK 1731
RUEHBJ/AMEMBASSY BEIJING 0397
RUEHHK/AMCONSUL HONG KONG 0141
RUEHCN/AMCONSUL CHENGDU 0005
RUEHGZ/AMCONSUL GUANGZHOU 0030
RUEHGH/AMCONSUL SHANGHAI 0009
RUEHSH/AMCONSUL SHENYANG 0011
RUEHIN/AIT TAIPEI 0092
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 20 WELLINGTON 000091
SIPDIS
SIPDIS
SENSITIVE
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/ANP, EAP/RSP
DEPARTMENT PASS USAID
E.O. 12958: N/A
TAGS: PHUM PREF ASEC SMIG ELAB KCRM KWMN KFRD NZ
SUBJ: TRAFFICKING IN PERSONS - NEW ZEALAND 2/2007
REF: 07 STATE 2731
1. (SBU) Following are responses for the Trafficking in Persons
report for New Zealand, keyed to reftel:
Begin Responses
---------------
27. Overview of a country's activities to eliminate
trafficking in persons:
-- A. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or children?
Provide, where possible, numbers or estimates for each group; how
they were trafficked, to where, and for what purpose. Does the
trafficking occur within the country's borders? Does it occur in
territory outside of
the government's control (e.g. in a civil war situation)? Are any
estimates or reliable numbers available as to the extent or
magnitude of the problem? What is (are) the source(s) of available
information on trafficking in persons or what plans are in place (if
any) to undertake documentation of trafficking? How reliable are the
numbers
and these sources? Are certain groups of persons more at risk of
being trafficked (e.g. women and children, boys versus girls,
certain ethnic groups, refugees, etc.)?
There is no evidence that New Zealand (NZ) is a country of origin or
transit in transnational trafficking. There is information that NZ
is a country of destination however, and that some domestic
trafficking exists, though the total number of trafficked victims
(both transnational and domestic) is estimated to be small.
There is no hard evidence (victim interviews, arrests, convictions,
etc.) to support a precise determination of the number of such
victims. However, based on information gleaned from law enforcement
authorities and the Prostitution Law Reform Committee (PLRC), Post
estimates the number of transnational victims entering New Zealand
each year is less than 100, primarily Asian women engaged in the
legal sex industry.
The number of domestic trafficking victims is also small (estimated
to be less than 100), and consists of underage sex workers, and
Asian migrants working in the agricultural sector.
Estimates on TIP information in New Zealand are derived from the
Department of Labour, the New Zealand Customs Service, the Ministry
of Foreign Affairs and Trade, the Ministry of Justice, the New
Zealand Police, the Department of Prime Minister and Cabinet, the
Ministry of Health, the Ministry of Social Development, the Ministry
of Women's Affairs, the media, and from non-governmental
organizations (NGOs) working in the field.
No comprehensive figures and agreed-upon statistics on the extent of
trafficking within NZ exist at the present time, although some
surveys have been done. The Prostitution Law Review Committee
(PLRC), established with the adoption of the Prostitution Reform Act
(PRA) in 2003, is tasked with issuing a five-year report on the
status and effectiveness of the PRA. The PLRC's final report is due
later in 2008. In addition, the government-proposed National Plan
of Action to Prevent Trafficking in Persons (NPA) will, among other
things, expand government monitoring and assessment efforts.
With regard to the persons most at risk for transnational
trafficking, the government and NGOs agree that Asian women have the
greatest risk of being trafficked into New Zealand, primarily for
prostitution. With regard to domestic trafficking, the persons most
at risk are young NZ women (under 18 years) engaged in the
commercial sex industry and low-skilled, illegal migrant men and
women working in the agricultural sector.
In 2007, the New Zealand Prostitutes Collective (NZPC) concluded a
nationwide survey of commercial sex workers and brothels. The
survey was conducted at the request of the PLRC in support of the
Committee's final report. The results of the NZPC survey have not
yet been publicly released, but were shared with Post.
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According to NZPC's polling and interview data, the present number
of underage sex workers in NZ is much smaller than the figure of 200
announced by the PLRC in 2004. NZPC estimated that there were,
within the last year, approximately six to 12 underage sex workers
in Auckland, three in Wellington, and three in Christchurch. There
may be underage prostitutes in other NZ cities, but most
prostitution occurs within the three cities mentioned.
NZPC states that some of those underage sex workers have now left
the business and have been referred to local social service
agencies. NZPC believes its numbers are accurate, as both
prostitutes and brothel managers were forthcoming about underage
participation and work willingly with NZPC and authorities in order
to deter younger participants and avoid undue police scrutiny of
their legal activities. However, the NZPC study, which only
contacted brothel managers and prostitutes working in brothels, may
not fully take into account the number of underage sex workers who
are involved in street prostitution.
ECPAT (Eliminate Child prostitution, Pornography And Trafficking -
an NGO engaged in anti-trafficking efforts relating to children)
says that it has no reliable data concerning the number of underage
prostitutes in NZ. ECPAT agreed, however, that the numbers in
Auckland, Wellington and Christchurch would total less than 100
individuals. Both the NZPC and Stop Demand (an anti-prostitution
NGO) noted that many underage individuals often frequent red light
districts and are assumed to be involved in sex work, but these
NGOs' experience is that only a few of the children are actually
engaged in prostitution.
According to the Mangere East Family Center (MEFC) in Auckland, the
number of underage sex workers in that community is less than 20,
and those youth engage in prostitution on an episodic basis rather
than on a full-time basis. In addition, the MEFC points out that,
based on its experience, detecting underage sex workers is made more
difficult by the popularity of cellular phone texting. Almost all
underage sex workers, according to MEFC, are street workers rather
than being located within a brothel. These sex workers are able to
arrange meetings with clients without making contact in public areas
(at least after the initial contact).
The Iosis Family Center (IFC) in Auckland, which has worked with
underage sex workers for several years, estimated that number of
"hard core" underage prostitutes in Auckland is low, though the
number of young girls who occasionally engage in prostitution is
larger. According to the IFC, girls in the latter group do not
consider themselves to be prostitutes, as they engage in such
activity only on holidays or whenever they desire some extra money.
Some insight can be gained from the results of police operations.
In January 2008, police conducted a sweep for underage persons
working in the red light district of Auckland, following six weeks
of intelligence gathering. The operation resulted in 25 arrests, of
which 16 youths under age 18 were allegedly engaged in offering
commercial sexual services. According to police, some were living
in gang homes where they were controlled by pimps who exchanged sex
for accommodation, food and drugs. Charges in this case remain
pending.
In November 2007, the Department of Labour and police simultaneously
raided nine massage parlors in Auckland, Wellington and Christchurch
looking for foreign nationals and underage persons illegally engaged
in prostitution. Seven of the establishments contained foreign
nationals working unlawfully as prostitutes (from Hong Kong and
China with visitor or student visas). No underage sex workers were
discovered. Interviews of the violators failed to reveal evidence
of trafficking, and those working illegally were immediately
deported. Interviews also indicated that the principal motivation
was financial - i.e., to assist their families or support their
studies in NZ. They controlled their earnings, held their travel
documents and resided independently from the business until their
departure from New Zealand.
