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RUEHBK/AMEMBASSY BANGKOK 1731
RUEHBJ/AMEMBASSY BEIJING 0397
RUEHHK/AMCONSUL HONG KONG 0141
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RUEHGH/AMCONSUL SHANGHAI 0009
RUEHSH/AMCONSUL SHENYANG 0011
RUEHIN/AIT TAIPEI 0092
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 20 WELLINGTON 000091 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/ANP, EAP/RSP 
DEPARTMENT PASS USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PREF ASEC SMIG ELAB KCRM KWMN KFRD NZ
SUBJ: TRAFFICKING IN PERSONS - NEW ZEALAND 2/2007 
 
REF: 07 STATE 2731 
 
¶1.  (SBU) Following are responses for the Trafficking in Persons 
report for New Zealand, keyed to reftel: 
 
Begin Responses 
--------------- 
 
¶27.  Overview of a country's activities to eliminate 
trafficking in persons: 
 
-- A. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or children? 
Provide, where possible, numbers or estimates for each group; how 
they were trafficked, to where, and for what purpose.  Does the 
trafficking occur within the country's borders?  Does it occur in 
territory outside of 
the government's control (e.g. in a civil war situation)?  Are any 
estimates or reliable numbers available as to the extent or 
magnitude of the problem?   What is (are) the source(s) of available 
information on trafficking in persons or what plans are in place (if 
any) to undertake documentation of trafficking? How reliable are the 
numbers 
and these sources?  Are certain groups of persons more at risk of 
being trafficked (e.g. women and children, boys versus girls, 
certain ethnic groups, refugees, etc.)? 
 
There is no evidence that New Zealand (NZ) is a country of origin or 
transit in transnational trafficking.  There is information that NZ 
is a country of destination however, and that some domestic 
trafficking exists, though the total number of trafficked victims 
(both transnational and domestic) is estimated to be small. 
 
There is no hard evidence (victim interviews, arrests, convictions, 
etc.) to support a precise determination of the number of such 
victims.  However, based on information gleaned from law enforcement 
authorities and the Prostitution Law Reform Committee (PLRC), Post 
estimates the number of transnational victims entering New Zealand 
each year is less than 100, primarily Asian women engaged in the 
legal sex industry. 
 
The number of domestic trafficking victims is also small (estimated 
to be less than 100), and consists of underage sex workers, and 
Asian migrants working in the agricultural sector. 
 
Estimates on TIP information in New Zealand are derived from the 
Department of Labour, the New Zealand Customs Service, the Ministry 
of Foreign Affairs and Trade, the Ministry of Justice, the New 
Zealand Police, the Department of Prime Minister and Cabinet, the 
Ministry of Health, the Ministry of Social Development, the Ministry 
of Women's Affairs, the media, and from non-governmental 
organizations (NGOs) working in the field. 
 
No comprehensive figures and agreed-upon statistics on the extent of 
trafficking within NZ exist at the present time, although some 
surveys have been done.  The Prostitution Law Review Committee 
(PLRC), established with the adoption of the Prostitution Reform Act 
(PRA) in 2003, is tasked with issuing a five-year report on the 
status and effectiveness of the PRA.  The PLRC's final report is due 
later in 2008.  In addition, the government-proposed National Plan 
of Action to Prevent Trafficking in Persons (NPA) will, among other 
things, expand government monitoring and assessment efforts. 
 
With regard to the persons most at risk for transnational 
trafficking, the government and NGOs agree that Asian women have the 
greatest risk of being trafficked into New Zealand, primarily for 
prostitution.  With regard to domestic trafficking, the persons most 
at risk are young NZ women (under 18 years) engaged in the 
commercial sex industry and low-skilled, illegal migrant men and 
women working in the agricultural sector. 
 
In 2007, the New Zealand Prostitutes Collective (NZPC) concluded a 
nationwide survey of commercial sex workers and brothels.  The 
survey was conducted at the request of the PLRC in support of the 
Committee's final report.  The results of the NZPC survey have not 
yet been publicly released, but were shared with Post. 
 
WELLINGTON 00000091  002 OF 020 
 
 
 
According to NZPC's polling and interview data, the present number 
of underage sex workers in NZ is much smaller than the figure of 200 
announced by the PLRC in 2004.  NZPC estimated that there were, 
within the last year, approximately six to 12 underage sex workers 
in Auckland, three in Wellington, and three in Christchurch.  There 
may be underage prostitutes in other NZ cities, but most 
prostitution occurs within the three cities mentioned. 
 
NZPC states that some of those underage sex workers have now left 
the business and have been referred to local social service 
agencies.  NZPC believes its numbers are accurate, as both 
prostitutes and brothel managers were forthcoming about underage 
participation and work willingly with NZPC and authorities in order 
to deter younger participants and avoid undue police scrutiny of 
their legal activities.  However, the NZPC study, which only 
contacted brothel managers and prostitutes working in brothels, may 
not fully take into account the number of underage sex workers who 
are involved in street prostitution. 
 
ECPAT (Eliminate Child prostitution, Pornography And Trafficking - 
an NGO engaged in anti-trafficking efforts relating to children) 
says that it has no reliable data concerning the number of underage 
prostitutes in NZ.  ECPAT agreed, however, that the numbers in 
Auckland, Wellington and Christchurch would total less than 100 
individuals.  Both the NZPC and Stop Demand (an anti-prostitution 
NGO) noted that many underage individuals often frequent red light 
districts and are assumed to be involved in sex work, but these 
NGOs' experience is that only a few of the children are actually 
engaged in prostitution. 
 
According to the Mangere East Family Center (MEFC) in Auckland, the 
number of underage sex workers in that community is less than 20, 
and those youth engage in prostitution on an episodic basis rather 
than on a full-time basis.  In addition, the MEFC points out that, 
based on its experience, detecting underage sex workers is made more 
difficult by the popularity of cellular phone texting.  Almost all 
underage sex workers, according to MEFC, are street workers rather 
than being located within a brothel.  These sex workers are able to 
arrange meetings with clients without making contact in public areas 
(at least after the initial contact). 
 
The Iosis Family Center (IFC) in Auckland, which has worked with 
underage sex workers for several years, estimated that number of 
"hard core" underage prostitutes in Auckland is low, though the 
number of young girls who occasionally engage in prostitution is 
larger.  According to the IFC, girls in the latter group do not 
consider themselves to be prostitutes, as they engage in such 
activity only on holidays or whenever they desire some extra money. 
 
 
Some insight can be gained from the results of police operations. 
In January 2008, police conducted a sweep for underage persons 
working in the red light district of Auckland, following six weeks 
of intelligence gathering. The operation resulted in 25 arrests, of 
which 16 youths under age 18 were allegedly engaged in offering 
commercial sexual services.  According to police, some were living 
in gang homes where they were controlled by pimps who exchanged sex 
for accommodation, food and drugs.  Charges in this case remain 
pending. 
 
In November 2007, the Department of Labour and police simultaneously 
raided nine massage parlors in Auckland, Wellington and Christchurch 
looking for foreign nationals and underage persons illegally engaged 
in prostitution. Seven of the establishments contained foreign 
nationals working unlawfully as prostitutes (from Hong Kong and 
China with visitor or student visas).  No underage sex workers were 
discovered.  Interviews of the violators failed to reveal evidence 
of trafficking, and those working illegally were immediately 
deported.  Interviews also indicated that the principal motivation 
was financial - i.e., to assist their families or support their 
studies in NZ.  They controlled their earnings, held their travel 
documents and resided independently from the business until their 
departure from New Zealand. 
 
In January 2006, a police sweep for underage sex workers in the red 
 
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light district of Christchurch yielded four persons under age 18. 
There was no indication that the persons were engaged in 
prostitution. 
 
