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RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 41 WELLINGTON 000038 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR G/TIP, G-ACBlank, INL, DRL, PRM, EAP/ANP, EAP/RSP 
 
DEPARTMENT PASS USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PREF ASEC SMIG ELAB KCRM KWMN KFRD KTIP NZ
 
SUBJ: TRAFFICKING IN PERSONS - NEW ZEALAND 2009 
 
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      ZFR-ZFR-ZFR-ZFR 
 
Please ZFR Wellington 0038 and blank all associated MCNs.  The report 
restarted on section 18 and can't be corrected. 
 
 
See Wellington 0041 for the correct version of the report. 
 
 
 
WELLINGTON 00000038  002 OF 041 
 
 
RESPONSE: 
 
There is no objective evidence (victim interviews, arrests, 
convictions, etc.) indicating that New Zealand is a country of 
origin or transit in transnational trafficking, though New Zealand's 
legal sex industry likely makes it a potential country of 
destination -- primarily for women of Asian ethnicity engaged in the 
legal sex industry.  This suspicion is based on the existence of 
non-resident aliens (usually Asian women) working illegally in New 
Zealand's legal sex industry.  However, it is difficult for 
government officials and NGOs to prove such women are trafficking 
victims because the sex workers seek to avoid detection (in order to 
remain in New Zealand) or do not consider themselves victims. 
 
The number of domestic trafficking victims is also small (estimated 
to be less than 100), and consists of underage sex workers, and 
illegal migrants working in the agricultural sector.  As with 
potential transnational trafficking victims in the sex industry, 
domestic trafficking victims also seek to avoid detection or do not 
consider themselves victims.  Therefore, making an accurate estimate 
of the number of victims is difficult. 
 
NGOs involved in addressing underage prostitution agree that there 
are no reliable data concerning the number of victims in New 
Zealand.  However, there is NGO consensus that the number is 
relatively small -- primarily young people engaging in prostitution 
on an opportunistic and intermittent basis, and working in the 
street more so than in brothels. 
 
Another source of information concerning prostitution is the 
Prostitution Law Review Committee (PLRC), which was established with 
the adoption of the Prostitution Reform Act (PRA) in 2003.  The PLRC 
was required by the legislation to issue a five-year report on the 
status and effectiveness of the PRA, which was published in May, 
¶2008.  In preparing its report, the PLRC relied on information 
provided by the government, the Christchurch School of Medicine, the 
Victoria University's Crime and Justice Research Center, the New 
Zealand Prostitutes Collective, and other NGOs. 
 
With respect to underage prostitution, the PLRC reported that: 
 
-- There were 2,332 sex workers within the major centers of 
prostitution in NZ, namely Auckland, Wellington, Christchurch, 
Hawke's Bay and Nelson.  Of those, the PLRC estimated that 1.3 
percent (approximately 30) were under 18 years of age. 
 
-- Underage prostitutes work primarily in the street sector (as 
opposed to brothels), which makes them more difficult to detect and 
more likely to be victims of abuse and unhealthy working 
conditions. 
 
There have not been changes in the TIP situation since the last TIP 
report. 
 
-- C. What kind of conditions are the victims trafficked into? 
 
RESPONSE: 
 
With respect to women of Asian ethnicity illegally engaging in the 
legal prostitution industry and working in licensed brothels (see 
response to "23-D" below), the safety and health conditions would be 
similar to that of legal sex workers, though trafficking victims 
might be compelled or intimidated to participate because of debts 
incurred abroad or as a condition of receiving assistance in 
immigrating into New Zealand.  As noted in "23-A" above, there have 
been no adult trafficking victims discovered within the New Zealand 
sex industry since 2002. 
 
Concerning underage prostitutes, these young women are generally 
working in the street and outside of legal brothels.  They are, 
 
WELLINGTON 00000038  003 OF 041 
 
 
therefore, more vulnerable to abuse and are more likely to be 
working in unhealthy and dangerous conditions.  Illegal migrants 
working in the agricultural sector are similarly vulnerable to abuse 
and poor working conditions. 
 
In all cases (underage prostitutes, migrant sex workers and migrant 
farm workers), such potential trafficking victims are unlikely to 
report intimidation, abuse or working conditions for fear of 
detection, loss of income, and possible deportation. 
 
-- D. Vulnerability to TIP: Are certain groups of persons more at 
risk of being trafficked (e.g. women and children, boys versus 
girls, certain ethnic groups, refugees, IDPs, etc.)? 
 
RESPONSE: 
 
Women of Asian ethnicity have the greatest risk of being trafficked 
into New Zealand, primarily for prostitution (though, as mentioned 
previously, none have been detected since 2002).  This assessment is 
based on the nationality of foreign women who are found to be 
engaging illegally in prostitution (i.e., while in New Zealand on 
temporary residence status).  The women illegally engaging in 
prostitution often originate from China, Taiwan, Hong Kong and 
Thailand. 
 