In January 2006, a police sweep for underage sex workers in the red
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light district of Christchurch yielded four persons under age 18.
There was no indication that the persons were engaged in
prostitution.
-- B. Please provide a general overview of the trafficking situation
in the country and any changes since the last TIP Report (e.g.
changes in direction). (Other items to address may include: What
kind of conditions are the victims trafficked into? Which
populations are targeted by the traffickers? Who are the
traffickers/exploiters? Are
they independent business people? Small or family-based crime
groups? Large international organized crime syndicates? What
methods are used to approach victims? (Are they offered lucrative
jobs, sold by their families, approached by friends of friends,
etc.?) What methods are
used to move the victims (e.g., are false documents being used?).
Are employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to traffic
individuals?
The trafficking situation in NZ has not changed significantly since
the previous report or over the past several years, with no changes
in the direction or the type of trafficking. Notable in the
reporting period, however, is the increase in law enforcement
activity directed at foreign nationals and underage youth engaged in
prostitution, as well as associated judicial activity. These
efforts reflect growing intra-governmental consultation in
development of the National Plan of Action, which has heightened
awareness of TIP-related issues and prompted a good level of
outreach and contact with NGOs.
In the past, source countries of trafficked individuals have
included Thailand, China, and other Asian countries. NZPC confirms
that at the present time, most illegal immigrants engaging in
prostitution come from Thailand, mainland China, Hong Kong and
Taiwan. However, it notes that it is difficult to determine which
of those illegal immigrants, if any, have been trafficked. In
interviews with illegal sex workers prior to their deportation,
according to NZPC, they appear to have participated in prostitution
voluntarily, without coercion or abuse, and they did not consider
themselves trafficking victims. The primary destination of illegal
immigrants engaged in commercial sex work is usually Auckland, New
Zealand's largest city.
Commercial sexual exploitation of children has been and continues to
be a facet of New Zealand's sex industry, but it appears that is not
as large a problem as once believed. Nevertheless, as mentioned
above, it has been the subject of increased focus among governmental
and non-governmental organizations, and increased enforcement
efforts by the New Zealand Police.
The government does devote considerable resources and effort to
address trafficking in persons. While the government's definition
of "trafficking" does not coincide with that of the USG, the NZ
government does both condemn and use other laws to eliminate the
exploitation of children and adults. However, NGOs complain that
the government is not aggressive enough in its enforcement of laws
governing the commercial sex industry, where much of the potential
trafficking occurs.
Following is a summary of recent or ongoing government actions
intended to combat trafficking:
-- An Interagency Working Group (IWG), chaired by the Department of
Labour - Immigration Services, is leading work to develop a National
Plan of Action to Combat Trafficking in Persons (NPA), aimed at
ensuring New Zealand fully meets its international obligations
related to trafficking in persons. The NPA incorporates processes
to raise awareness of trafficking and to establish and build on
relationships between government and key non-governmental
stakeholders. The IWG will consult with civic society and NGOs on
the NPA in early 2008. It is anticipated that the NPA will be
completed by the end of 2008.
-- The government released an Action Plan for New Zealand Women in
2004. The plan was developed by the Ministry of Women's Affairs in
consultation with public sector agencies, NGOs, and civil society
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groups. Although the Plan does not directly address
anti-trafficking measures, its objectives address social and
economic factors that give rise to trafficking.
-- The government has allocated 7.8 million NZD (6.25 million USD)
over the next five years towards implementing a new Recognized
Seasonal Employer Policy (RSE), to fill labor shortages in the
agriculture industry. Among other things, it aims to encourage
legal and controlled migration to New Zealand from within the
Pacific region, and reduce incentives for illegal migration (i.e.,
people smuggling and trafficking).
-- The government adopted enhancements to the government's
anti-trafficking efforts (discussed in detail below).
-- In 2007, the government implemented a smuggling/trafficking
indicators profile (called Advance Passenger Screening), which is
used to profile to monitor travelers coming to New Zealand who are
potential trafficking victims. Between April 1, 2007 to February
29, 2008 the Department of Labour - Immigration prevented 52
malafide travelers from entering the country by using this system
(38 with false passports and 14 for other reasons). No trafficking
cases have been identified through offshore border profiling to
date.
-- The government continues to play an active role in international
and regional fora (such as the Bali Process on People Smuggling,
Trafficking in Persons and Related Transnational Crime) established
to develop collaborative measures to combat trafficking. In 2007,
the government hosted in Wellington a Bali Process Workshop on
Enabling Electronic Exchange of Lost & Stolen Travel Document
Information.
-- The government contributed to the annual Regional Transnational
Organised Crime Assessment, which was submitted to the Pacific
Island Forum (PIF) through the Pacific Immigration Directors
Conference (PIDC) in 2007. The PIDC, which is comprised of 23
Pacific nations including New Zealand, also submitted its annual
People Smuggling, Human Trafficking and Illegal Migration report to
the PIF.
-- In 2006 the government initiated the Pacific Regional
Immigration Identity Project (PRIIP) in partnership with other
Pacific Island nations to better detect, measure, investigate and
prevent the use of identity fraud (and thereby trafficking) within
the Pacific region.
-- In 2003 the government became a member of the International
Organization for Migration (IOM) and continues to consult with IOM
in developing New Zealand's National Plan of Action to Prevent
Trafficking in Persons.
-- The government is also a member of the Intergovernmental
Consultations on Migration, Asylum and Refugees (IGC), an informal
non-decision making forum that meets to exchange information,
practical approaches, and policy debate on issues relevant to the
management of migratory flows (to include trafficking).
-- In 2005, New Zealand joined Australia and the United States as a
full participant in the APEC Regional Movement Alert System (RMAS)
which facilitates the automated checking of passport details to
assist in detecting valid, lost and stolen passports and to deter
trafficking.
-- C. Which government agencies are involved in anti-trafficking
efforts and which agency, if any, has the lead?
The Department of Labour - Immigration has the lead role in NZ's
anti-trafficking efforts. The Department of Labour - Immigration,
the New Zealand Police, the NZ Customs Service, and the Ministry of
Justice have responsibility for enforcement and prosecution of the
law. Trafficking issues are also covered by other agencies such as
the Ministry of Foreign Affairs and Trade, the Ministry of Women's
Affairs and the Ministry of Social Development. The independent
Human Rights Commission also participates to a limited degree.
-- D. What are the limitations on the government's ability to
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address this problem in practice? For example, is funding for
police or other institutions inadequate? Is overall corruption a
problem? Does the government lack the resources to aid victims?
The government is not constrained by fiscal or other resources in
addressing human trafficking issues. NZ has the advantage of not
sharing a common border with another nation, so entry into the
country is only by air or sea. NZ's remote geographical location
makes it very difficult to traffick from the sea, so resources can
be targeted at the appropriate air entry locations.
The government uses several agencies in its anti-trafficking
efforts, including Police, Immigration, Customs and the Armed
Forces. The Armed Forces monitors international waters and NZ's
Exclusive Economic Zone for vessels bound for NZ; Customs and
Immigration concentrate on the territorial sea and on border entry
points.