-- B. Please provide a general overview of the trafficking situation 
in the country and any changes since the last TIP Report (e.g. 
changes in direction).  (Other items to address may include:  What 
kind of conditions are the victims trafficked into?  Which 
populations are targeted by the traffickers?  Who are the 
traffickers/exploiters?  Are 
they independent business people?  Small or family-based crime 
groups?  Large international organized crime syndicates?  What 
methods are used to approach victims?  (Are they offered lucrative 
jobs, sold by their families, approached by friends of friends, 
etc.?)  What methods are 
used to move the victims (e.g., are false documents being used?). 
Are employment, travel, and tourism agencies or marriage brokers 
involved with or fronting for traffickers or crime groups to traffic 
individuals? 
 
The trafficking situation in NZ has not changed significantly since 
the previous report or over the past several years, with no changes 
in the direction or the type of trafficking.  Notable in the 
reporting period, however, is the increase in law enforcement 
activity directed at foreign nationals and underage youth engaged in 
prostitution, as well as associated judicial activity.  These 
efforts reflect growing intra-governmental consultation in 
development of the National Plan of Action, which has heightened 
awareness of TIP-related issues and prompted a good level of 
outreach and contact with NGOs. 
 
In the past, source countries of trafficked individuals have 
included Thailand, China, and other Asian countries.  NZPC confirms 
that at the present time, most illegal immigrants engaging in 
prostitution come from Thailand, mainland China, Hong Kong and 
Taiwan.  However, it notes that it is difficult to determine which 
of those illegal immigrants, if any, have been trafficked.  In 
interviews with illegal sex workers prior to their deportation, 
according to NZPC, they appear to have participated in prostitution 
voluntarily, without coercion or abuse, and they did not consider 
themselves trafficking victims.  The primary destination of illegal 
immigrants engaged in commercial sex work is usually Auckland, New 
Zealand's largest city. 
 
Commercial sexual exploitation of children has been and continues to 
be a facet of New Zealand's sex industry, but it appears that is not 
as large a problem as once believed.  Nevertheless, as mentioned 
above, it has been the subject of increased focus among governmental 
and non-governmental organizations, and increased enforcement 
efforts by the New Zealand Police. 
 
The government does devote considerable resources and effort to 
address trafficking in persons.  While the government's definition 
of "trafficking" does not coincide with that of the USG, the NZ 
government does both condemn and use other laws to eliminate the 
exploitation of children and adults.  However, NGOs complain that 
the government is not aggressive enough in its enforcement of laws 
governing the commercial sex industry, where much of the potential 
trafficking occurs. 
 
Following is a summary of recent or ongoing government actions 
intended to combat trafficking: 
 
-- An Interagency Working Group (IWG), chaired by the Department of 
Labour - Immigration Services, is leading work to develop a National 
Plan of Action to Combat Trafficking in Persons (NPA), aimed at 
ensuring New Zealand fully meets its international obligations 
related to trafficking in persons.  The NPA incorporates processes 
to raise awareness of trafficking and to establish and build on 
relationships between government and key non-governmental 
stakeholders.  The IWG will consult with civic society and NGOs on 
the NPA in early 2008.  It is anticipated that the NPA will be 
completed by the end of 2008. 
-- The government released an Action Plan for New Zealand Women in 
¶2004.  The plan was developed by the Ministry of Women's Affairs in 
consultation with public sector agencies, NGOs, and civil society 
 
WELLINGTON 00000091  004 OF 020 
 
 
groups.  Although the Plan does not directly address 
anti-trafficking measures, its objectives address social and 
economic factors that give rise to trafficking. 
-- The government has allocated 7.8 million NZD (6.25 million USD) 
over the next five years towards implementing a new Recognized 
Seasonal Employer Policy (RSE), to fill labor shortages in the 
agriculture industry.  Among other things, it aims to encourage 
legal and controlled migration to New Zealand from within the 
Pacific region, and reduce incentives for illegal migration (i.e., 
people smuggling and trafficking). 
 
-- The government adopted enhancements to the government's 
anti-trafficking efforts (discussed in detail below). 
 
-- In 2007, the government implemented a smuggling/trafficking 
indicators profile (called Advance Passenger Screening), which is 
used to profile to monitor travelers coming to New Zealand who are 
potential trafficking victims.  Between April 1, 2007 to February 
29, 2008 the Department of Labour - Immigration prevented 52 
malafide travelers from entering the country by using this system 
(38 with false passports and 14 for other reasons).  No trafficking 
cases have been identified through offshore border profiling to 
date. 
 
-- The government continues to play an active role in international 
and regional fora (such as the Bali Process on People Smuggling, 
Trafficking in Persons and Related Transnational Crime) established 
to develop collaborative measures to combat trafficking.  In 2007, 
the government hosted in Wellington a Bali Process Workshop on 
Enabling Electronic Exchange of Lost & Stolen Travel Document 
Information. 
 
-- The government contributed to the annual Regional Transnational 
Organised Crime Assessment, which was submitted to the Pacific 
Island Forum (PIF) through the Pacific Immigration Directors 
Conference (PIDC) in 2007.  The PIDC, which is comprised of 23 
Pacific nations including New Zealand, also submitted its annual 
People Smuggling, Human Trafficking and Illegal Migration report to 
the PIF. 
 
 -- In 2006 the government initiated the Pacific Regional 
Immigration Identity Project (PRIIP) in partnership with other 
Pacific Island nations to better detect, measure, investigate and 
prevent the use of identity fraud (and thereby trafficking) within 
the Pacific region. 
 
-- In 2003 the government became a member of the International 
Organization for Migration (IOM) and continues to consult with IOM 
in developing New Zealand's National Plan of Action to Prevent 
Trafficking in Persons. 
 
-- The government is also a member of the Intergovernmental 
Consultations on Migration, Asylum and Refugees (IGC), an informal 
non-decision making forum that meets to exchange information, 
practical approaches, and policy debate on issues relevant to the 
management of migratory flows (to include trafficking). 
 
-- In 2005, New Zealand joined Australia and the United States as a 
full participant in the APEC Regional Movement Alert System (RMAS) 
which facilitates the automated checking of passport details to 
assist in detecting valid, lost and stolen passports and to deter 
trafficking. 
 
-- C. Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
The Department of Labour - Immigration has the lead role in NZ's 
anti-trafficking efforts.  The Department of Labour - Immigration, 
the New Zealand Police, the NZ Customs Service, and the Ministry of 
Justice have responsibility for enforcement and prosecution of the 
law.  Trafficking issues are also covered by other agencies such as 
the Ministry of Foreign Affairs and Trade, the Ministry of Women's 
Affairs and the Ministry of Social Development.  The independent 
Human Rights Commission also participates to a limited degree. 
 
-- D. What are the limitations on the government's ability to 
 
WELLINGTON 00000091  005 OF 020 
 
 
address this problem in practice?  For example, is funding for 
police or other institutions inadequate?  Is overall corruption a 
problem?  Does the government lack the resources to aid victims? 
 
The government is not constrained by fiscal or other resources in 
addressing human trafficking issues.  NZ has the advantage of not 
sharing a common border with another nation, so entry into the 
country is only by air or sea.  NZ's remote geographical location 
makes it very difficult to traffick from the sea, so resources can 
be targeted at the appropriate air entry locations. 
 
The government uses several agencies in its anti-trafficking 
efforts, including Police, Immigration, Customs and the Armed 
Forces.  The Armed Forces monitors international waters and NZ's 
Exclusive Economic Zone for vessels bound for NZ; Customs and 
Immigration concentrate on the territorial sea and on border entry 
points. 
 
Overall corruption was not a problem.  New Zealand has a number of 
legislative, administrative, and enforcement measures in place to 
prevent bribery and corruption.  NZ is ranked first with Finland in 
the most recent Transparency International Corruption Perception 
Index. 
 
The government provides and funds an extensive network of victim 
support and social services for victims of crimes, to include 
victims of trafficking.  That network is sufficient to assist 
victims of trafficking if a case of trafficking were to occur. 
 
-- E. To what extent does the government systematically monitor its 
anti-trafficking efforts (on all fronts -- prosecution, victim 
protection, and prevention) and periodically make available, 
publicly or privately and directly or through regional/international 
organizations, its assessments of these anti-trafficking efforts? 
 
