Human trafficking in New Zealand
[4] According to the United States Department of State annual reporting on the effectiveness of government actions to address human trafficking, New Zealand has consistently achieved a Tier One (highest) ranking, achieving full compliance with the minimum standards as contained in the Trafficking Victims Protection Act 2000 (TVPA).
During the period of June to July in 2008, the Department of Labour held a public consultation to formulate a “whole of government approach”[3]: 4 to human trafficking.
[3]: 9 The MBIE is to conduct ongoing research in human trafficking and to assist in this, the National Intelligence Centre shares information legally with other governments.
[13] Financial assistance has been provided for human trafficking initiatives in the Asia Pacific region[14] through the New Zealand Agency for International Development.
Victims are certified with trafficked status by the New Zealand Police and the appropriate government agency conducts an investigation and may issue legal proceedings.
[15] The Health and Disability Eligibility Direction 2011 entitles all victims to receive government support, including legal aid, counselling and medical treatment, with full coverage under the Accident Compensation Scheme.
[22] To date, no convictions have been recorded and it has been suggested that the lack of prosecutions and investigations is due to the high evidentiary bar of the current law.
[25] The Human Rights Commission undertook the ‘Pink Sticker Campaign’ to raise awareness of exploitation and advertise a safe house for victims, and the Ministry of Justice suspended the visa free status between New Zealand and Thailand.
[27] To address the issue of illegal migrant sex workers, it is an offence to threaten to disclose unlawful immigrant status as a method of coercing a person to perform commercial sexual services.
[30] The PRA makes it an offence to facilitate or receive payment for commercial sex with a person under the age of 18,[31] with a maximum penalty of 7 years imprisonment.
In R v Allan Geoffrey Pahl[41] the fact that the defendant was misled to believe and pursue a fictional under-aged woman was irrelevant to the prosecution of the claim.
[42] Due to the extraterritorial definition of human trafficking, cases in the courts involving debt bondage and migrant labour have been prosecuted under Section 98 of the Crimes Act.
If they are restricted to work with a particular employer, they might submit to threats if it is preferable to deportation, and they may fear shame if their family has supported their arrival to New Zealand or are relying on their earnings.
[47] In 2013, the National Government pledged $7 million over four years towards this issue, allowing for the increased hiring of labour inspectors and immigration officers in the region.
[51] In 1997, the first proceedings alleging human rights abuses on a FCV were brought in the New Zealand courts and the crew members were awarded compensation.
[53]: 88 In September 2005, ten Indonesian crew of the Korean flagged Sky 75 vessel fled at port and complained to the New Zealand Police of subjection to inhumane conditions and non-payment of wages.
[54] As this was non-binding policy directive, there was no obligation for New Zealand authorities to enforce the code, therefore exploitation continued, with further successful claims in the courts raising awareness of the issue.
[56] In 2011, crew members of the Shin Ji and Oyang 75 alleged they had been subjected to physical, psychological and sexual abuse, suffered inhumane working conditions and punishments, and were underpaid or denied payment of wages, forced under threat to conceal this to authorities.
[63]: 13 Various non-governmental organizations operate in New Zealand to provide assistance to research programs, offer victim response and promote general public awareness.