Overall corruption was not a problem. New Zealand has a number of
legislative, administrative, and enforcement measures in place to
prevent bribery and corruption. NZ is ranked first with Finland in
the most recent Transparency International Corruption Perception
Index.
The government provides and funds an extensive network of victim
support and social services for victims of crimes, to include
victims of trafficking. That network is sufficient to assist
victims of trafficking if a case of trafficking were to occur.
-- E. To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution, victim
protection, and prevention) and periodically make available,
publicly or privately and directly or through regional/international
organizations, its assessments of these anti-trafficking efforts?
In 2001, the government released a document titled "Protecting Our
Innocence - New Zealand's National Plan of Action Against the
Commercial Sexual Exploitation of Children." ECPAT and the
government completed a joint review of the plan and an assessment of
the progress made in reaching the objectives of the plan. That
report was published in 2006.
The Prostitution Reform Act (PRA) established the Prostitution Law
Review Committee (PLRC) to review the operation of the PRA and its
impact on the commercial sex industry. The PLRC will publish its
report in mid-2008.
The government is currently in the process of developing the NPA,
which will involve all interested government agencies, NGOs and
civil society groups. One of the facets of the NPA is to review,
refine and enhance the government's present strategies and
framework, including its monitoring and evaluation strategies, to
strengthen its anti-trafficking efforts.
The government's efforts to prevent trafficking are also reported
within the Bali Process, as well as at relevant UN meetings.
28. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
For questions A-D, posts should highlight in particular whether or
not the country has enacted any new legislation since the last TIP
report.
-- A. Does the country have a law specifically prohibiting
trafficking in persons -- both for sexual and non-sexual purposes
(e.g. forced labor)? If so, please specifically cite the name of
the law and its date of enactment and provide the exact language of
the law prohibiting TIP and all other law(s) used to prosecute TIP
cases. Does the
law(s) cover both internal and external (transnational)
forms of trafficking? If not, under what other laws can
traffickers be prosecuted? For example, are there laws
against slavery or the exploitation of prostitution by
means of force, fraud or coercion? Are these other laws
being used in trafficking cases? Please provide a full
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inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes, (e.g., civil forfeiture laws and laws
against illegal debt).
New Zealand has adopted the definition of trafficking set out in the
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children. That definition only covers
transnational forms of trafficking. Other than this notable
difference with U.S. law, the New Zealand legislation is
comprehensive and covers all aspects of trafficking, including
reception, concealment or harboring of persons. Measures to punish
domestic trafficking, such as abduction, assault, kidnapping, rape
and engaging underage prostitutes, are covered in other New Zealand
legislation.
The key legislative provisions are found in Part 5 of the
Crimes Act 1961. The relevant provisions are sections 98
(dealing in slaves), 98A (participation in organized criminal
group), 98B (definitions), 98C (smuggling migrants), 98D
(trafficking in persons), 98E (aggravating factors), and 98F
(Attorney-General's consent required).
Section 98 of the Crimes Act 1961 makes dealing in slavery an
offense. Sections 98A, 98C and 98D are offenses for which a person
may be extradited from a country with which New Zealand has an
extradition treaty.
In 2005, the government added section 98AA to comply with New
Zealand's obligations under the Optional Protocol to the Convention
on the Sale of Children, Child Prostitution and Child Pornography.
It establishes an offense for dealing in people less than 18 years
for sexual exploitation, removal of body parts, or engagement in
forced labor.
Section 16 of the Prostitution Reform Action 2003 prohibits inducing
or compelling persons to provide commercial sexual services or
earnings from prostitution.
In February 2002, New Zealand passed legislation criminalizing human
smuggling and trafficking. The Transnational Organized Crime Bill
was adopted on June 17, 2002 as an amendment to the Crimes,
Extradition, Immigration, Passports and Mutual Assistance in
Criminal Matters Amendment Acts.
In addition, the Crimes Act prohibits sexual conduct with children
both within and outside NZ (section 144A), and criminalizes the
organization or promotion of child sex tours (section 144C).
The government has introduced legislation into the House of
Representatives that would establish a civil forfeiture law. The
Criminal Proceeds (Recovery) Bill is currently before a select
committee and would authorize the government to seize instruments
used in, or the proceeds derived from, all of the crimes listed
above.
-- B. What are the prescribed penalties for trafficking
people for sexual exploitation? What penalties were
imposed for persons convicted of sexual exploitation over
the reporting period? Please note the number of convicted
sex traffickers who received suspended sentences and the
number who received only a fine as punishment.
The penalty for offenses relating to all types of trafficking is
contained in section 98D of the Crimes Act 1961 and imposes a term
of imprisonment not exceeding 20 years, a fine not exceeding USD
400,000 (NZD 500,000) or both.
No penalties have been imposed under this law because there have
been no prosecutions.
-- C. Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor and
involuntary servitude? Do the government's laws provide
for criminal punishment -- i.e. jail time -- for labor
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recruiters in labor source countries who engage in recruitment of
laborers using knowingly fraudulent or deceptive offers that result
in workers being trafficked in
the destination country? Are there laws in destination countries
punishing employers or labor agents in labor
destination countries who confiscate workers' passports or
travel documents, switch contracts without the worker's
consent as a means to keep the worker in a state of
service, or withhold payment of salaries as means of
keeping the worker in a state of service? If law(s)
prescribe criminal punishments for these offenses, what are
the actual punishments imposed on persons convicted of
these offenses? Please note the number of convicted labor
traffickers who received suspended sentences and the number
who received only a fine as punishment.
In 2002, the government added sections 98A-98F into the Crimes Act
in order to implement of the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children and the
Convention against Transnational Organised Crime.
Section 98C prohibits the smuggling of unauthorised migrants into
New Zealand or any other country. Section 98D prohibits the
trafficking of persons into New Zealand or any other country.
In 2005, the government added section 98AA to comply with New
Zealand's obligations under the Optional Protocol to the Convention
on the Sale of Children, Child Prostitution and Child Pornography.
It prohibits the use of people less than 18 years in forced labor.
The scope of 98AA is broad and covers not only the selling,
bartering, transferring, hiring or renting of a person under 18
years of age, but also prohibits:
-- engaging or permitting a person under 18 years to be engaged in
forced labour,
-- detaining or confining a person for any of the specified
purposes;
-- receiving, transporting, removing or importing a person for any
of the specified purposes;
-- inducing a person who is under 18 years (or the guardian or
caregiver of such a person) to sell, rent, or give himself or
herself for any of the specified purposes.
Violations of section 98 carries a maximum penalty of 20 years
imprisonment and/or a fine not exceeding USD 400,000 (NZD 500,000),
with the exception of 98AA, which carries a maximum penalty of 14
years imprisonment.
The Immigration Act 1987 (section 39A) prohibits employer
exploitation of illegal migrants within New Zealand and carries a
maximum penalty of seven years imprisonment and/or a fine of USD
80,000 (NZD 100,000).