In 2001, the government released a document titled "Protecting Our 
Innocence - New Zealand's National Plan of Action Against the 
Commercial Sexual Exploitation of Children."  ECPAT and the 
government completed a joint review of the plan and an assessment of 
the progress made in reaching the objectives of the plan.  That 
report was published in 2006. 
 
The Prostitution Reform Act (PRA) established the Prostitution Law 
Review Committee (PLRC) to review the operation of the PRA and its 
impact on the commercial sex industry.  The PLRC will publish its 
report in mid-2008. 
 
The government is currently in the process of developing the NPA, 
which will involve all interested government agencies, NGOs and 
civil society groups.  One of the facets of the NPA is to review, 
refine and enhance the government's present strategies and 
framework, including its monitoring and evaluation strategies, to 
strengthen its anti-trafficking efforts. 
 
The government's efforts to prevent trafficking are also reported 
within the Bali Process, as well as at relevant UN meetings. 
 
 
¶28. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
For questions A-D, posts should highlight in particular whether or 
not the country has enacted any new legislation since the last TIP 
report. 
 
-- A. Does the country have a law specifically prohibiting 
trafficking in persons -- both for sexual and non-sexual purposes 
(e.g. forced labor)?  If so, please specifically cite the name of 
the law and its date of enactment and provide the exact language of 
the law prohibiting TIP and all other law(s) used to prosecute TIP 
cases.  Does the 
law(s) cover both internal and external (transnational) 
forms of trafficking? If not, under what other laws can 
traffickers be prosecuted?  For example, are there laws 
against slavery or the exploitation of prostitution by 
means of force, fraud or coercion?   Are these other laws 
being used in trafficking cases?  Please provide a full 
 
WELLINGTON 00000091  006 OF 020 
 
 
inventory of trafficking laws, including non-criminal 
statutes that allow for civil penalties against alleged 
trafficking crimes, (e.g., civil forfeiture laws and laws 
against illegal debt). 
 
New Zealand has adopted the definition of trafficking set out in the 
Protocol to Prevent, Suppress and Punish Trafficking in Persons, 
especially Women and Children.  That definition only covers 
transnational forms of trafficking.  Other than this notable 
difference with U.S. law, the New Zealand legislation is 
comprehensive and covers all aspects of trafficking, including 
reception, concealment or harboring of persons. Measures to punish 
domestic trafficking, such as abduction, assault, kidnapping, rape 
and engaging underage prostitutes, are covered in other New Zealand 
legislation. 
 
The key legislative provisions are found in Part 5 of the 
Crimes Act 1961.  The relevant provisions are sections 98 
(dealing in slaves), 98A (participation in organized criminal 
group), 98B (definitions), 98C (smuggling migrants), 98D 
(trafficking in persons), 98E (aggravating factors), and 98F 
(Attorney-General's consent required). 
 
Section 98 of the Crimes Act 1961 makes dealing in slavery an 
offense.  Sections 98A, 98C and 98D are offenses for which a person 
may be extradited from a country with which New Zealand has an 
extradition treaty. 
 
In 2005, the government added section 98AA to comply with New 
Zealand's obligations under the Optional Protocol to the Convention 
on the Sale of Children, Child Prostitution and Child Pornography. 
It establishes an offense for dealing in people less than 18 years 
for sexual exploitation, removal of body parts, or engagement in 
forced labor. 
 
Section 16 of the Prostitution Reform Action 2003 prohibits inducing 
or compelling persons to provide commercial sexual services or 
earnings from prostitution. 
 
In February 2002, New Zealand passed legislation criminalizing human 
smuggling and trafficking.  The Transnational Organized Crime Bill 
was adopted on June 17, 2002 as an amendment to the Crimes, 
Extradition, Immigration, Passports and Mutual Assistance in 
Criminal Matters Amendment Acts. 
 
In addition, the Crimes Act prohibits sexual conduct with children 
both within and outside NZ (section 144A), and criminalizes the 
organization or promotion of child sex tours (section 144C). 
 
The government has introduced legislation into the House of 
Representatives that would establish a civil forfeiture law.  The 
Criminal Proceeds (Recovery) Bill is currently before a select 
committee and would authorize the government to seize instruments 
used in, or the proceeds derived from, all of the crimes listed 
above. 
 
-- B. What are the prescribed penalties for trafficking 
people for sexual exploitation?  What penalties were 
imposed for persons convicted of sexual exploitation over 
the reporting period?  Please note the number of convicted 
sex traffickers who received suspended sentences and the 
number who received only a fine as punishment. 
 
The penalty for offenses relating to all types of trafficking is 
contained in section 98D of the Crimes Act 1961 and imposes a term 
of imprisonment not exceeding 20 years, a fine not exceeding USD 
400,000 (NZD 500,000) or both. 
 
No penalties have been imposed under this law because there have 
been no prosecutions. 
 
-- C. Punishment of Labor Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking for 
labor exploitation, such as forced or bonded labor and 
involuntary servitude?  Do the government's laws provide 
for criminal punishment -- i.e. jail time -- for labor 
 
WELLINGTON 00000091  007 OF 020 
 
 
recruiters in labor source countries who engage in recruitment of 
laborers using knowingly fraudulent or deceptive offers that result 
in workers being trafficked in 
the destination country?  Are there laws in destination countries 
punishing  employers or labor agents in labor 
destination countries who confiscate workers' passports or 
travel documents, switch contracts without the worker's 
consent as a means to keep the worker in a state of 
service, or withhold payment of salaries as means of 
keeping the worker in a state of service?  If law(s) 
prescribe criminal punishments for these offenses, what are 
the actual punishments imposed on persons convicted of 
these offenses?  Please note the number of convicted labor 
traffickers who received suspended sentences and the number 
who received only a fine as punishment. 
 
In 2002, the government added sections 98A-98F into the Crimes Act 
in order to implement of the Protocol to Prevent, Suppress and 
Punish Trafficking in Persons, Especially Women and Children and the 
Convention against Transnational Organised Crime. 
 
Section 98C prohibits the smuggling of unauthorised migrants into 
New Zealand or any other country.  Section 98D prohibits the 
trafficking of persons into New Zealand or any other country. 
 
In 2005, the government added section 98AA to comply with New 
Zealand's obligations under the Optional Protocol to the Convention 
on the Sale of Children, Child Prostitution and Child Pornography. 
It prohibits the use of people less than 18 years in forced labor. 
The scope of 98AA is broad and covers not only the selling, 
bartering, transferring, hiring or renting of a person under 18 
years of age, but also prohibits: 
 
-- engaging or permitting a person under 18 years to be engaged in 
forced labour, 
-- detaining or confining a person for any of the specified 
purposes; 
-- receiving, transporting, removing or importing a person for any 
of the specified purposes; 
-- inducing a person who is under 18 years (or the guardian or 
caregiver of such a person) to sell, rent, or give himself or 
herself for any of the specified purposes. 
 
Violations of section 98 carries a maximum penalty of 20 years 
imprisonment and/or a fine not exceeding USD 400,000 (NZD 500,000), 
with the exception of 98AA, which carries a maximum penalty of 14 
years imprisonment. 
 
The Immigration Act 1987 (section 39A) prohibits employer 
exploitation of illegal migrants within New Zealand and carries a 
maximum penalty of seven years imprisonment and/or a fine of USD 
80,000 (NZD 100,000). 
 
The government proposed a new immigration bill before Parliament in 
August 2007.  Among other things, the bill would make it a crime 
to: 
 
-- exploit persons not legally entitled to work in New Zealand by 
failing to comply with minimum employment standards regarding wages, 
holiday pay or wage deductions (reinforces existing law in section 
39A of the Immigration Act 1987, above); and 
 
-- prevent a person from obtaining their legal entitlements, or 
force a person to leave his/her employment or country through such 
means as confiscating passports, tickets or travel documents, 
preventing outside communication or keeping him/her confined to the 
workplace. 
 
The maximum penalty for such crimes would be seven years 
imprisonment and/or a fine of USD 80,000 (NZD 100,000). 
 