With regard to underage prostitution, the persons most at risk are 
young New Zealand women (under 18 years old) from homes in which 
there were problems with child abuse, domestic violence, alcoholism 
and dysfunctional families. 
 
Victims of transnational trafficking in the agricultural sector are 
most likely low-skilled men and women from Asia and Pacific Island 
Countries who have entered the country illegally. 
 
-- E. Traffickers and Their Methods: 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?  For 
example, are they offered lucrative jobs, sold by their families, or 
approached by friends of friends?  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? 
 
RESPONSE: 
 
There have been no proven cases of transnational trafficking since 
¶2002. 
 
With respect to underage prostitution, the government and NGOs 
suggest that it is opportunistic and street based. 
 
According to the director of the Mangere East Family Services Center 
(MEFSC) in Auckland, youth who engage in prostitution do so on an 
episodic basis rather than full-time, and only a few are pimped by 
gangs.  Almost all underage prostitutes, according to MEFSC, are 
street workers rather than operating within a brothel (where 
detection is more likely).  The young people engage in prostitution 
in order to obtain money for needed expenses and then cease the 
activity until the need arises again.  They do not view themselves 
as prostitutes.  MEFSC claims that detecting underage sex workers is 
made more difficult by the popularity of cellular phone texting. 
Street-based sex workers use texting to arrange meetings with 
clients without making contact in public areas (at least after the 
initial contact). 
 
ECPAT agrees with the MEFSC assessment concerning the number and 
nature of underage prostitution in New Zealand.  Almost all of the 
underage prostitutes work in the street on a temporary and 
opportunistic basis, according to ECPAT, though a few are reported 
 
WELLINGTON 00000038  004 OF 041 
 
 
to be trafficked among gangs. 
 
Iosis Family Solutions (Iosis) 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 on an 
opportunistic basis is larger.  According to Iosis, 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. 
 
The opinions of the NGOs cited above are echoed by the PLRC's 2008 
report described in the response to "23-B." 
 
 
¶24.  SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
 
-- A. Does the government acknowledge that trafficking is a problem 
in the country?  If not, why not? 
 
RESPONSE: 
 
The government acknowledges that transnational trafficking is a 
potential problem, but it has not discovered a transnational 
trafficking victim since New Zealand's anti-trafficking law became 
effective in 2002.  Nevertheless, New Zealand has used reasonable 
efforts to detect trafficking victims who may enter the country. 
The government credits its lack of a transnational trafficking 
problem largely to the country's geography.  As a remote island 
nation, New Zealand has the advantage of not sharing a common border 
with another country.  Consequently, anti-trafficking resources can 
be targeted on the country's limited number of air and sea entry 
locations. 
 
As stated in "23-B" above, the government's definition of 
trafficking does not include underage prostitution which, it admits, 
is a limited problem.  The government works to prevent and prosecute 
such exploitation under other laws dealing with the abuse and 
exploitation of children, and with underage prostitution. 
 
-- B. Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
RESPONSE: 
 
The Department of Labour-Immigration has the lead role in New 
Zealand's anti-trafficking efforts and also chairs the government's 
Interagency Working Group (IWG) on People Trafficking discussed in 
"24-D" below.  The Department of Labour-Immigration, the New Zealand 
Police, the New Zealand Customs Service, and the Ministry of Justice 
have responsibility for enforcement and prosecution of the laws 
governing trafficking.  In addition, trafficking issues are covered 
by 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. 
 
With respect to the geographical jurisdiction of government agencies 
engaged in anti-trafficking efforts, New Zealand Customs and the 
Department of Labour-Immigration concentrate on the territorial sea 
and on border entry points.  The New Zealand Defence Forces monitor 
international waters and New Zealand's Exclusive Economic Zone for 
vessels bound for New Zealand. 
 
-- C. What are the limitations on the government's ability to 
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? 
 
RESPONSE: 
 
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The government is not constrained by fiscal or other resources in 
addressing human trafficking issues.  Instead, the difficulty for 
New Zealand is balancing its desire to eliminate all forms of 
trafficking (which is a relatively small problem in New Zealand) 
against the competing need to address other significant social 
problems that affect a much larger portion of the population, such 
as domestic violence, child abuse, gang violence, drug abuse, and 
the disproportionate number of Maoris on unemployment and welfare 
rolls, in prison, among school dropouts, in infant mortality 
statistics, and among single-parent households. 
 
