Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against public order - Smuggling and trafficking in people

98C: Smuggling migrants

You could also call this:

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

You can get in trouble if you help people who aren’t allowed to enter a country to get there. This is called smuggling migrants. Here’s what you need to know:

If you arrange for someone who isn’t allowed to enter New Zealand or another country to get there, you could be punished. This applies if you do it for something valuable (like money) and you either know or don’t care if the person isn’t allowed to enter.

You can also get in trouble if you arrange to bring someone who isn’t allowed to enter to New Zealand or another country. This is if you do it for something valuable, you know or don’t care if they’re not allowed to enter, and you know or don’t care if they plan to try to enter the country.

The punishment for smuggling migrants can be up to 20 years in prison, a fine of up to $500,000, or both.

You can still get in trouble for trying to smuggle migrants even if the person didn’t actually enter or wasn’t actually brought to the country you arranged for them to go to.

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 It might be out of date or be missing some parts.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=DLM328720.

Topics:
Crime and justice > Criminal law
Immigration and citizenship > Border control
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98B: Terms used in sections 98C to 98F, or

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

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98D: Trafficking in persons, or

“This law makes it illegal to help move or keep people for bad purposes, like forcing them to work or taking their body parts.”

Part 5 Crimes against public order
Smuggling and trafficking in people

98CSmuggling migrants

  1. Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to enter New Zealand or any other State, if he or she—

  2. does so for a material benefit; and
    1. either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

      1. Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to be brought to New Zealand or any other State, if he or she—

      2. does so for a material benefit; and
        1. either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and
          1. either—
            1. knows that the person intends to try to enter the State; or
              1. is reckless as to whether the person intends to try to enter the State.

              2. The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

              3. Proceedings may be brought under subsection (1) even if the unauthorised migrant did not in fact enter the State concerned.

              4. Proceedings may be brought under subsection (2) even if the unauthorised migrant was not in fact brought to the State concerned.

              Notes
              • Section 98C: inserted, on , by section 5 of the Crimes Amendment Act 2002 (2002 No 20).