The government proposed a new immigration bill before Parliament in
August 2007. Among other things, the bill would make it a crime
to:
-- exploit persons not legally entitled to work in New Zealand by
failing to comply with minimum employment standards regarding wages,
holiday pay or wage deductions (reinforces existing law in section
39A of the Immigration Act 1987, above); and
-- prevent a person from obtaining their legal entitlements, or
force a person to leave his/her employment or country through such
means as confiscating passports, tickets or travel documents,
preventing outside communication or keeping him/her confined to the
workplace.
The maximum penalty for such crimes would be seven years
imprisonment and/or a fine of USD 80,000 (NZD 100,000).
As noted in 28-F below, in 2007 the government prosecuted five
persons for crimes relating to labor exploitation, resulting in two
convictions to date (one to 27 months incarceration and the other to
21 months home detention). In 2006, the prosecution of one person
resulted in an 18-month prison sentence; and in 2005, one person was
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sentenced to a four and one-half year prison sentence.
-- D. What are the prescribed penalties for rape or
forcible sexual assault? How do they compare to the
prescribed penalties for crimes of trafficking for
commercial sexual exploitation?
Sexual violation (i.e., rape or sexual contact) of an adult is
punishable by a term of imprisonment not to exceed 20 years and
differs from the penalties for trafficking in the following
respects:
-- Unlike trafficking convictions, it does not carry a potential
monetary fine.
-- The minimum sentence for a sexual violation is 8 years. There
is no minimum sentence for trafficking offenses.
-- A person who has been convicted of sexual violation may be
detained without bail ("preventive detention") if the offender has a
history of sexual offenses or poses a risk to the community. A
person who is convicted of a trafficking offense is not eligible to
be placed in preventive detention.
Sexual violation of a child carries a maximum potential penalty of:
-- Ten years if the child is under 16 years of age; and
-- Fourteen years if the child is under 12 years of age.
-- E. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in many countries with federalist systems,
prostitution laws may be under state or local jurisdiction
and may differ among jurisdictions.
Although prostitution in NZ is decriminalized, law enforcement
officers possess a broad range of powers to ensure that the PRA is
complied with. The PRA is designed to ensure that sex workers are
not exploited or subject to adverse employment conditions. The PRA
prohibits persons under 18 years of age and foreign nationals from
working in the commercial sex industry. Other parties involved in
the activities may be prosecuted if they fail to comply with the
law. Prosecutions may follow where there is a lack of consent or the
person is induced or compelled to provide commercial sexual services
or earnings.
The PRA also prohibits a client from engaging a person under the age
of 18. In such cases, the defendant has the burden of proving that
they took adequate steps to ascertain whether the person was over 18
years. It is not an offense for a person under the age of 18 to
provide commercial sexual services; they are instead considered
victims under the PRA.
The PRA provides that no immigration permit may be granted to a
person who has provided or intends to provide commercial sexual
services; has acted or intends to act as an operator of a business
of prostitution; or has invested in or intends investing in a
business of prostitution. It is also a condition of every temporary
immigration permit or limited purpose permit that the holder may not
while in New Zealand provide commercial sexual services, act as an
operator of a New Zealand business of prostitution or invest in a
New Zealand business of prostitution.
The PRA repealed the offenses of brothel keeping and living off the
proceeds of prostitution. However, brothel owners/operators may be
charged with the following offenses under the PRA: using persons
under 18 years of age; providing sexual services where there is a
lack of consent; inducing or compelling a person to provide
commercial sexual services or earnings; or failing to meet
obligations under the Health and Safety in Employment Act 1992
(including but not limited to safe sex practices).
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If a brothel owner/operator uses a person under 18 years of age, he
or she is also subject to penalties under the Crimes Act for sexual
exploitation of a person under 18 years of age.
Various provisions of the Crimes Act might also apply where: there
is violence, or threats of violence or damage to property; or a
person abducts or kidnaps a person with the intent to have sexual
contact.
-- F. Has the government prosecuted any cases against human
trafficking offenders? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
served, including details on plea bargains and fines, if
relevant and available. Please indicate which laws were
used to investigate, prosecute, convict, and sentence
traffickers. Also, if possible, please disaggregate by
type of TIP (labor vs. commercial sexual exploitation) and
victims (children, as defined by U.S. and international law
as under 18 years of age, vs. adults). Does the government
in a labor source country criminally prosecute labor
recruiters who recruit laborers using knowingly fraudulent
or deceptive offers or impose on recruited laborers
inappropriately high or illegal fees or commissions that
create a debt bondage condition for the laborer? Does the
government in a labor destination country criminally
prosecute employers or labor agents who confiscate workers'
passports/travel documents, switch contracts or terms of
employment without the worker's consent, use physical or
sexual abuse or the threat of such abuse to keep workers in
a state of service, or withhold payment of salaries as a
means to keep workers in a state of service? Are the
traffickers serving the time sentenced? If not, why not?
Please indicate whether the government can provide this
information, and if not, why not?
No prosecutions have been brought under the NZ's anti-trafficking
laws to date, as no evidence of trafficking (under New Zealand's
definition) has been found during the course of government
investigations. However, the government has prosecuted and
convicted individuals under the Prostitution Reform Act (PRA) for
using children in prostitution. In addition, the government
conducted compliance visits within brothels to check for underage
sex workers and foreign nationals working as prostitutes (both of
which are prohibited under the PRA).
For the period between June 2006 and December 2007 (the most recent
figures available), the government made 76 compliance visits to
brothels. During those visits authorities found 92 foreign
nationals working illegally in the sex industry. Of those, the
government revoked 47 entry permits (the holders then departed NZ or
were deported) and 33 persons without entry permits either departed
NZ or were deported. The 12 remaining holders of entry permits
(some of them students) were allowed to remain in New Zealand on
humanitarian grounds or given a second chance.
Since the PRA came into force in June 2003 until January 2008, 97
charges have been filed under the various PRA provisions relating to
the illegal operation of brothels. Ninety-four of those charges
related to the illegal use of persons under 18 years of age in
prostitution.
Prosecutions of brothel owners/operators since adoption of the PRA
in 2003 have risen over the years. In 2004 (the first full year
under the PRA), there were 36 prosecutions. This reflected the
initial Police effort to enforce compliance under the new
legislation. Prosecutions then tapered to nine in 2005, but have
increased every subsequent year to 13 in 2006, and 31 in 2007.
There were three prosecutions in January 2008.
Twenty-five of the 97 charges resulted in convictions; 41 cases are
still active. The remaining 56 charges were either withdrawn, the
accused was acquitted or the charges were otherwise not proven. Of
the 25 convictions, five were placed in custody, 12 were sentenced
to community work, two were placed under supervision, three were
given monetary fines, and three were discharged.
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In January 2008, the Department of Labour charged 16 Auckland youths
with working in the commercial sex business, following a coordinated
sweep by the Department of Labour and the NZ Police. Under the PRA,
these youths were not prosecuted as criminals, but rather treated as
victims.
There have been recent developments in two longstanding prosecutions
involving the use of underage prostitutes in Christchurch. On
February 11, 2008 a defendant accused of "using persons under 18
years of age" (a 14-year-old girl and a 16-year-old girl) to provide
sexual services in his brothel in 2005 was sentenced to one year
home detention. On the same day, another defendant was found guilty
of facilitating and assisting in the hiring of an underage
prostitute, with sentencing scheduled for March 17.