Overall corruption was not a problem.  New Zealand has a number of 
legislative, administrative, and enforcement structures in place to 
prevent and prosecute bribery and corruption, to include the Police 
Financial Intelligence Unit; the Serious Fraud Office; the Office of 
the Ombudsmen; the Inland Revenue Department; the Office of the 
Controller and Auditor-General; the Department of Internal Affairs; 
and the State Services Commission.  There are other agencies as 
well, such as the Ministry of Justice, which lead policy initiatives 
against corruption and bribery. 
 
New Zealand is perceived to be one of the world's three least 
corrupt countries (along with Denmark and Sweden) according to the 
latest 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. 
 
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 and is explained in detail within the 
responses that follow. 
 
-- D. 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? 
 
RESPONSE: 
 
In 2008, the government adopted a Plan of Action to combat 
trafficking, and the government's implementation efforts continue. 
The Plan of Action was developed and implemented by the IWG, which 
is comprised of the ministries and departments that are engaged in 
anti-trafficking efforts.  In addition, the Plan of Action process 
solicited input from NGOs and civil society groups.  The purpose of 
the Plan of Action is to review, refine and enhance the government's 
anti-trafficking strategies and framework, including its monitoring 
and evaluation strategies.  Another goal is to uncover and deter 
trafficking by creating public awareness of trafficking issues. 
 
With respect to the domestic exploitation of underage prostitutes, 
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 published its 
5-year report in 2008 and will report again in 2018. 
 
The government's efforts to prevent and address trafficking are also 
reported within the Bali Process, at relevant UN meetings (such as 
the UNHCR and the IGC), to regional and international organizations 
(such as the International Organization for Migration and the 
Pacific Immigration Directors Conference), and on a government 
public access web site. 
 
 
¶25.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
 
WELLINGTON 00000038  006 OF 041 
 
 
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. Existing Laws against TIP: Does the country have a law or laws 
specifically prohibiting trafficking in persons -- both for sexual 
exploitation and labor?  If so, please specifically cite the name of 
the law(s) and its date of enactment and provide the exact language 
[actual copies preferable] of the TIP provisions.  Please provide a 
full 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). Does 
the law(s) cover both internal and 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? 
 
RESPONSE: 
 
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 anti-trafficking 
legislation is comprehensive and covers all aspects of transnational 
trafficking, including reception, concealment or harboring of 
persons. 
 
Measures to punish forms of domestic trafficking not addressed by 
the laws punishing transnational trafficking are included under 
other New Zealand laws.   These domestic trafficking laws (though 
the word "trafficking" is not used) deal with crimes involving 
abduction, assault, kidnapping, rape, engaging or coercing underage 
prostitutes, and exploitation of laborers within New Zealand 
borders. 
 
The key anti-trafficking legislative provisions (dealing with 
transnational trafficking) are found in Part 5 of the Crimes Act of 
¶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 of 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 or engagement in forced labor. 
 
Section 16 of the Prostitution Reform Action of 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 young 
people under 18 both within and outside NZ (section 144A), and 
criminalizes the organization or promotion of child sex tours 
(section 144C). 
 
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The government has proposed a civil forfeiture law, called the 
Criminal Proceeds (Recovery) Bill, that would authorize the 
government to seize instruments used in, or the proceeds derived 
from, all of the crimes listed above.  The bill is currently 
awaiting its second reading before Parliament. 
 
-- B. Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking people for sexual 
exploitation? 
 
RESPONSE: 
 
The penalty for offenses relating to all types of trafficking is 
contained in section 98D of the Crimes Act of 1961 and imposes a 
term of imprisonment not exceeding 20 years, a fine not exceeding 
USD 250,000 (NZD 500,000) or both. 
 
No penalties were imposed under this law within the reporting 
period. 
 
-- C. Punishment of Labor Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking for labor 
exploitation, such as forced or bonded labor?  If your country is a 
source country for labor migrants, do the government's laws provide 
for criminal punishment -- i.e. jail time -- for labor recruiters 
who engage in recruitment of workers using knowingly fraudulent or 
deceptive offers with the purpose of subjecting workers to 
trafficking in the destination country?  If your country is a 
destination for labor migrants, are there laws punishing employers 
or labor agents who confiscate workers' passports or travel 
documents for the purpose of trafficking, 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? 
 
RESPONSE: 
 
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 Organized Crime. 
 
Section 98C prohibits the smuggling of unauthorized 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 labor; 
 
-- detaining, confining, receiving, transporting, removing or 
importing a person under 18 years for trafficking purposes; or 
 
-- 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 carry a maximum penalty of 20 years 
imprisonment and/or a fine not exceeding USD 250,000 (NZD 500,000), 
with the exception of 98AA, which carries a maximum penalty of 14 
years imprisonment. 
 
 
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The Immigration Act of 1987 provides that an employer must not 
either knowingly, or without reasonable excuse, employ a non-citizen 
who is not entitled to work in New Zealand (section 39). 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 50,000 (NZD 100,000).  Among other things, the 
Immigration Act of 1987 makes 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 of 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. 
 