As noted in 28-F below, in 2007 the government prosecuted five 
persons for crimes relating to labor exploitation, resulting in two 
convictions to date (one to 27 months incarceration and the other to 
21 months home detention).  In 2006, the prosecution of one person 
resulted in an 18-month prison sentence; and in 2005, one person was 
 
WELLINGTON 00000091  008 OF 020 
 
 
sentenced to a four and one-half year prison sentence. 
 
-- D. What are the prescribed penalties for rape or 
forcible sexual assault?  How do they compare to the 
prescribed penalties for crimes of trafficking for 
commercial sexual exploitation? 
 
Sexual violation (i.e., rape or sexual contact) of an adult is 
punishable by a term of imprisonment not to exceed 20 years and 
differs from the penalties for trafficking in the following 
respects: 
 
-- Unlike trafficking convictions, it does not carry a potential 
monetary fine. 
 
-- The minimum sentence for a sexual violation is 8 years.   There 
is no minimum sentence for trafficking offenses. 
 
-- A person who has been convicted of sexual violation may be 
detained without bail ("preventive detention") if the offender has a 
history of sexual offenses or poses a risk to the community.  A 
person who is convicted of a trafficking offense is not eligible to 
be placed in preventive detention. 
 
Sexual violation of a child carries a maximum potential penalty of: 
 
-- Ten years if the child is under 16 years of age; and 
 
-- Fourteen years if the child is under 12 years of age. 
 
-- E. Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized?  Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers criminalized? 
Are these laws enforced?  If prostitution is legal and 
regulated, what is the legal minimum age for this activity? 
Note that in many countries with federalist systems, 
prostitution laws may be under state or local jurisdiction 
and may differ among jurisdictions. 
 
Although prostitution in NZ is decriminalized, law enforcement 
officers possess a broad range of powers to ensure that the PRA is 
complied with.  The PRA is designed to ensure that sex workers are 
not exploited or subject to adverse employment conditions.  The PRA 
prohibits persons under 18 years of age and foreign nationals from 
working in the commercial sex industry.  Other parties involved in 
the activities may be prosecuted if they fail to comply with the 
law. Prosecutions may follow where there is a lack of consent or the 
person is induced or compelled to provide commercial sexual services 
or earnings. 
 
The PRA also prohibits a client from engaging a person under the age 
of 18.  In such cases, the defendant has the burden of proving that 
they took adequate steps to ascertain whether the person was over 18 
years.  It is not an offense for a person under the age of 18 to 
provide commercial sexual services; they are instead considered 
victims under the PRA. 
 
The PRA provides that no immigration permit may be granted to a 
person who has provided or intends to provide commercial sexual 
services; has acted or intends to act as an operator of a business 
of prostitution; or has invested in or intends investing in a 
business of prostitution.  It is also a condition of every temporary 
immigration permit or limited purpose permit that the holder may not 
while in New Zealand provide commercial sexual services, act as an 
operator of a New Zealand business of prostitution or invest in a 
New Zealand business of prostitution. 
 
The PRA repealed the offenses of brothel keeping and living off the 
proceeds of prostitution.  However, brothel owners/operators may be 
charged with the following offenses under the PRA: using persons 
under 18 years of age; providing sexual services where there is a 
lack of consent; inducing or compelling a person to provide 
commercial sexual services or earnings; or failing to meet 
obligations under the Health and Safety in Employment Act 1992 
(including but not limited to safe sex practices). 
 
WELLINGTON 00000091  009 OF 020 
 
 
 
If a brothel owner/operator uses a person under 18 years of age, he 
or she is also subject to penalties under the Crimes Act for sexual 
exploitation of a person under 18 years of age. 
 
Various provisions of the Crimes Act might also apply where: there 
is violence, or threats of violence or damage to property; or a 
person abducts or kidnaps a person with the intent to have sexual 
contact. 
 
-- F. Has the government prosecuted any cases against human 
trafficking offenders?  If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
served, including details on plea bargains and fines, if 
relevant and available.  Please indicate which laws were 
used to investigate, prosecute, convict, and sentence 
traffickers.  Also, if possible, please disaggregate by 
type of TIP (labor vs. commercial sexual exploitation) and 
victims (children, as defined by U.S. and international law 
as under 18 years of age, vs. adults).  Does the government 
in a labor source country criminally prosecute labor 
recruiters who recruit laborers using knowingly fraudulent 
or deceptive offers or impose on recruited laborers 
inappropriately high or illegal fees or commissions that 
create a debt bondage condition for the laborer?  Does the 
government in a labor destination country criminally 
prosecute employers or labor agents who confiscate workers' 
passports/travel documents, switch contracts or terms of 
employment without the worker's consent, use physical or 
sexual abuse or the threat of such abuse to keep workers in 
a state of service, or withhold payment of salaries as a 
means to keep workers in a state of service?  Are the 
traffickers serving the time sentenced?  If not, why not? 
Please indicate whether the government can provide this 
information, and if not, why not? 
 
No prosecutions have been brought under the NZ's anti-trafficking 
laws to date, as no evidence of trafficking (under New Zealand's 
definition) has been found during the course of government 
investigations.  However, the government has prosecuted and 
convicted individuals under the Prostitution Reform Act (PRA) for 
using children in prostitution.  In addition, the government 
conducted compliance visits within brothels to check for underage 
sex workers and foreign nationals working as prostitutes (both of 
which are prohibited under the PRA). 
 
For the period between June 2006 and December 2007 (the most recent 
figures available), the government made 76 compliance visits to 
brothels.  During those visits authorities found 92 foreign 
nationals working illegally in the sex industry.  Of those, the 
government revoked 47 entry permits (the holders then departed NZ or 
were deported) and 33 persons without entry permits either departed 
NZ or were deported.  The 12 remaining holders of entry permits 
(some of them students) were allowed to remain in New Zealand on 
humanitarian grounds or given a second chance. 
 
Since the PRA came into force in June 2003 until January 2008, 97 
charges have been filed under the various PRA provisions relating to 
the illegal operation of brothels.  Ninety-four of those charges 
related to the illegal use of persons under 18 years of age in 
prostitution. 
 
Prosecutions of brothel owners/operators since adoption of the PRA 
in 2003 have risen over the years.  In 2004 (the first full year 
under the PRA), there were 36 prosecutions.  This reflected the 
initial Police effort to enforce compliance under the new 
legislation.  Prosecutions then tapered to nine in 2005, but have 
increased every subsequent year to 13 in 2006, and 31 in 2007. 
There were three prosecutions in January 2008. 
 
Twenty-five of the 97 charges resulted in convictions; 41 cases are 
still active.  The remaining 56 charges were either withdrawn, the 
accused was acquitted or the charges were otherwise not proven.  Of 
the 25 convictions, five were placed in custody, 12 were sentenced 
to community work, two were placed under supervision, three were 
given monetary fines, and three were discharged. 
 
WELLINGTON 00000091  010 OF 020 
 
 
 
In January 2008, the Department of Labour charged 16 Auckland youths 
with working in the commercial sex business, following a coordinated 
sweep by the Department of Labour and the NZ Police.  Under the PRA, 
these youths were not prosecuted as criminals, but rather treated as 
victims. 
 
There have been recent developments in two longstanding prosecutions 
involving the use of underage prostitutes in Christchurch.  On 
February 11, 2008 a defendant accused of "using persons under 18 
years of age" (a 14-year-old girl and a 16-year-old girl) to provide 
sexual services in his brothel in 2005 was sentenced to one year 
home detention.  On the same day, another defendant was found guilty 
of facilitating and assisting in the hiring of an underage 
prostitute, with sentencing scheduled for March 17. 
 
With respect to investigating underage prostitution, Police may 
legally ask any person for identity and age, but there is no 
requirement that persons carry proof of identity or age in New 
Zealand.  Police always have the option to take an unaccompanied 
child into custody for questioning if Police determine that it is 
necessary for the physical or mental health of the child or if the 
child is impaired.  In addition, since many child prostitutes do not 
see themselves as victims and do not cooperate with Police, Police 
may find it difficult to indict violators.  Despite these 
difficulties, Police do not consider them to be undue impediments to 
their ability to identify underage sex workers.  In fact, according 
to Police, the PRA has allowed them to have greater contact with 
local prostitutes and more likely to hear about underage sex workers 
or anyone who is being coerced into prostitution. 
 
