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Crimes Act 1961

Crimes against public order - Smuggling and trafficking in people

98B: Terms used in sections 98C to 98F

You could also call this:

“This section explains important words used in laws about smuggling and moving people illegally.”

In sections 98C to 98F, you’ll find some important words and what they mean. These definitions help explain parts of the law about smuggling and trafficking people.

When someone uses force against you, it’s called an “act of coercion”. This can mean taking you away without your permission, using force against you, hurting you, or threatening to hurt you or someone else.

An “act of deception” is when someone tricks you. This includes doing something fraudulent.

If someone “arranges for an unauthorised migrant to be brought to a State”, it means they help people who don’t have the right papers to enter a country. This can involve organising the trip, finding people to bring, or actually carrying people into the country.

Similarly, “arranges for an unauthorised migrant to enter a State” means helping people without proper documents to get into a country. This includes organising their entry, finding people to enter, or bringing them into the country.

A “document” isn’t just paper. It can also be something attached to a document or stamped on it.

“Harming a person” means causing any kind of harm. This could be physical harm, emotional harm, or financial harm. It also includes treating someone badly in a sexual way or damaging their reputation.

An “unauthorised migrant” is someone who isn’t a citizen of a country and doesn’t have all the correct documents to enter that country legally.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328701.

Topics:
Crime and justice > Criminal law
Immigration and citizenship > Border control
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98A: Participation in organised criminal group, or

“Taking part in a group that plans to do illegal things for money or violence”

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98C: Smuggling migrants, or

“This law makes it illegal to help people enter a country when they're not allowed, especially if you get something in return.”

Part 5 Crimes against public order
Smuggling and trafficking in people

98BTerms used in sections 98C to 98F

  1. In sections 98C to 98F, unless the context otherwise requires,—

    act of coercion against the person includes—

    1. abducting the person:
      1. using force in respect of the person:
        1. harming the person:
          1. threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person

            act of deception includes fraudulent action

              arranges for an unauthorised migrant to be brought to a State includes—

              1. organises or procures the bringing to a State:
                1. recruits for bringing to a State:
                  1. carries to a State

                    arranges for an unauthorised migrant to enter a State includes—

                    1. organises or procures the entry into a State:
                      1. recruits for entry into a State:
                        1. carries into a State

                          document includes a thing that is or is intended to be—

                          1. attached to a document; or
                            1. stamped or otherwise signified on a document

                              harming of a person means causing harm of any kind to the person; and (in particular) includes—

                              1. causing physical, psychological, or financial harm to the person:
                                1. sexually mistreating the person:
                                  1. causing harm to the person's reputation, status, or prospects

                                    unauthorised migrant, in relation to a State, means a person who is neither a citizen of the State nor in possession of all the documents required by or under the law of the State for the person's lawful entry into the State.

                                    Notes
                                    • Section 98B: inserted, on , by section 5 of the Crimes Amendment Act 2002 (2002 No 20).
                                    • Section 98B for a material benefit: repealed, on , by section 3(3) of the Crimes Amendment Act 2005 (2005 No 41).