-- D. What are the prescribed penalties for rape or forcible sexual 
assault? (NOTE:  This is necessary to evaluate a foreign 
government's compliance with TVPA Minimum Standard 2, which reads: 
"For the knowing commission of any act of sex trafficking . . . the 
government of the country should prescribe punishment commensurate 
with that for grave crimes, such as forcible sexual assault (rape)." 
 END NOTE) 
 
RESPONSE: 
 
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. Law Enforcement Statistics: Did the government prosecute any 
cases against human trafficking offenders during the reporting 
period?  If so, provide numbers of investigations, prosecutions, 
convictions, and sentences imposed, including details on plea 
bargains and fines, if relevant and available.  Please note the 
number of convicted traffickers who received suspended sentences and 
the number who received only a fine as punishment.  Please indicate 
which laws were used to investigate, prosecute, convict, and 
sentence traffickers.  Also, if possible, please disaggregate 
numbers of cases by type of TIP (labor vs. commercial sexual 
exploitation) and victims (children under 18 years of age vs. 
adults).  If in a labor source country, did the government 
criminally prosecute labor recruiters who recruit workers using 
knowingly fraudulent or deceptive offers or by imposing fees or 
commissions for the purpose of subjecting the worker to debt 
bondage?  Did the government in a labor destination country 
criminally prosecute employers or labor agents who confiscate 
workers' passports/travel documents for the purpose of trafficking, 
switch contracts or terms of employment without the worker's consent 
to keep workers in a state of service, use physical or sexual abuse 
 
WELLINGTON 00000038  009 OF 041 
 
 
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?  What were the actual punishments imposed on 
persons convicted of these offenses?  Are the traffickers serving 
the time sentenced?  If not, why not? 
 
RESPONSE: 
 
There have been no prosecutions under New Zealand's anti-trafficking 
laws since they were instituted in 2002, as no evidence of 
transnational trafficking has been found.  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 from January 1, 2008 through December 31, 2008, the 
government made 21 compliance visits to sex industry premises. 
These included brothels, homes and any premises associated with the 
sex industry.  During those visits authorities found nine foreign 
nationals working illegally in the sex industry.  Of those, the 
government revoked one entry permit (the holder then departed NZ or 
was deported) and three persons without entry permits either 
departed NZ or were deported.  Three had temporary permits revoked 
but are still unlawfully in New Zealand.  The two remaining holders 
of entry permits were allowed to remain in New Zealand on 
humanitarian grounds or given a second chance. 
 
Since the PRA came into force in June 2003 and until March 2008 (the 
most recent data available), 99 charges have been filed under the 
various PRA provisions relating to the illegal operation of 
brothels.  Ninety-two of those charges (which involved multiple 
charges for one offender) 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 
increased every subsequent year to 13 in 2006, and 34 in the 
2007/2008 reporting period.  The number of prosecutions during the 
2008/2009 reporting period was not publicly available by the 
deadline for this report. 
 
Thirty-six of the 99 charges resulted in convictions; 19 charges are 
still active.  The remaining 44 charges were either withdrawn, the 
accused was acquitted or the charges were otherwise not proven.  Of 
the 36 offenders convicted, 11 were placed in custody, 20 were 
sentenced to community work, two were placed under supervision, four 
were given monetary fines, and one was discharged (an offender may 
have received more than one type of penalty). 
 
In July a Christchurch brothel owner was charged with exploiting 
underage girls in prostitution. The two girls, ages 16 and 17, 
worked at the brothel for more than a year. This was the first 
occasion that prosecutors applied the law banning sexual slavery, 
adopted in 2006 in accordance with the United Nations Convention on 
the Rights of the Child. The case remained pending at the end of the 
reporting period. 
 
In November authorities charged a New Plymouth brothel owner with 
several offenses relating to his employment of a 15-year-old girl as 
a prostitute during a six-month period in 2005. The case remained 
pending at the end of the reporting period. 
 
In December the Tauranga District Court sentenced a 19-year-old Bay 
of Plenty man to 27 months' imprisonment for assisting and receiving 
earnings from his 15-year-old girlfriend, who engaged in 
 
WELLINGTON 00000038  010 OF 041 
 
 
prostitution in 2006 and 2007. 
 
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.  Since many underage prostitutes do not see 
themselves as victims and do not cooperate with Police, Police may 
find it difficult to indict violators who use underage prostitutes. 
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.  In order to 
obtain a warrant, Police must have "grounds to suspect" that a 
violation is occurring or has occurred, which is a lower standard 
than that governing Police entry into other types of businesses 
(where Police must have "grounds to believe").  The rationale is to 
provide Police with greater powers of access to prevent harm to sex 
workers.  However, 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.  According to the Police, the 
PRA has not limited their ability to investigate possible illegal 
activities associated with brothels when Police have found it 
necessary to do so. 
 
