Findings of the legislative frameworks in different countries to prevent human trafficking. The findings are from the 2013 Department of State Trafficking in Persons Report.[1]
Human trafficking is a crime in New Zealand under Section 98D of the Crimes Act 1961. In 2002, the New Zealand Government ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol),[2] a protocol to the United Nations Convention against Transnational Organized Crime (UNTOC). New Zealand participates in efforts to combat human trafficking in the Asia-Pacific region, and has a leadership role in the Bali Process on People Smuggling, Human Trafficking and related Transnational Crime (Bali Process).[3]: 13
As human trafficking is not considered to be an active issue in New Zealand, the government focus is on prevention and identification of victims and offending.[3]: 5 New Zealand has been classified as a destination country for human trafficking and a source location for domestic trafficking of forced labour, including children in the sex trade.[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).[5] These standards are generally consistent with the Palermo Protocol.[6]
To implement the Palermo Protocol, the Crimes Act 1961 was amended to include the offence of human trafficking in 2002.[7] In response to the Bali Process, New Zealand pledged to create a practical plan to address human trafficking and established the Inter Agency Working Group on People Trafficking (Working Group) in 2006.[3]: 3 The Department of Labour, acting on behalf of the Working Group, released the Plan of Action to Prevent People Trafficking in 2009. The definition of human trafficking as involving exclusively transnational movement has meant that claims for domestic human trafficking in the workforce, sex industry and foreign fishing vessels have been pursued in other statutes, such as the Prostitution Reform Act 2003 (PRA) and the Immigration Act 2009 that attract lesser penalties. This issue is currently being addressed in a proposed legislative amendment.[8] U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017.[9]
^"Trafficking in Persons Report 2013". U.S. Department of State. 2013.
^Status of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. treaties.un.org. Retrieved 30 April 2015.
^ abc"Plan of Action to Prevent People Trafficking" (PDF). dol.govt.nz. p. 13. Retrieved 30 April 2015.
^"New Zealand Country Report, Trafficking in Persons Report 2014" state.gov. Retrieved 30 April 2015.
^Pub L. 106-386.
^Definitions and Methodology, Trafficking in Persons Report 2014 state.gov. Retrieved 30 April 2015.
^Crimes Amendment Act 2002, Section 5.
^"Organised Crime and Anti-corruption Bill" parliament.govt.nz. Retrieved 30 April 2015.
^"Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 28 June 2017. Retrieved 1 December 2017.
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