With respect to investigating underage prostitution, Police may
legally ask any person for identity and age, but there is no
requirement that persons carry proof of identity or age in New
Zealand. Police always have the option to take an unaccompanied
child into custody for questioning if Police determine that it is
necessary for the physical or mental health of the child or if the
child is impaired. In addition, since many child prostitutes do not
see themselves as victims and do not cooperate with Police, Police
may find it difficult to indict violators. Despite these
difficulties, Police do not consider them to be undue impediments to
their ability to identify underage sex workers. In fact, according
to Police, the PRA has allowed them to have greater contact with
local prostitutes and more likely to hear about underage sex workers
or anyone who is being coerced into prostitution.
The Police are able to enter a brothel and make a compliance
investigation after obtaining a warrant to do so - the same rule
that governs Police entry into any business. The PRA has not
limited Police ability to investigate possible illegal activities
associated with brothels when Police have found it necessary to do
so. In addition, if a violation of immigration law is suspected, a
police officer (who is also an immigration officer under the PRA)
can enter a brothel without a warrant.
Even though there have been no prosecutions relating to labor
exploitation under New Zealand's transnational anti-trafficking
laws, the government employs an extensive statutory regime to
protect workers from exploitation and from working in unsafe or
unhealthy work environments, which applies to all workers employed
in New Zealand, whether or not they are legally entitled to be in
New Zealand.
The overall framework for employment relations is contained in the
Employment Relations Act 2000, which sets provisions for bargaining,
freedom of association, bargaining, personal grievance rights and
procedures for employment problem resolution. The Health and Safety
in Employment Act 1992 establishes the framework for occupational
safety and health in workplaces.
In 2007, the Department of Labour prosecuted five persons for
helping or enticing illegal workers to stay in NZ for material gain
(in violation of the Immigration Act). The workers in this case
jumped ship from Korean fishing vessels (where they were allegedly
exploited and mistreated) while in NZ and were employed by the
defendants to perform agricultural work and again exploited. The
victims were charged substantial "fees," wages were often withheld
or paid minus substantial "expenses," and working conditions were
sometimes deplorable. Thus far, two of the defendants have been
convicted and sentenced: a Vietnamese national, who helped the
workers jump ship and then facilitated their work within New
Zealand, was sentenced to 27 months incarceration; another
Vietnamese national who was involved in exploiting the workers after
their arrival was sentenced to 21 months home detention.
In 2006, the Department of Labour prosecuted an Indonesian national
for helping or enticing illegal workers to stay in NZ for material
gain (another "ship-jumping" case). He was jailed for 18 months.
In 2005, the Department of Labor prosecuted an Indonesian national
for arranging workers to come into New Zealand from Indonesia with
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false passports. He is currently serving a four and one-half year
prison sentence.
-- G. Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking? Specify whether
NGOs, international organizations, and/or the USG provide
specialized training for host government officials.
Within the reporting period, the government initiated training for
Immigration Compliance officers on identifying indicators of
trafficking and trafficking victim interviewing techniques. The
government has not yet determined whether to continue that training
in the future.
A part of the NPA will assess the training that enforcement agencies
currently provide and will explore options for coordinating training
programs between agencies.
The New Zealand Customs Service has a formal Memorandum of
Understanding with the New Zealand Police that covers information
sharing, joint operations and joint training opportunities. The
Department of Labour - Immigration New Zealand has a similar
arrangement with the New Zealand Police.
--H. Does the government cooperate with other governments
in the investigation and prosecution of trafficking cases?
If possible, can post provide the number of cooperative
international investigations on trafficking during the
reporting period?
The Mutual Assistance in Criminal Matters Act 1992 sets out a
process that allows New Zealand to co-operate with other governments
in the investigation and prosecution of criminal activities,
including trafficking, without the need for bilateral mutual legal
assistance treaties. The Act sets out the extent to which New
Zealand is able to request or provide assistance. The New Zealand
government is able to provide assistance in a number of areas
including the gathering of evidence, identifying and locating
persons, and executing warrants. The New Zealand Police also
provide informal assistance to counterparts around the world through
Interpol channels.
New Zealand has not made or received any requests relating to
trafficking under this act to date.
-- I. Does the government extradite persons who are charged
with trafficking in other countries? If so, can post
provide the number of traffickers extradited during the
reporting period? Does the government extradite its own
nationals charged with such offenses? If not, is the
government prohibited by law form extraditing its own
nationals? If so, what is the government doing to modify
its laws to permit the extradition of its own nationals?
Trafficking is an extraditable offence under New Zealand's
Extradition Act 1999 which allows New Zealand to extradite
offenders. New Zealand has never received a request to extradite or
otherwise surrender a person charged with a trafficking offense.
New Zealand's Extradition Act 1999 reserves the government's right
to refuse extradition of a New Zealand national. Despite this, the
government has not, as a matter of general practice, refused to
extradite New Zealand nationals.
-- J. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.
There is no evidence of government involvement in or
tolerance of trafficking.
-- K. If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
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trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials
received suspended sentences, were given a fine, fired, or
reassigned to another position within the government as
punishment. Please provide specific numbers, if available.
Please indicate the number of convicted officials that
received suspended sentences or received only a fine as
punishment.
N/A
-- L. As part of the new requirements of the 2005 TVPRA,
for countries that contribute troops to international
peacekeeping efforts, please indicate whether the
government vigorously investigated, prosecuted, convicted
and sentenced nationals of the country deployed abroad as
part of a peacekeeping or other similar mission who engage
in or facilitate severe forms of trafficking or who exploit
victims of such trafficking.
There is no evidence that New Zealanders engaged in peacekeeping or
similar missions have been involved in trafficking or related
activities.
-- M. If the country has an identified child sex tourism
problem (as source or destination), how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin? What are
the countries of origin for sex tourists? Do the country's
child sexual abuse laws have extraterritorial coverage
(similar to the U.S. PROTECT Act)? If so, how many of the
country's nationals have been prosecuted and/or convicted
under the extraterritorial provision(s) for traveling to
other countries to engage in child sex tourism?
New Zealand has extraterritorial coverage under 144A of the Crimes
Act of 1961 with respect to child sexual abuse laws and New Zealand
has cooperated in the prosecution of New Zealand citizens who have
engaged in child sex tourism overseas. It is also an offense under
section 144C of the Crimes Act 1961 to organize or promote child sex
tours.
According to a 2007 study by John Hopkins University on
international child sex tourism, there have been three NZ citizens
convicted of sex tourism in those countries considered to be
"primary countries of destination:" Two in Thailand (2005); and one
in Cambodia (2004).
Since 2002, there have been two persons charged within New Zealand
for the crime of sexual conduct with a child that occurred outside
New Zealand. One person was convicted (in 2007) and sentenced to a
term of 820 days imprisonment. The charge against the other person
was withdrawn.