Even though New Zealand's anti-trafficking law only applies to 
transnational trafficking, the government employs an extensive 
statutory regime to protect workers from domestic trafficking or 
exploitation, and from working in unsafe or unhealthy work 
environments.  These protections apply 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 of 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. 
 
There were 264 horticulture and viticulture compliance inspections 
made during 2008.  This includes Regional Seasonal Employer (RSE) 
compliance, educational and audit inspections.  From 2005 to present 
(the government has not isolated the figures for 2008), the 
government has brought 263 charges against labor recruiters: 257 
relating to fraudulent and deceptive offers; and six relating to 
violations of the Immigration Act. 
 
-- F. 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. 
 
RESPONSE: 
 
Department of Labour-Immigration onshore operational staff who may 
be in a position to detect suspected trafficking activity receive 
training on identifying indicators.  Additional operational training 
on identifying indicators of trafficking and trafficking victim 
interviewing techniques was delivered to Immigration compliance 
officers in the past year.  Information on trafficking indicators 
has also been incorporated into briefings for these officers before 
 
WELLINGTON 00000038  011 OF 041 
 
 
each enforcement operation. 
 
Further, the profile developed for Operation Spotlight (see "27-B" 
below), which provides a useful tool at the border to identify 
potential sex workers before they enter the country, has been 
incorporated into training for border officers. 
 
The Department of Labour-Immigration plans to implement other 
training/awareness measures to ensure that a wider number of staff 
are aware of and understand the dimensions of human trafficking. 
These measures include a trafficking intranet site, presentations by 
managers, and internally circulating information on trafficking 
indicators. 
 
Additional training to be delivered to Immigration Officers as part 
of the Plan of Action includes extending training to all frontline 
onshore and offshore staff on trafficking indicators in visa 
applications.  The Plan of Action also includes an effort to better 
coordinate training programs between agencies to ensure a consistent 
approach to suspected trafficking crimes. 
 
In 2008, the New Zealand Police developed training on human 
trafficking offences as part of the Criminal Investigation Branch 
(CIB) training program.  This training will be implemented in 2009 
and will be provided to all new detectives as they pass through CIB 
training.  The training program will be complemented by an intranet 
site which will be available to all Police staff with some material 
also being included on the New Zealand Police public website.  The 
Police have also sent officers to Australia for training in this 
area with the Australian Federal Police. 
 
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 has a similar arrangement with the 
New Zealand Police. 
 
--G. Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases?  If possible, 
provide the number of cooperative international investigations on 
trafficking during the reporting period. 
 
RESPONSE: 
 
The Mutual Assistance in Criminal Matters Act of 1992 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, to include the gathering of evidence, 
identifying and locating persons, and executing warrants.  The New 
Zealand Police also provide informal assistance to their 
counterparts around the world through Interpol channels. 
 
New Zealand has not made or received any requests relating to 
trafficking under this act to date. 
 
-- H. Does the government extradite persons who are charged with 
trafficking in other countries?  If so, please provide the number of 
traffickers extradited during the reporting period, and the number 
of trafficking extraditions pending. In particular, please report on 
any pending or concluded extraditions of trafficking offenders to 
the United States. 
 
RESPONSE: 
 
Trafficking is an extraditable offence under New Zealand's 
Extradition Act of 1999 which allows New Zealand to extradite 
offenders.  To date, New Zealand has never received a request to 
extradite or otherwise surrender a person charged with a trafficking 
 
WELLINGTON 00000038  012 OF 041 
 
 
offense. 
 
New Zealand's Extradition Act of 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. 
 
-- I. Is there evidence of government involvement in or tolerance of 
trafficking, on a local or institutional level?  If so, please 
explain in detail. 
 
RESPONSE: 
 
There is no evidence of government involvement in or tolerance of 
trafficking. 
 
-- J. 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 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, or were given a fine, fired, or reassigned to 
another position within the government as punishment.  Please 
indicate the number of convicted officials that received suspended 
sentences or received only a fine as punishment. 
 
RESPONSE: 
 
Not applicable. 
 
-- K. 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 countries with federalist systems, 
prostitution laws may be under state or local jurisdiction and may 
differ among jurisdictions. 
 
RESPONSE: 
 
Prostitution in New Zealand was decriminalized by the Prostitution 
Reform Act (PRA) of 2003, which placed the sex industry under a 
regulatory regime.  That regulatory structure is enforced. 
 
The PRA prohibits persons under 18 years of age and foreign 
nationals from working in the commercial sex industry.  Prostitutes 
under 18 are not prosecuted (they are considered victims), but other 
parties involved in the transaction may be prosecuted -- e.g., for 
facilitating, receiving payment for, or receiving sexual services 
from, a person under 18.  Additional charges may result where there 
is a lack of consent or a person is induced or compelled to provide 
commercial sexual services or earnings. 
 