The Police are able to enter a brothel and make a compliance 
investigation after obtaining a warrant to do so - the same rule 
that governs Police entry into any business.  The PRA has not 
limited Police ability to investigate possible illegal activities 
associated with brothels when Police have found it necessary to do 
so.  In addition, if a violation of immigration law is suspected, a 
police officer (who is also an immigration officer under the PRA) 
can enter a brothel without a warrant. 
 
Even though there have been no prosecutions relating to labor 
exploitation under New Zealand's transnational anti-trafficking 
laws, the government employs an extensive statutory regime to 
protect workers from exploitation and from working in unsafe or 
unhealthy work environments, which applies to all workers employed 
in New Zealand, whether or not they are legally entitled to be in 
New Zealand. 
 
The overall framework for employment relations is contained in the 
Employment Relations Act 2000, which sets provisions for bargaining, 
freedom of association, bargaining, personal grievance rights and 
procedures for employment problem resolution.  The Health and Safety 
in Employment Act 1992 establishes the framework for occupational 
safety and health in workplaces. 
 
In 2007, the Department of Labour prosecuted five persons for 
helping or enticing illegal workers to stay in NZ for material gain 
(in violation of the Immigration Act).  The workers in this case 
jumped ship from Korean fishing vessels (where they were allegedly 
exploited and mistreated) while in NZ and were employed by the 
defendants to perform agricultural work and again exploited.  The 
victims were charged substantial "fees," wages were often withheld 
or paid minus substantial "expenses," and working conditions were 
sometimes deplorable. Thus far, two of the defendants have been 
convicted and sentenced: a Vietnamese national, who helped the 
workers jump ship and then facilitated their work within New 
Zealand, was sentenced to 27 months incarceration; another 
Vietnamese national who was involved in exploiting the workers after 
their arrival was sentenced to 21 months home detention. 
 
In 2006, the Department of Labour prosecuted an Indonesian national 
for helping or enticing illegal workers to stay in NZ for material 
gain (another "ship-jumping" case).  He was jailed for 18 months. 
 
In 2005, the Department of Labor prosecuted an Indonesian national 
for arranging workers to come into New Zealand from Indonesia with 
 
WELLINGTON 00000091  011 OF 020 
 
 
false passports.  He is currently serving a four and one-half year 
prison sentence. 
 
-- G. Does the government provide any specialized training 
for government officials in how to recognize, investigate, 
and prosecute instances of trafficking?  Specify whether 
NGOs, international organizations, and/or the USG provide 
specialized training for host government officials. 
 
Within the reporting period, the government initiated training for 
Immigration Compliance officers on identifying indicators of 
trafficking and trafficking victim interviewing techniques.  The 
government has not yet determined whether to continue that training 
in the future. 
 
A part of the NPA will assess the training that enforcement agencies 
currently provide and will explore options for coordinating training 
programs between agencies. 
 
The New Zealand Customs Service has a formal Memorandum of 
Understanding with the New Zealand Police that covers information 
sharing, joint operations and joint training opportunities.  The 
Department of Labour - Immigration New Zealand has a similar 
arrangement with the New Zealand Police. 
 
--H. Does the government cooperate with other governments 
in the investigation and prosecution of trafficking cases? 
If possible, can post provide the number of cooperative 
international investigations on trafficking during the 
reporting period? 
 
The Mutual Assistance in Criminal Matters Act 1992 sets out a 
process that allows New Zealand to co-operate with other governments 
in the investigation and prosecution of criminal activities, 
including trafficking, without the need for bilateral mutual legal 
assistance treaties.  The Act sets out the extent to which New 
Zealand is able to request or provide assistance.  The New Zealand 
government is able to provide assistance in a number of areas 
including the gathering of evidence, identifying and locating 
persons, and executing warrants.  The New Zealand Police also 
provide informal assistance to counterparts around the world through 
Interpol channels. 
 
New Zealand has not made or received any requests relating to 
trafficking under this act to date. 
 
-- I. Does the government extradite persons who are charged 
with trafficking in other countries?  If so, can post 
provide the number of traffickers extradited during the 
reporting period?  Does the government extradite its own 
nationals charged with such offenses?   If not, is the 
government prohibited by law form extraditing its own 
nationals?  If so, what is the government doing to modify 
its laws to permit the extradition of its own nationals? 
 
Trafficking is an extraditable offence under New Zealand's 
Extradition Act 1999 which allows New Zealand to extradite 
offenders.  New Zealand has never received a request to extradite or 
otherwise surrender a person charged with a trafficking offense. 
 
New Zealand's Extradition Act 1999 reserves the government's right 
to refuse extradition of a New Zealand national.  Despite this, the 
government has not, as a matter of general practice, refused to 
extradite New Zealand nationals. 
 
-- J. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional 
level?  If so, please explain in detail. 
 
There is no evidence of government involvement in or 
tolerance of trafficking. 
 
-- K. If government officials are involved in trafficking, 
what steps has the government taken to end such 
participation?  Please indicate the number of government 
officials investigated and prosecuted for involvement in 
 
WELLINGTON 00000091  012 OF 020 
 
 
trafficking or trafficking-related corruption during the 
reporting period.  Have any been convicted?  What 
sentence(s) was imposed?  Please specify if officials 
received suspended sentences, were given a fine, fired, or 
reassigned to another position within the government as 
punishment.  Please provide specific numbers, if available. 
Please indicate the number of convicted officials that 
received suspended sentences or received only a fine as 
punishment. 
 
N/A 
 
-- L. As part of the new requirements of the 2005 TVPRA, 
for countries that contribute troops to international 
peacekeeping efforts, please indicate whether the 
government vigorously investigated, prosecuted, convicted 
and sentenced nationals of the country deployed abroad as 
part of a peacekeeping or other similar mission who engage 
in or facilitate severe forms of trafficking or who exploit 
victims of such trafficking. 
 
There is no evidence that New Zealanders engaged in peacekeeping or 
similar missions have been involved in trafficking or related 
activities. 
 
-- M. If the country has an identified child sex tourism 
problem (as source or destination), how many foreign 
pedophiles has the government prosecuted or 
deported/extradited to their country of origin?  What are 
the countries of origin for sex tourists?  Do the country's 
child sexual abuse laws have extraterritorial coverage 
(similar to the U.S. PROTECT Act)?  If so, how many of the 
country's nationals have been prosecuted and/or convicted 
under the extraterritorial provision(s) for traveling to 
other countries to engage in child sex tourism? 
 
New Zealand has extraterritorial coverage under 144A of the Crimes 
Act of 1961 with respect to child sexual abuse laws and New Zealand 
has cooperated in the prosecution of New Zealand citizens who have 
engaged in child sex tourism overseas.  It is also an offense under 
section 144C of the Crimes Act 1961 to organize or promote child sex 
tours. 
 
According to a 2007 study by John Hopkins University on 
international child sex tourism, there have been three NZ citizens 
convicted of sex tourism in those countries considered to be 
"primary countries of destination:" Two in Thailand (2005); and one 
in Cambodia (2004). 
 
Since 2002, there have been two persons charged within New Zealand 
for the crime of sexual conduct with a child that occurred outside 
New Zealand.  One person was convicted (in 2007) and sentenced to a 
term of 820 days imprisonment.  The charge against the other person 
was withdrawn. 
 
Both ECPAT and Stop Demand (an anti-prostitution NGO) have expressed 
concern that the government has not directed additional resources 
toward enforcement of sex tourism laws.  ECPAT pointed out that NZ 
has only one officer assigned in Bangkok to cover the entire Asia, 
Southeast Asia and Pacific Island region with respect to trafficking 
and sex tourism.  At the same time, ECPAT acknowledged that NZ, 
being a relatively small country with a relatively small problem, 
has difficulty justifying additional resources for that purpose. 
 