Both ECPAT and Stop Demand (an anti-prostitution NGO) have expressed
concern that the government has not directed additional resources
toward enforcement of sex tourism laws. ECPAT pointed out that NZ
has only one officer assigned in Bangkok to cover the entire Asia,
Southeast Asia and Pacific Island region with respect to trafficking
and sex tourism. At the same time, ECPAT acknowledged that NZ,
being a relatively small country with a relatively small problem,
has difficulty justifying additional resources for that purpose.
ECPAT previously noted that countries with similar extra-territorial
legislation on child sex tourism (Canada, Australia and the United
Kingdom) featured information on their extraterritorial legislation
on their government travel advisory websites. New Zealand has,
within the reporting period and at the urging of ECPAT, added such
information to its travel webpage as well.
29. PROTECTION AND ASSISTANCE TO VICTIMS:
-- A. Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If so,
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please explain.
The Victims' Rights Act 2002 makes a number of victims' rights
accessible to foreign trafficking victims. Such rights include the
right to be informed of services (such as physical and mental health
services, legal services, social welfare, and counseling) and access
to remedies.
Temporary entry permits, including limited purpose entry permits (to
testify in court, for example), can also be provided to victims of
trafficking in individual cases.
-- B. Does the country have victim care facilities which
are accessible to trafficking victims? Do foreign victims
have the same access to care as domestic trafficking
victims? Does the country have specialized facilities
dedicated to helping victims of trafficking? If so, can
post provide the number of victims placed in these care
facilities during the reporting period? What is the
funding source of these facilities? Please estimate the
amount the government spent (in U.S. dollar equivalent) on
these specialized facilities dedicated to helping
trafficking victims during the reporting period. Does the
government provide trafficking victims with access to
legal, medical and psychological services? If so, please
specify the kind of assistance provided, and the number of
victims assisted, if available.
The New Zealand Council of Victim Support Groups provides 24-hour
emotional support, personal advocacy and information to all people
affected by crime and trauma throughout New Zealand. Victims with
special needs, such as emotional support or counseling are be
referred by relevant authorities to the specialist provider of care
services.
The New Zealand government is unaware of any situation where a
person accessing these services or facilities has claimed to be a
victim of trafficking. However, the government has put in place
measures to ensure that there are services available for young
persons who are involved in or at risk of all forms of commercial
sexual exploitation.
-- C. Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided is in-kind, please
specify exact assistance. Please explain if funding for
assistance comes from a federal budget or from regional or
local governments.
NZAID is the government agency responsible for managing New
Zealand's official development assistance. In line with its human
rights policy, NZAID supports activities to combat human trafficking
through its contributions to the following entities (all funds from
the NZ federal budget):
-- USD 160,000 (NZD 200,000) to the Asia Pacific Forum of National
Human Rights Institutions in 2007/08.
-- USD 320,000 (NZD 400,000) to the UN Inter-Agency Project on Human
Trafficking in the Greater Mekong Sub-region (participating
countries are: Cambodia, China, Lao, Myanmar, Thailand, and
Vietnam).
The government also contributed or dedicated USD 10.9 million (NZD
13.6 million) for the period 2007 to 2009 to organizations which, as
a part of their mandate, work to detect or prevent trafficking or
provide assistance to trafficking victims. Those organizations
include UNICEF, UNFPA, OHCHR AND UNIFEM.
The government also supported a wide range of human rights NGOs,
including the NZPC, which provided services to commercial sex
workers, some of whom may have been trafficked.
-- D. Do the government's law enforcement, immigration, and
social services personnel have a formal system of
proactively identifying victims of trafficking among high-
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risk persons with whom they come in contact (e.g., foreign
persons arrested for prostitution or immigration
violations)? What is the number of victims identified
during the reporting period? Has the government developed
and implemented a referral process to transfer victims
detained, arrested or placed in protective custody by law
enforcement authorities to institutions that provide short-
or long-term care? How many victims were referred for
assistance by law enforcement authorities during the
reporting period?
Immigration officers have received training on anti-trafficking
legislation and its implementation, including the necessity of
providing victims with information on social services. There are
processes in place for conducting humanitarian interviews with
potential victims and coordinating with the New Zealand Police and
other social services agencies.
No victims were identified during the reporting period.
E. For countries with legalized prostitution: does the
government have a mechanism for screening for trafficking
victims among persons involved in the legal/regulated
commercial sex trade?
New Zealand has decriminalized prostitution. Nevertheless, law
enforcement personnel, including immigration officers, regularly
inspect brothels to ensure that persons working in the industry are
not foreign nationals in New Zealand on temporary permits. In the
course of carrying out these inspections, officers also screen for
victims of trafficking, to include underage sex workers.
-- F. Are the rights of victims respected? Are trafficking
victims detained or jailed? If detained or jailed, for
how long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing
immigration or prostitution?
The government is conscientious about protecting victims' rights,
including potential trafficking victims. In any trafficking case,
the government tries to obtain the victims' collaboration, ensure
their accommodation needs are met, and issue temporary permits where
appropriate to enable them to remain lawfully in New Zealand and to
serve as legal witnesses if needed.
The Victims' Rights Act 2002 provides specific statutory recognition
to the role of victims in the criminal justice system. The Act
provides that government officials in the criminal justice system
should treat victims with courtesy, compassion, and respect for
their personal dignity and privacy; should offer access to
counseling and social services; and should inform victims and their
families of the progress of the criminal proceedings that he or she
is involved in, the charges laid, the victim's role as a prosecution
witness, the date and place of certain events surrounding hearings,
and the final disposition of proceedings. Any information that
should be given to the victim can be given to a support person when
the victim cannot receive it or is not capable alone of
understanding it.
When the government finds underage young persons engaged in the
commercial sex business, it considers them victims rather than
criminals. The government has put in place measures to ensure that
there are support services available for young persons who are
involved in, or at risk of, commercial sexual exploitation.
-- G. Does the government encourage victims to assist in
the investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a
former employer, is the victim permitted to obtain other
employment or to leave the country pending trial
proceedings? Are there means by which a victim may obtain
restitution?
The government's victim response mechanisms have not yet been tested
WELLINGTON 00000091 015 OF 020
by a case of trafficking. As previously noted, the Victims Rights
Act provides specific statutory recognition of the rights of
victims. In the development of the National Plan of Action and
through consultations with NGOs, the government is developing
strategies to ensure that the specific interests and needs of
trafficking victims are taken into account.
If the government becomes aware of an instance of
trafficking, its policy is to take steps to solicit the cooperation
of the victim so long as this does not jeopardize the success of the
investigation. Although the government would have an interest in
persuading the victim to remain, the government would not seek to
prevent a victim of trafficking from leaving the country if the
person desires to leave of her/his own volition.
Where a person has been convicted of an offense, he or she
may be ordered to make reparation to the victim. The court must
consider reparation in all cases and must impose it unless satisfied
that it would result in undue hardship for the offender or the
dependents of the offender, or because of any other special
circumstances.
For example, in 2000 the Human Rights Commission successfully
represented a Thai sex trafficking victim to the New Zealand
Disputes Tribunal, and the victim recovered the NZD 6000 she paid
traffickers for what she believed would be restaurant work.