When a client engages a person under the age of 18 to provide sexual 
services, the defendant has the burden of proving that he/she took 
adequate steps to ascertain whether the person was 18 years or 
older. 
 
Law enforcement personnel, including immigration officers, 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 screen for 
victims of trafficking, to include underage sex workers. 
 
The PRA prohibits the granting of an immigration permit if the 
person 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 
 
WELLINGTON 00000038  013 OF 041 
 
 
business of prostitution.  It is also a condition of every temporary 
immigration permit or limited purpose permit that the holder may not 
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 of 1992 
(including but not limited to safe sex practices). 
 
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. 
 
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. 
 
-- L. 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 engaged in or facilitated severe forms 
of trafficking or who exploited victims of such trafficking. 
 
RESPONSE: 
 
The government has no evidence to suggest, nor has Post obtained any 
reports to indicate, that NZDF personnel deployed in Timor-Leste, 
Afghanistan or similar missions have been involved in trafficking or 
related activities during the reporting period. 
 
-- M. If the country has an identified problem of child sex tourists 
coming to the country, what are the countries of origin for sex 
tourists?  How many foreign pedophiles did the government prosecute 
or deport/extradite to their country of origin?  If your host 
country's nationals are perpetrators of child sex tourism, do the 
country's child sexual abuse laws have extraterritorial coverage 
(similar to the U.S. PROTECT Act) to allow the prosecution of 
suspected sex tourists for crimes committed abroad?  If so, how many 
of the country's nationals were prosecuted and/or convicted during 
the reporting period under the extraterritorial provision(s) for 
traveling to other countries to engage in child sex tourism? 
 
RESPONSE: 
 
There have been no reported problems with child sex tourists or 
foreign pedophiles entering New Zealand.  None have been deported or 
extradited. 
 
With respect to New Zealand citizens engaging in child sex tourism 
abroad, New Zealand has extraterritorial coverage under section 144A 
of the Crimes Act of 1961 in that situation, and the government 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 of 1961 to organize or promote child 
sex tours. 
 
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. 
 
 
WELLINGTON 00000038  014 OF 041 
 
 
Both ECPAT and Stop Demand (an anti-prostitution NGO) have expressed 
concern that the government has not directed sufficient resources to 
enforce its sex tourism law.  ECPAT pointed out that New Zealand 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 New 
Zealand, being a relatively small country with a relatively small 
trafficking problem, has difficulty justifying additional resources 
for that purpose. 
 
The government features information on its extraterritorial child 
sex tourism legislation on the government travel advisory website. 
 
 
 
¶26.  PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A.  What kind of protection is the government able under existing 
law to provide for victims and witnesses?  Does it provide these 
protections in practice? 
 
RESPONSE: 
 
Please see the responses to "26-B" and "26-C" below. 
 
-- B.  Does the country have victim care facilities (shelters or 
drop-in centers) which are accessible to trafficking victims?  Do 
foreign victims have the same access to care as domestic trafficking 
victims?  Where are child victims placed (e.g., in shelters, foster 
care, or juvenile justice detention centers)?  Does the country have 
specialized care for adults in addition to children?  Does the 
country have specialized care for male victims as well as female? 
Does the country have specialized facilities dedicated to helping 
victims of trafficking?  Are these facilities operated by the 
government or by NGOs?  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. 
 
RESPONSE: 
 
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, regardless of 
gender, age or immigration status.  Victims with special needs, such 
as emotional support or counseling, are referred by relevant 
authorities to a specialist provider of care services. 
 
The New Zealand government is unaware of any situation during the 
reporting period when a person accessing these services or 
facilities claimed to be a victim of trafficking. 
 
-- C.  Does the government provide trafficking victims with access 
to legal, medical and psychological services?  If so, please specify 
the kind of assistance provided.  Does the government provide 
funding or other forms of support to foreign or domestic NGOs and/or 
international organizations for providing these services to 
trafficking victims?  Please explain and provide any funding amounts 
in U.S. dollar equivalent.  If assistance provided was in-kind, 
please specify exact assistance.  Please specify if funding for 
assistance comes from a federal budget or from regional or local 
governments. 
 
RESPONSE: 
 
All crime victims in New Zealand, including trafficking victims, are 
protected under the New Zealand's Victim's Rights Act of 2002 
regardless of their immigration status.  Under this act, the New 
Zealand Police would provide any suspected trafficking victim with 
his or her immediate welfare needs, such as food and shelter.  In 
 
WELLINGTON 00000038  015 OF 041 
 
 
addition, a victim would be informed of services to which he or she 
is entitled, such as physical and mental health services, 
counseling, legal services, and access to legal remedies, including 
restitution (see the response to "27-J" below). 
 