ECPAT previously noted that countries with similar extra-territorial 
legislation on child sex tourism (Canada, Australia and the United 
Kingdom) featured information on their extraterritorial legislation 
on their government travel advisory websites.  New Zealand has, 
within the reporting period and at the urging of ECPAT, added such 
information to its travel webpage as well. 
 
¶29. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A. Does the government assist foreign trafficking 
victims, for example, by providing temporary to permanent 
residency status, or other relief from deportation?  If so, 
 
WELLINGTON 00000091  013 OF 020 
 
 
please explain. 
 
The Victims' Rights Act 2002 makes a number of victims' rights 
accessible to foreign trafficking victims.  Such rights include the 
right to be informed of services (such as physical and mental health 
services, legal services, social welfare, and counseling) and access 
to remedies. 
 
Temporary entry permits, including limited purpose entry permits (to 
testify in court, for example), can also be provided to victims of 
trafficking in individual cases. 
 
-- B.  Does the country have victim care facilities which 
are accessible to trafficking victims?  Do foreign victims 
have the same access to care as domestic trafficking 
victims?  Does the country have specialized facilities 
dedicated to helping victims of trafficking?  If so, can 
post provide the number of victims placed in these care 
facilities during the reporting period?  What is the 
funding source of these facilities?  Please estimate the 
amount the government spent (in U.S. dollar equivalent) on 
these specialized facilities dedicated to helping 
trafficking victims during the reporting period.  Does the 
government provide trafficking victims with access to 
legal, medical and psychological services?  If so, please 
specify the kind of assistance provided, and the number of 
victims assisted, if available. 
 
The New Zealand Council of Victim Support Groups provides 24-hour 
emotional support, personal advocacy and information to all people 
affected by crime and trauma throughout New Zealand.  Victims with 
special needs, such as emotional support or counseling are be 
referred by relevant authorities to the specialist provider of care 
services. 
 
The New Zealand government is unaware of any situation where a 
person accessing these services or facilities has claimed to be a 
victim of trafficking.  However, the government has put in place 
measures to ensure that there are services available for young 
persons who are involved in or at risk of all forms of commercial 
sexual exploitation. 
 
-- C. Does the government provide funding or other forms of 
support to foreign or domestic NGOs and/or international 
organizations for services to trafficking victims?  Please 
explain and provide any funding amounts in U.S. dollar 
equivalent.  If assistance provided is in-kind, please 
specify exact assistance.  Please explain if funding for 
assistance comes from a federal budget or from regional or 
local governments. 
 
NZAID is the government agency responsible for managing New 
Zealand's official development assistance. In line with its human 
rights policy, NZAID supports activities to combat human trafficking 
through its contributions to the following entities (all funds from 
the NZ federal budget): 
-- USD 160,000 (NZD 200,000) to the Asia Pacific Forum of National 
Human Rights Institutions in 2007/08. 
-- USD 320,000 (NZD 400,000) to the UN Inter-Agency Project on Human 
Trafficking in the Greater Mekong Sub-region (participating 
countries are: Cambodia, China, Lao, Myanmar, Thailand, and 
Vietnam). 
 
The government also contributed or dedicated USD 10.9 million (NZD 
13.6 million) for the period 2007 to 2009 to organizations which, as 
a part of their mandate, work to detect or prevent trafficking or 
provide assistance to trafficking victims.  Those organizations 
include UNICEF, UNFPA, OHCHR AND UNIFEM. 
 
The government also supported a wide range of human rights NGOs, 
including the NZPC, which provided services to commercial sex 
workers, some of whom may have been trafficked. 
 
-- D. Do the government's law enforcement, immigration, and 
social services personnel have a formal system of 
proactively identifying victims of trafficking among high- 
 
WELLINGTON 00000091  014 OF 020 
 
 
risk persons with whom they come in contact (e.g., foreign 
persons arrested for prostitution or immigration 
violations)?   What is the number of victims identified 
during the reporting period?  Has the government developed 
and implemented a referral process to transfer victims 
detained, arrested or placed in protective custody by law 
enforcement authorities to institutions that provide short- 
or long-term care?  How many victims were referred for 
assistance by law enforcement authorities during the 
reporting period? 
 
Immigration officers have received training on anti-trafficking 
legislation and its implementation, including the necessity of 
providing victims with information on social services.  There are 
processes in place for conducting humanitarian interviews with 
potential victims and coordinating with the New Zealand Police and 
other social services agencies. 
 
No victims were identified during the reporting period. 
 
¶E. For countries with legalized prostitution:  does the 
government have a mechanism for screening for trafficking 
victims among persons involved in the legal/regulated 
commercial sex trade? 
 
New Zealand has decriminalized prostitution.  Nevertheless, law 
enforcement personnel, including immigration officers, regularly 
inspect brothels to ensure that persons working in the industry are 
not foreign nationals in New Zealand on temporary permits.  In the 
course of carrying out these inspections, officers also screen for 
victims of trafficking, to include underage sex workers. 
 
-- F. Are the rights of victims respected?  Are trafficking 
victims detained or jailed?   If detained or jailed, for 
how long?  Are victims fined?  Are victims prosecuted for 
violations of other laws, such as those governing 
immigration or prostitution? 
 
The government is conscientious about protecting victims' rights, 
including potential trafficking victims.  In any trafficking case, 
the government tries to obtain the victims' collaboration, ensure 
their accommodation needs are met, and issue temporary permits where 
appropriate to enable them to remain lawfully in New Zealand and to 
serve as legal witnesses if needed. 
 
The Victims' Rights Act 2002 provides specific statutory recognition 
to the role of victims in the criminal justice system.  The Act 
provides that government officials in the criminal justice system 
should treat victims with courtesy, compassion, and respect for 
their personal dignity and privacy; should offer access to 
counseling and social services; and should inform victims and their 
families of the progress of the criminal proceedings that he or she 
is involved in, the charges laid, the victim's role as a prosecution 
witness, the date and place of certain events surrounding hearings, 
and the final disposition of proceedings.  Any information that 
should be given to the victim can be given to a support person when 
the victim cannot receive it or is not capable alone of 
understanding it. 
When the government finds underage young persons engaged in the 
commercial sex business, it considers them victims rather than 
criminals.  The government has put in place measures to ensure that 
there are support services available for young persons who are 
involved in, or at risk of, commercial sexual exploitation. 
-- G. Does the government encourage victims to assist in 
the investigation and prosecution of trafficking?  How many 
victims assisted in the investigation and prosecution of 
traffickers during the reporting period?  May victims file 
civil suits or seek legal action against traffickers?  Does 
anyone impede victim access to such legal redress?  If a 
victim is a material witness in a court case against a 
former employer, is the victim permitted to obtain other 
employment or to leave the country pending trial 
proceedings?  Are there means by which a victim may obtain 
restitution? 
 
The government's victim response mechanisms have not yet been tested 
 
WELLINGTON 00000091  015 OF 020 
 
 
by a case of trafficking. As previously noted, the Victims Rights 
Act provides specific statutory recognition of the rights of 
victims.  In the development of the National Plan of Action and 
through consultations with NGOs, the government is developing 
strategies to ensure that the specific interests and needs of 
trafficking victims are taken into account. 
 
If the government becomes aware of an instance of 
trafficking, its policy is to take steps to solicit the cooperation 
of the victim so long as this does not jeopardize the success of the 
investigation. Although the government would have an interest in 
persuading the victim to remain, the government would not seek to 
prevent a victim of trafficking from leaving the country if the 
person desires to leave of her/his own volition. 
 
Where a person has been convicted of an offense, he or she 
may be ordered to make reparation to the victim.  The court must 
consider reparation in all cases and must impose it unless satisfied 
that it would result in undue hardship for the offender or the 
dependents of the offender, or because of any other special 
circumstances. 
 
For example, in 2000 the Human Rights Commission successfully 
represented a Thai sex trafficking victim to the New Zealand 
Disputes Tribunal, and the victim recovered the NZD 6000 she paid 
traffickers for what she believed would be restaurant work. 
 
