Crimes Act 1961

Crimes against public order - Slave dealing

98: Dealing in slaves

You could also call this:

“It's against the law to treat people as property or force them to work without freedom.”

If you deal with slaves in any way, you can go to prison for up to 14 years. This applies whether you’re in New Zealand or not. You can’t sell, buy, trade, rent, or use people as slaves. You can’t keep someone as a slave or move them around to be used as a slave. You’re not allowed to make someone sell themselves or others as slaves. You can’t make someone go into debt-bondage or serfdom. It’s illegal to use ships or planes for any of these slave-related activities. You can’t give or transfer a woman in marriage without her agreeing to it. You can’t inherit a woman when her husband dies. If you’re a parent or guardian, you can’t give your child to someone else to be used for work. You’re also not allowed to agree or offer to do any of these things.

Debt-bondage means when someone promises their work, or the work of someone they control, as payment for a debt. It’s wrong if the work isn’t fairly valued to pay off the debt, or if there’s no clear end to how long or what kind of work they have to do.

Serfdom is when someone has to live and work on land owned by another person. They have to do certain jobs for that person, whether they get paid or not, and they can’t choose to leave or change this situation.

A slave includes anyone who is in debt-bondage or serfdom.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328579.

Topics:
Crime and justice > Criminal law

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Part 5 Crimes against public order
Slave dealing

98Dealing in slaves

  1. Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,—

  2. sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or
    1. employs or uses any person as a slave, or permits any person to be so employed or used; or
      1. detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or
        1. induces any person to sell, let, or give himself or herself, or any other person dependent on him or her or in his or her charge, as a slave; or
          1. in any case not covered by paragraph (d), induces any person to sell, let, or give any other person into debt-bondage or serfdom; or
            1. builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e); or
              1. for gain or reward gives in marriage or transfers any woman to another person without her consent; or
                1. is a party to the inheritance by any person of a woman on the death of her husband; or
                  1. being a parent or guardian of any child under the age of 18 years, delivers that child to another person with intent that the child or his or her labour shall be exploited; or
                    1. agrees or offers to do any of the acts mentioned in this subsection.
                      1. For the purposes of this section—

                        debt-bondage means the status or condition arising from a pledge by a debtor of his or her personal services, or of the personal services of any person under his or her control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined

                          serfdom means the status or condition of a tenant who is by any law, custom, or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition

                            slave includes, without limitation, a person subject to debt-bondage or serfdom.

                            Compare
                            • Slave Trade Act 1824 ss 2, 3, 10 (UK)
                            • Slave Trade Act 1843 s 1 (UK)
                            Notes
                            • Section 98(1)(e): replaced, on , by section 3(1) of the Crimes Amendment Act 2001 (2001 No 9).
                            • Section 98(1)(f): replaced, on , by section 3(1) of the Crimes Amendment Act 2001 (2001 No 9).
                            • Section 98(2) slave: inserted, on , by section 3(2) of the Crimes Amendment Act 2001 (2001 No 9).