For ongoing care and case management, the victim's support would be 
coordinated by the Ministry of Social Development - Family and 
Community Services. This would include legal, medical and 
psychological services provided by government agencies in 
conjunction with various NGOs. 
 
The Ministry of Social Development's operational arm, Child Youth 
and Family Services, would provide any children who are identified 
as victims of trafficking with the appropriate care and support 
services. This would include immediate needs such as supervision and 
housing, as well as all other welfare needs. 
 
The IWG is considering an approach within the Plan of Action to make 
trafficking victims a separate formal category of victim, with an 
immigration status.  This approach would provide trafficking victims 
with a greater range of support services over the longer term.  The 
IWG states that victim assistance will continue to be a regular 
agenda item at IWG meetings and consideration of measures that 
extend or enhance victim support will be on-going. 
 
New Zealand Aid for International Development (NZAID) is the 
government agency responsible for managing New Zealand's 
international 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 100,000 (NZD 200,000) to the Asia Pacific Forum of National 
Human Rights Institutions annually. 
 
-- USD 200,000 (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 14.9 million (NZD 
29.8 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. 
 
In December, the government facilitated the voluntary repatriation 
of nine citizens of India who had been lured to the island of Niue 
(an independent state freely associated with New Zealand) with false 
promises of well-paid work on an established farm, and eventual 
access to New Zealand.  The government of New Zealand denied the 
migrants access to New Zealand and, as the government of Niue would 
not repatriate the migrants, New Zealand did so at the cost of USD 
71,000 (NZD 35,500) and under the supervision of the IOM. 
 
The government partnered with local bodies in New Zealand, typically 
regional councils, to provide support services to migrants and 
refugees, which would include potential trafficking victims.  In 
2008, the government contributed USD 2.95 million (NZD 5.9 million) 
toward those services. 
 
-- D. Does the government assist foreign trafficking victims, for 
example, by providing temporary to permanent residency status, or 
other relief from deportation?  If so, please explain. 
 
RESPONSE: 
 
The Department of Labour-Immigration is able to provide victims, 
including foreign trafficking victims, with immigration status 
appropriate to their situation. Immigration would assess a victim on 
 
WELLINGTON 00000038  016 OF 041 
 
 
a case-by-case basis and the victim would be eligible for a 
temporary permit.  For example, the government has provided crime 
victims with temporary entry permits, including limited purpose 
entry permits (to testify in court, for example).  In some cases 
relating to visa holders who are illegally engaged in the sex 
industry (and may be potential and unproven victims of trafficking), 
the violators are often allowed to remain in New Zealand subject to 
the terms of their visa.  Likewise, illegal migrant farm workers who 
have been exploited (though not necessarily trafficked) are 
sometimes allowed to remain in the country. 
 
-- E. Does the government provide longer-term shelter or housing 
benefits to victims or other resources to aid the victims in 
rebuilding their lives? 
 
RESPONSE: 
 
Please see the responses to "26-B" and "26-C" above. 
 
-- F. Does the government have 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 (either government or NGO-run)? 
 
RESPONSE: 
 
Depending on the status of the victim, he or she would be referred 
to the Department of Corrections (if detained) which has a range of 
social service and witness protection options available, or to an 
NGO (if not detained) such as the Women's Refuge, Victims Support, 
or Refugee Services. 
 
-- G. What is the total number of trafficking victims identified 
during the reporting period?  Of these, how many victims were 
referred to care facilities for assistance by law enforcement 
authorities during the reporting period?  By social services 
officials?  What is the number of victims assisted by 
government-funded assistance programs and those not funded by the 
government during the reporting period? 
 
RESPONSE: 
 
No transnational trafficking victims were identified during the 
reporting period.  With respect to domestic victims, children 
engaged in prostitution were referred to Child and Protective 
Services or to parents.  No numbers were available. 
 
-- H. Do the government's law enforcement, immigration, and social 
services personnel have a formal system of proactively identifying 
victims of trafficking among high-risk persons with whom they come 
in contact (e.g., foreign persons arrested for prostitution or 
immigration violations)?  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? 
 
RESPONSE: 
 
Please see the response to "27-B" below concerning the government's 
screening efforts to help detect potential trafficking victims among 
those seeking to enter New Zealand illegally. 
 
Immigration officers have received training on anti-trafficking 
legislation and its implementation, including the necessity of 
providing victims with information on social services.  The officers 
conduct interviews with potential victims and coordinate with the 
New Zealand Police and other social services agencies. 
 
-- I. Are the rights of victims respected?  Are trafficking victims 
detained or jailed?  If so, for how long?  Are victims fined?  Are 
 
WELLINGTON 00000038  017 OF 041 
 
 
victims prosecuted for violations of other laws, such as those 
governing immigration or prostitution? 
 