-- H. What kind of protection is the government able to 
provide for victims and witnesses?  Does it provide these 
protections in practice?  What type of shelter or services 
does the government provide?  Are these services provided 
directly by the government or are they provided by NGOs or 
IOs funded by host government grants?  Does the government 
provide shelter or housing benefits to victims or other 
resources to aid the victims in rebuilding their lives? 
Where are child victims placed (e.g., in shelters, foster 
care, or juvenile justice detention centers)?  What is the 
number of victims assisted by government-funded assistance 
programs during the reporting period?  What is the number 
of victims assisted by non government-funded assistance 
programs?  What is the number of victims that received 
shelter services during the reporting period? 
 
As stated previously, the government's victim response mechanisms 
have not yet been tested by a case of trafficking.  However, 
existing social welfare system and victim assistance programs 
suggest that trafficking victims would be sheltered and protected as 
witnesses. 
 
 -- I. Does the government provide any specialized training 
for government officials in identifying trafficking victims 
and in the provision of assistance to trafficked victims, 
including the special needs of trafficked children?  Does 
the government provide training on protections and 
assistance to its embassies and consulates in foreign 
countries that are destination or transit countries?  Does 
it urge those embassies and consulates to develop ongoing 
relationships with NGOs and IOs that serve trafficked 
victims?  What is the number of trafficking victims 
assisted by the host country's embassies or consulates 
abroad during the reporting period?  Please explain the 
level of assistance.  For example, did the host government 
provide travel documents for the victim to repatriate, did 
the host government contact NGOs in either the source or 
destination countries to ensure the victim received 
adequate assistance, did the host government pay for the 
transportation home for a victim's repatriation, etc. 
 
Immigration officers have received training on anti-trafficking 
legislation and its implementation, including the necessity of 
providing victims with assistance and information on social 
services. 
 
Representatives of the Department of Labour and the Human 
Rights Commission have participated in and conducted numerous 
training workshops in recognizing victims and perpetrators of 
 
WELLINGTON 00000091  016 OF 020 
 
 
trafficking.  The government is an active participant in 
international fora concerning human trafficking, including the Bali 
Process and the Asia Pacific Forum of National Human Rights 
Institutions. 
 
The Department of Labour's Immigration Service has conducted border 
control training workshops and document examination training for the 
immigration and border control staff of countries in the Asia 
Pacific region.  The Immigration Service has also provided passenger 
screening training to staff of airlines serving New Zealand and the 
Pacific. 
 
Senior detectives from New Zealand Police received specialized 
training at the Australian Federal Police Trans-National Sexual 
Exploitation Investigation Program in May 2007.  This three-week 
investigator's training course covered human trafficking (sexual 
servitude and child sex tourism) from legislation, investigation, 
prosecution, NGO, and victim support perspectives.  New Zealand 
Police are examining how aspects of this training course can be 
incorporated into future training for their investigators. 
 
Government diplomats assigned to places where trafficking is likely 
to occur or where NZ works closely with other governments on 
trafficking (Bali Process countries, those working at the UN, or 
other relevant organizations such as IOM) receive a briefing on 
trafficking issues before departing for their assignment. 
 
-- J. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its nationals 
who are repatriated as victims of trafficking? 
 
To date, the government has not had to provide assistance to 
repatriated nationals who have been victims of trafficking, as there 
have been no known trafficking victims who were New Zealand 
citizens.  If there were a need, the government possesses the means 
and is prepared to assist such victims. 
 
-- K. Which international organizations or NGOs, if any, 
work with trafficking victims?  What type of services do 
they provide?  What sort of cooperation do they receive 
from local authorities?  How much funding (in U.S. Dollar 
Equivalent) did NGOs and international organizations 
receive from the host government for victim assistance 
during the reporting period?  Please disaggregate funding 
for prevention and public awareness efforts from victim 
assistance funding.  NOTE:  If post reports that a 
government is incapable of providing direct assistance to 
TIP victims, please assess whether the government ensures 
that TIP victims receive access to adequate care from other 
entities.  Funding, personnel, and training constraints 
should be noted, if applicable.  Conversely, the lack of 
political will in a situation where a country has adequate 
financial and other resources to address the problem should 
be noted as well. 
 
The government works closely with ECPAT, the New Zealand Prostitutes 
Collective (NZPC), and the Salvation Army.  The government is also a 
member of the International Organization for Migration (IOM), which 
deals with matters relating to trafficking, including counter 
trafficking.  New Zealand works with IOM on resettlement movements 
and consular services (verification of documentation). 
 
There has been no government funding to NGOs specifically for 
trafficking victims as, according to the government, there have been 
no trafficking victims to date.  However, an existing framework of 
government and NGO-provided services is available for trafficking 
victims, to include transnational trafficking victims, underage sex 
workers, and exploited illegal migrant farm workers. 
 
¶30. PREVENTION: 
 
-- A. Does the government acknowledge that trafficking is a 
problem in the country?  If not, why not? 
 
The government acknowledges that transnational trafficking is a 
potential problem, and it is vigilant to detect and address any 
 
WELLINGTON 00000091  017 OF 020 
 
 
trafficking that may occur.  As stated above, the government's 
definition of trafficking does not take into account various forms 
of domestic exploitation which, it admits, is a limited problem. 
Nevertheless, the government actively attempts to prevent such 
exploitation under other laws (those dealing with the abuse and 
exploitation of children and of workers). 
 
-- B. Are there, or have there been, government-run anti- 
trafficking information or education campaigns conducted 
during the reporting period?  If so, briefly describe the 
campaign(s), including their objectives and effectiveness. 
Please provide the number of people reached by such 
awareness efforts if available.  Do these campaigns target 
potential trafficking victims and/or the demand for 
trafficking (e.g. "clients" of prostitutes or beneficiaries 
of forced labor)? 
 
There have been no government-run anti-trafficking information and 
education campaigns targeting transnational trafficking, underage 
prostitution or exploitation of migrant workers during the reporting 
period.  However, the government plans to raise awareness of 
trafficking issues as part of the strategy for launching the 
National Plan of Action, later in 2008. 
 
The government (through the Ministry of Social Development) 
currently funds one information and support project for transgender 
youth who desire to exit the commercial sex industry.  This project, 
operated by the Mangere East Family Center (MEFC) in Auckland, 
targets only transgender youth because, according to the MEFC, there 
are other information resources available for "straight" underage 
sex workers through the public school system (where they are more 
likely to be found, compared to transgender youth). 
 
-- C. What is the relationship between government 
officials, NGOs, other relevant organizations and other 
elements of civil society on the trafficking issue? 
 
Government officials from a wide range of agencies work closely with 
NGOs and civil society groups on this issue and have done so for 
several years.  There have been a number of joint initiatives, such 
as the 2001 National Plan of Action Against the Commercial Sexual 
Exploitation of Children, joint working groups to respond to 
concerns about the potential for women and girls being trafficked 
into New Zealand and held in debt bondage, and the 2005 National 
Plan of Action to Combat Trafficking (NPA).  The government plans to 
invite NGOs and civil society groups to attend consultation meetings 
as the government develops the NPA. 
 
NGOs such as ECPAT and Stop Demand desire more government resources 
and effort in the fight to prevent and detect trafficking 
(particularly underage sex workers), even though these NGOs agree 
that the estimated number of trafficking victims is small. 
 
-- D. Does the government monitor immigration and 
emigration patterns for evidence of trafficking?  Do law 
enforcement agencies screen for potential trafficking 
victims along borders? 
 
The government regularly monitors immigration and emigration 
patterns and conducts onshore and off-shore passenger screening as 
an integral element of detecting and preventing trafficking.  The 
Government has in place an Advance Passenger Processing (APP) system 
that requires airlines to identify passengers who may be seeking to 
enter New Zealand illegally before they embark on an aircraft. 
 
In countries that are considered to be a high-risk source of 
trafficked victims and where a visa is required to travel to New 
Zealand (Taiwan, Thailand and mainland China), the New Zealand 
immigration officials focus special attention on the detection of 
trafficking during the visa approval process.  Immigration officials 
also coordinate closely with Australian immigration officials, who 
have the same concerns in their country. 
 
