Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against public order - Smuggling and trafficking in people

98D: Trafficking in persons

You could also call this:

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

You can be punished if you arrange for someone to enter or leave New Zealand or any other country to exploit them or if you know they are being forced or tricked. You can also be punished if you receive, recruit, move, hide, or shelter someone in New Zealand or any other country to exploit them or if you know they are being forced or tricked.

If you do these things, you could go to prison for up to 20 years, be fined up to $500,000, or both.

You can still be charged even if only part of what you did involved exploiting, forcing, or tricking someone. You can also be charged even if the person didn’t actually enter or leave the country, or wasn’t actually received, recruited, moved, hidden, or sheltered.

In this law, ‘exploit’ means using tricks or force to make someone do things like prostitution or other sexual services, slavery or similar practices, forced work, or have their organs removed.

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 It might be out of date or be missing some parts.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=DLM328722.

Topics:
Crime and justice > Criminal law
Rights and equality > Anti-discrimination
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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.”

Next

98E: Aggravating factors, or

“Things that make smuggling or trafficking people a worse crime when deciding punishment”

Part 5 Crimes against public order
Smuggling and trafficking in people

98DTrafficking in persons

  1. Every person is liable to the penalty stated in subsection (2) who arranges, organises, or procures—

  2. the entry of a person into, or the exit of a person out of, New Zealand or any other State—
    1. for the purpose of exploiting or facilitating the exploitation of the person; or
      1. knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or
      2. the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—
        1. for the purpose of exploiting or facilitating the exploitation of the person; or
          1. knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.

          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 this section even if—

          4. parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:
            1. the person exploited, coerced, or deceived—
              1. did not in fact enter or exit the State concerned; or
                1. was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.

                2. For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—

                3. prostitution or other sexual services:
                  1. slavery, practices similar to slavery, servitude, forced labour, or other forced services:
                    1. the removal of organs.

                      Notes
                      • Section 98D: replaced, on , by section 5 of the Crimes Amendment Act 2015 (2015 No 95).