-- H. What kind of protection is the government able to
provide for victims and witnesses? Does it provide these
protections in practice? What type of shelter or services
does the government provide? Are these services provided
directly by the government or are they provided by NGOs or
IOs funded by host government grants? Does the government
provide shelter or housing benefits to victims or other
resources to aid the victims in rebuilding their lives?
Where are child victims placed (e.g., in shelters, foster
care, or juvenile justice detention centers)? What is the
number of victims assisted by government-funded assistance
programs during the reporting period? What is the number
of victims assisted by non government-funded assistance
programs? What is the number of victims that received
shelter services during the reporting period?
As stated previously, the government's victim response mechanisms
have not yet been tested by a case of trafficking. However,
existing social welfare system and victim assistance programs
suggest that trafficking victims would be sheltered and protected as
witnesses.
-- I. Does the government provide any specialized training
for government officials in identifying trafficking victims
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does
the government provide training on protections and
assistance to its embassies and consulates in foreign
countries that are destination or transit countries? Does
it urge those embassies and consulates to develop ongoing
relationships with NGOs and IOs that serve trafficked
victims? What is the number of trafficking victims
assisted by the host country's embassies or consulates
abroad during the reporting period? Please explain the
level of assistance. For example, did the host government
provide travel documents for the victim to repatriate, did
the host government contact NGOs in either the source or
destination countries to ensure the victim received
adequate assistance, did the host government pay for the
transportation home for a victim's repatriation, etc.
Immigration officers have received training on anti-trafficking
legislation and its implementation, including the necessity of
providing victims with assistance and information on social
services.
Representatives of the Department of Labour and the Human
Rights Commission have participated in and conducted numerous
training workshops in recognizing victims and perpetrators of
WELLINGTON 00000091 016 OF 020
trafficking. The government is an active participant in
international fora concerning human trafficking, including the Bali
Process and the Asia Pacific Forum of National Human Rights
Institutions.
The Department of Labour's Immigration Service has conducted border
control training workshops and document examination training for the
immigration and border control staff of countries in the Asia
Pacific region. The Immigration Service has also provided passenger
screening training to staff of airlines serving New Zealand and the
Pacific.
Senior detectives from New Zealand Police received specialized
training at the Australian Federal Police Trans-National Sexual
Exploitation Investigation Program in May 2007. This three-week
investigator's training course covered human trafficking (sexual
servitude and child sex tourism) from legislation, investigation,
prosecution, NGO, and victim support perspectives. New Zealand
Police are examining how aspects of this training course can be
incorporated into future training for their investigators.
Government diplomats assigned to places where trafficking is likely
to occur or where NZ works closely with other governments on
trafficking (Bali Process countries, those working at the UN, or
other relevant organizations such as IOM) receive a briefing on
trafficking issues before departing for their assignment.
-- J. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its nationals
who are repatriated as victims of trafficking?
To date, the government has not had to provide assistance to
repatriated nationals who have been victims of trafficking, as there
have been no known trafficking victims who were New Zealand
citizens. If there were a need, the government possesses the means
and is prepared to assist such victims.
-- K. Which international organizations or NGOs, if any,
work with trafficking victims? What type of services do
they provide? What sort of cooperation do they receive
from local authorities? How much funding (in U.S. Dollar
Equivalent) did NGOs and international organizations
receive from the host government for victim assistance
during the reporting period? Please disaggregate funding
for prevention and public awareness efforts from victim
assistance funding. NOTE: If post reports that a
government is incapable of providing direct assistance to
TIP victims, please assess whether the government ensures
that TIP victims receive access to adequate care from other
entities. Funding, personnel, and training constraints
should be noted, if applicable. Conversely, the lack of
political will in a situation where a country has adequate
financial and other resources to address the problem should
be noted as well.
The government works closely with ECPAT, the New Zealand Prostitutes
Collective (NZPC), and the Salvation Army. The government is also a
member of the International Organization for Migration (IOM), which
deals with matters relating to trafficking, including counter
trafficking. New Zealand works with IOM on resettlement movements
and consular services (verification of documentation).
There has been no government funding to NGOs specifically for
trafficking victims as, according to the government, there have been
no trafficking victims to date. However, an existing framework of
government and NGO-provided services is available for trafficking
victims, to include transnational trafficking victims, underage sex
workers, and exploited illegal migrant farm workers.
30. PREVENTION:
-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?
The government acknowledges that transnational trafficking is a
potential problem, and it is vigilant to detect and address any
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trafficking that may occur. As stated above, the government's
definition of trafficking does not take into account various forms
of domestic exploitation which, it admits, is a limited problem.
Nevertheless, the government actively attempts to prevent such
exploitation under other laws (those dealing with the abuse and
exploitation of children and of workers).
-- B. Are there, or have there been, government-run anti-
trafficking information or education campaigns conducted
during the reporting period? If so, briefly describe the
campaign(s), including their objectives and effectiveness.
Please provide the number of people reached by such
awareness efforts if available. Do these campaigns target
potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or beneficiaries
of forced labor)?
There have been no government-run anti-trafficking information and
education campaigns targeting transnational trafficking, underage
prostitution or exploitation of migrant workers during the reporting
period. However, the government plans to raise awareness of
trafficking issues as part of the strategy for launching the
National Plan of Action, later in 2008.
The government (through the Ministry of Social Development)
currently funds one information and support project for transgender
youth who desire to exit the commercial sex industry. This project,
operated by the Mangere East Family Center (MEFC) in Auckland,
targets only transgender youth because, according to the MEFC, there
are other information resources available for "straight" underage
sex workers through the public school system (where they are more
likely to be found, compared to transgender youth).
-- C. What is the relationship between government
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue?
Government officials from a wide range of agencies work closely with
NGOs and civil society groups on this issue and have done so for
several years. There have been a number of joint initiatives, such
as the 2001 National Plan of Action Against the Commercial Sexual
Exploitation of Children, joint working groups to respond to
concerns about the potential for women and girls being trafficked
into New Zealand and held in debt bondage, and the 2005 National
Plan of Action to Combat Trafficking (NPA). The government plans to
invite NGOs and civil society groups to attend consultation meetings
as the government develops the NPA.
NGOs such as ECPAT and Stop Demand desire more government resources
and effort in the fight to prevent and detect trafficking
(particularly underage sex workers), even though these NGOs agree
that the estimated number of trafficking victims is small.
-- D. Does the government monitor immigration and
emigration patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking
victims along borders?
The government regularly monitors immigration and emigration
patterns and conducts onshore and off-shore passenger screening as
an integral element of detecting and preventing trafficking. The
Government has in place an Advance Passenger Processing (APP) system
that requires airlines to identify passengers who may be seeking to
enter New Zealand illegally before they embark on an aircraft.
In countries that are considered to be a high-risk source of
trafficked victims and where a visa is required to travel to New
Zealand (Taiwan, Thailand and mainland China), the New Zealand
immigration officials focus special attention on the detection of
trafficking during the visa approval process. Immigration officials
also coordinate closely with Australian immigration officials, who
have the same concerns in their country.