In countries that are considered to be a high-risk source of 
trafficked victims but where a visa is not required to travel to New 
Zealand (such as Hong Kong and Malaysia),  immigration officials 
 
WELLINGTON 00000091  018 OF 020 
 
 
rely on APP to help target likely trafficking victims for special 
scrutiny. 
 
New Zealand also participates in the APEC Regional Movement Alert 
System (RMAS) which allows for the automated checking of passport 
details (of those countries participating in RMAS) and assists in 
detecting invalid, lost and stolen passports. 
 
-- E. Is there a mechanism for coordination and 
communication between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi-agency working group or a task 
force?  Does the government have a trafficking in persons 
working group or single point of contact?  Does the 
government have a public corruption task force? 
 
The Department of Labour - Immigration leads the government's 
Inter-agency Working Group (IWG) on trafficking-related issues.  The 
IWG is comprised of the Police, the Customs Service, the Ministry of 
Foreign Affairs and Trade, the Ministry of Justice, the Ministry of 
Social Development, the Ministry of Health, and the Ministry of 
Women's Affairs. 
 
The Customs Service has a formal Memorandum of Understanding (MOU) 
with the Police that covers information sharing, joint operations 
and joint training opportunities, which includes trafficking-related 
issues.  The Department of Labour - Immigration has a similar 
arrangement with the Police. 
 
The government has a number of legislative, administrative, and 
enforcement measures in place to prevent bribery and corruption. 
While no single agency is charged with the task of dealing with 
corruption, there are a number of agencies that fulfill specific 
tasks.  The core government Ministries and agencies include: Police, 
Financial Intelligence Unit; Serious Fraud Office; Office of the 
Ombudsmen; Inland Revenue; the Office of the Controller and 
Auditor-General, Department of Internal Affairs and State Services 
Commission. There are other agencies as well, such as the Ministry 
of Justice, which leads policy initiatives against corruption and 
bribery. 
 
New Zealand is perceived to be one of the world's two least corrupt 
countries (along with Finland) according to the annual survey by 
Transparency International.  The index defines corruption as the 
abuse of public office for private gain and measures the degree to 
which corruption is perceived to exist among a country's public 
officials and politicians. 
 
-- F. Does the government have a national plan of action to 
address trafficking in persons?  If so, which agencies were 
involved in developing it?  Were NGOs consulted in the 
process?  What steps has the government taken to 
disseminate the action plan? 
 
The government is developing a comprehensive NPA which will 
supplement already existing national plans of action as previously 
mentioned.  The government agencies involved are the Department of 
Labour, the Police, the Customs Service, the Department of the Prime 
Minister and Cabinet, the Ministry of Women's Affair, the Ministry 
of Justice, the Ministry of Foreign Affairs & Trade, the Ministry of 
Health, and the Ministry of Social Development. 
 
NGOs are participating in and contributing to the development of the 
NPA, where the government is aiming to create an effective 
partnership between government agencies and NGOs to assist any 
future identified victims of trafficking. 
 
In order to maximize the effectiveness and impact of the NPA, the 
government plans a comprehensive promotion and publicity strategy 
that will circulate the NPA widely and make it publicly available. 
Access to the document will also be possible through Government 
web-sites.  The government will also publicize the NPA through 
ministerial press conferences and media releases. 
 
-- G: For all posts:  As part of the new criteria added to 
the TVPA's minimum standards by the 2005 TVPRA, what 
 
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measures has the government taken during the reporting 
period to reduce the demand for commercial sex acts?   (see 
ref B, para. 9(3) for examples 
 
With the decriminalization of prostitution in 2003, the government 
has taken action to reduce the demand for illegal sex acts - i.e., 
with underage sex workers and foreign nationals who have entered the 
country illegally. 
 
The government's goal in decriminalizing prostitution was to promote 
the human rights, welfare and occupational health and safety of sex 
workers, rather than to reduce the demand for commercial sexual 
services.  The PRA established the Prostitution Law Review Committee 
(PLRC), whose function is to review the operation of the PRA and its 
impact on the sex industry.  The Committee is also tasked with 
assessing the nature and adequacy of the means available to assist 
persons to avoid or cease work in the sex industry. The Committee 
will present its final report to the Minister of Justice in 
mid-2008. 
 
-- H. Required of Posts in EU countries and posts in 
Canada, Australia, New Zealand, Japan, China, Singapore, 
South Korea, Taiwan, and Hong Kong:  As part of the new 
criteria added to the TVPA's minimum standards by the 2005 
TVPRA, what measures has the government taken during the 
reporting period to reduce the participation in 
international child sex tourism by nationals of the 
country? 
 
As noted previously in 28-M above, the government has 
extraterritorial coverage under section 144A of the Crimes Act 1961 
(relating to child sexual abuse). 
 
It is also an offence under section 144C of the Crimes Act 1961 to 
organize or promote child sex tours.  There have been no 
prosecutions brought under this section in the period 2002 to 2008. 
 
Countries with similar extra-territorial legislation on child sex 
tourism (Canada, Australia and the United Kingdom) featured 
information on their extraterritorial legislation on their 
government travel advisory websites.  New Zealand has, within the 
reporting period and at the urging of ECPAT, added such information 
to its travel webpage as well. 
 
-- I. Required of posts in countries that have contributed 
over 100 troops to international peacekeeping efforts 
(Argentina, Australia, Austria, Bangladesh, Belgium, Benin, 
Bolivia, Brazil, Burkina Faso, Cambodia, Cameroon, Canada, 
Chile, China, Denmark, Egypt, Ethiopia, Fiji, Finland, 
France, Gambia, Germany, Ghana, Greece, Guatemala, Hungary, 
India, Indonesia, Ireland, Italy, Jordan, Kenya, Malawi, 
Malaysia, Mali, Mongolia, Morocco, Namibia, Nepal, the 
Netherlands, Niger, Nigeria, Pakistan, Peru, Philippines, 
Poland, Portugal, Qatar, Romania, Russia, Rwanda, Senegal, 
Slovakia, South Africa, Spain, Sri Lanka, Sweden, Tanzania, 
Togo, Tunisia, Turkey, Ukraine, United Kingdom, Uruguay, 
Zambia, and Zimbabwe): What measures has the government 
adopted to ensure that its nationals who are deployed 
abroad as part of a peacekeeping or other similar mission 
do not engage in or facilitate severe forms of trafficking 
or exploit victims of such trafficking? 
 
While not specifically mentioned above, New Zealand does have more 
than 100 peacekeeping troops serving in Timor-Leste and Afghanistan. 
 
Personnel of the New Zealand Defence Force (NZDF) are obligated to 
comply with the NZDF Code of Conduct.  Included in the Code of 
Conduct card, that is issued to each member of the NZDF, is an 
extract of the Laws of Armed Conflict which incorporates the 
requirement to: "Treat all Civilians and persons deprived of their 
liberty humanely, protect them from abuse, and respect their 
property" 
The government has no evidence to suggest that NZDF personnel 
engaged in Timor-Leste, Afghanistan or similar missions have been 
involved in trafficking or related activities. In the event that 
evidence of such activity would be discovered, the government would 
 
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regard that activity as a crime under New Zealand law.  The NZDF 
Discipline Act 1971 makes all offences under NZ Law applicable to 
members of the NZDF, wherever they may be assigned. 
Prior to deployment into mission areas all NZDF personnel undergo 
pre-deployment training (PDT).  PDT prepares the service member for 
operations in the specific mission area, and includes briefings on 
cultural and legal issues.  Specific in-theatre briefings also occur 
on deployment. 
End Responses 
------------- 
 
¶2.  (U) Embassy POC for trafficking in persons issues is Political 
Officer Gary Rex, telephone (644)462-6043, fax (644)472-3537. 
 
¶3.  (U) Post estimates that Rex spent 80 hours in preparation of the 
TIP report response cable. 
 
MCCORMIC