In countries that are considered to be a high-risk source of
trafficked victims but where a visa is not required to travel to New
Zealand (such as Hong Kong and Malaysia), immigration officials
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rely on APP to help target likely trafficking victims for special
scrutiny.
New Zealand also participates in the APEC Regional Movement Alert
System (RMAS) which allows for the automated checking of passport
details (of those countries participating in RMAS) and assists in
detecting invalid, lost and stolen passports.
-- E. Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task
force? Does the government have a trafficking in persons
working group or single point of contact? Does the
government have a public corruption task force?
The Department of Labour - Immigration leads the government's
Inter-agency Working Group (IWG) on trafficking-related issues. The
IWG is comprised of the Police, the Customs Service, the Ministry of
Foreign Affairs and Trade, the Ministry of Justice, the Ministry of
Social Development, the Ministry of Health, and the Ministry of
Women's Affairs.
The Customs Service has a formal Memorandum of Understanding (MOU)
with the Police that covers information sharing, joint operations
and joint training opportunities, which includes trafficking-related
issues. The Department of Labour - Immigration has a similar
arrangement with the Police.
The government has a number of legislative, administrative, and
enforcement measures in place to prevent bribery and corruption.
While no single agency is charged with the task of dealing with
corruption, there are a number of agencies that fulfill specific
tasks. The core government Ministries and agencies include: Police,
Financial Intelligence Unit; Serious Fraud Office; Office of the
Ombudsmen; Inland Revenue; the Office of the Controller and
Auditor-General, Department of Internal Affairs and State Services
Commission. There are other agencies as well, such as the Ministry
of Justice, which leads policy initiatives against corruption and
bribery.
New Zealand is perceived to be one of the world's two least corrupt
countries (along with Finland) according to the annual survey by
Transparency International. The index defines corruption as the
abuse of public office for private gain and measures the degree to
which corruption is perceived to exist among a country's public
officials and politicians.
-- F. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the
process? What steps has the government taken to
disseminate the action plan?
The government is developing a comprehensive NPA which will
supplement already existing national plans of action as previously
mentioned. The government agencies involved are the Department of
Labour, the Police, the Customs Service, the Department of the Prime
Minister and Cabinet, the Ministry of Women's Affair, the Ministry
of Justice, the Ministry of Foreign Affairs & Trade, the Ministry of
Health, and the Ministry of Social Development.
NGOs are participating in and contributing to the development of the
NPA, where the government is aiming to create an effective
partnership between government agencies and NGOs to assist any
future identified victims of trafficking.
In order to maximize the effectiveness and impact of the NPA, the
government plans a comprehensive promotion and publicity strategy
that will circulate the NPA widely and make it publicly available.
Access to the document will also be possible through Government
web-sites. The government will also publicize the NPA through
ministerial press conferences and media releases.
-- G: For all posts: As part of the new criteria added to
the TVPA's minimum standards by the 2005 TVPRA, what
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measures has the government taken during the reporting
period to reduce the demand for commercial sex acts? (see
ref B, para. 9(3) for examples
With the decriminalization of prostitution in 2003, the government
has taken action to reduce the demand for illegal sex acts - i.e.,
with underage sex workers and foreign nationals who have entered the
country illegally.
The government's goal in decriminalizing prostitution was to promote
the human rights, welfare and occupational health and safety of sex
workers, rather than to reduce the demand for commercial sexual
services. The PRA established the Prostitution Law Review Committee
(PLRC), whose function is to review the operation of the PRA and its
impact on the sex industry. The Committee is also tasked with
assessing the nature and adequacy of the means available to assist
persons to avoid or cease work in the sex industry. The Committee
will present its final report to the Minister of Justice in
mid-2008.
-- H. Required of Posts in EU countries and posts in
Canada, Australia, New Zealand, Japan, China, Singapore,
South Korea, Taiwan, and Hong Kong: As part of the new
criteria added to the TVPA's minimum standards by the 2005
TVPRA, what measures has the government taken during the
reporting period to reduce the participation in
international child sex tourism by nationals of the
country?
As noted previously in 28-M above, the government has
extraterritorial coverage under section 144A of the Crimes Act 1961
(relating to child sexual abuse).
It is also an offence under section 144C of the Crimes Act 1961 to
organize or promote child sex tours. There have been no
prosecutions brought under this section in the period 2002 to 2008.
Countries with similar extra-territorial legislation on child sex
tourism (Canada, Australia and the United Kingdom) featured
information on their extraterritorial legislation on their
government travel advisory websites. New Zealand has, within the
reporting period and at the urging of ECPAT, added such information
to its travel webpage as well.
-- I. Required of posts in countries that have contributed
over 100 troops to international peacekeeping efforts
(Argentina, Australia, Austria, Bangladesh, Belgium, Benin,
Bolivia, Brazil, Burkina Faso, Cambodia, Cameroon, Canada,
Chile, China, Denmark, Egypt, Ethiopia, Fiji, Finland,
France, Gambia, Germany, Ghana, Greece, Guatemala, Hungary,
India, Indonesia, Ireland, Italy, Jordan, Kenya, Malawi,
Malaysia, Mali, Mongolia, Morocco, Namibia, Nepal, the
Netherlands, Niger, Nigeria, Pakistan, Peru, Philippines,
Poland, Portugal, Qatar, Romania, Russia, Rwanda, Senegal,
Slovakia, South Africa, Spain, Sri Lanka, Sweden, Tanzania,
Togo, Tunisia, Turkey, Ukraine, United Kingdom, Uruguay,
Zambia, and Zimbabwe): What measures has the government
adopted to ensure that its nationals who are deployed
abroad as part of a peacekeeping or other similar mission
do not engage in or facilitate severe forms of trafficking
or exploit victims of such trafficking?
While not specifically mentioned above, New Zealand does have more
than 100 peacekeeping troops serving in Timor-Leste and Afghanistan.
Personnel of the New Zealand Defence Force (NZDF) are obligated to
comply with the NZDF Code of Conduct. Included in the Code of
Conduct card, that is issued to each member of the NZDF, is an
extract of the Laws of Armed Conflict which incorporates the
requirement to: "Treat all Civilians and persons deprived of their
liberty humanely, protect them from abuse, and respect their
property"
The government has no evidence to suggest that NZDF personnel
engaged in Timor-Leste, Afghanistan or similar missions have been
involved in trafficking or related activities. In the event that
evidence of such activity would be discovered, the government would
WELLINGTON 00000091 020 OF 020
regard that activity as a crime under New Zealand law. The NZDF
Discipline Act 1971 makes all offences under NZ Law applicable to
members of the NZDF, wherever they may be assigned.
Prior to deployment into mission areas all NZDF personnel undergo
pre-deployment training (PDT). PDT prepares the service member for
operations in the specific mission area, and includes briefings on
cultural and legal issues. Specific in-theatre briefings also occur
on deployment.
End Responses
-------------
2. (U) Embassy POC for trafficking in persons issues is Political
Officer Gary Rex, telephone (644)462-6043, fax (644)472-3537.
3. (U) Post estimates that Rex spent 80 hours in preparation of the
TIP report response cable.
MCCORMIC