RESPONSE: 
 
The government is conscientious about protecting the rights of crime 
victims, including potential trafficking victims.  In any potential 
trafficking case, the government's policy is to try to obtain the 
victim's collaboration in prosecuting the person responsible, ensure 
that the victim's accommodation needs are met, and issue a temporary 
permit where appropriate to enable the victim to remain lawfully in 
New Zealand to serve as a legal witness if needed. 
 
The Victims' Rights Act of 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; 
 
-- offer access to counseling and social services; and 
 
-- inform victims and their families of the progress of the criminal 
proceedings, 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. 
 
Under the Act, 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 
prostitution, 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. 
 
As mentioned in "26-D" above, migrants who are illegally engaged in 
prostitution and illegal migrant farm workers who are potential 
trafficking victims may, on a case by case basis, be allowed to 
remain in New Zealand. 
 
-- J. 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? 
 
RESPONSE: 
 
While no trafficking victims were detected during the reporting 
period, such victims would be handled under New Zealand's existing 
mechanism for assisting crime victims.  If the government becomes 
aware of an instance of trafficking, it is government policy to 
solicit the cooperation of the victim so long as it would not 
jeopardize the success of the investigation.  Although the 
government would have an interest in persuading the victim to remain 
in New Zealand, 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. 
 
Victims may use the judicial system to seek restitution against 
traffickers.  In addition, following criminal prosecution of a 
trafficker, the court may order the trafficker to make reparation to 
the victim.  The court is required by law to consider reparation in 
 
WELLINGTON 00000038  018 OF 041 
 
 
all criminal cases and it must impose reparation 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. 
 
-- K. 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 
UNCLASSIFIED 
PROG 02/13/09 
CDA:DJKEEGAN 
PE:GREX 
PE:MMCKEAN 
 
AMEMBASSY WELLINGTON 
SECSTATE WASHDC 
INFO AMEMBASSY CANBERRA 
AMEMBASSY PORT MORESBY 
AMEMBASSY SUVA 
AMEMBASSY BANGKOK 
AMEMBASSY BEIJING 
AMCONSUL AUCKLAND 
AMCONSUL HONG KONG 
AMCONSUL CHENGDU 
AMCONSUL GUANGZHOU 
AMCONSUL SHANGHAI 
AMCONSUL SHENYANG 
AIT TAIPEI 
DEPT OF JUSTICE WASHINGTON DC 
DEPT OF HOMELAND SECURITY WASHINGTON DC 
DEPT OF LABOR WASHINGTON DC 
DEPT OF TREASURY WASHINGTON DC 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR G/TIP, G-ACBlank, INL, DRL, PRM, EAP/ANP, EAP/RSP 
 
DEPARTMENT PASS USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PREF ASEC SMIG ELAB KCRM KWMN KFRD KTIP NZ
 
SUBJ: TRAFFICKING IN PERSONS - NEW ZEALAND 2009 
 
REF: 08 STATE 132759 
 
¶1.  (SBU) Following are responses for the Trafficking in Persons 
(TIP) report for New Zealand, keyed to reftel: 
 
Begin Responses 
--------------- 
 
¶23.  THE COUNTRY'S TIP SITUATION: 
 
-- A. What is (are) the source(s) of available Information on 
trafficking in persons?  What plans are in place (if any) to 
undertake further documentation of human trafficking?  How reliable 
are these sources? 
 
RESPONSE: 
 
Information relating to trafficking in New Zealand is derived from 
the government through:  the Department of Labour, which has 
 
WELLINGTON 00000038  019 OF 041 
 
 
responsibility for immigration, customs and border security, and 
which is the country's lead agency in preventing and combating 
trafficking; 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; and the Ministry of Women's Affairs. 
 
Trafficking information is also obtained from New Zealand media 
reports and non-governmental organizations (NGOs) such as ECPAT 
(Eliminate Child prostitution, Pornography And Trafficking), 
Stop-Demand, the Salvation Army, the Mangere East Family Services 
Center (MEFSC), Save the Children, and Iosis Family Solutions. 
 
Post considers information from the government, media and NGOs to be 
reliable although incomplete in some areas. 
 
There is no credible statistical information or survey data relating 
to the nature and amount of transnational and domestic trafficking 
in New Zealand.  However, all agree the incidence rate is not high. 
 
 
Police inspections of brothels occasionally identify illegal sex 
workers, but none has been identified as a trafficking victim in 
recent times.  The last confirmed case and prosecution for 
transnational trafficking occurred in 2002. 
 
The only attempt to quantify the number of underage prostitutes in 
New Zealand was conducted by the Prostitution Law Review Committee 
(PLRC), which is reported in the response to "23-B" below.  However, 
the PLRC estimate of underage prostitution is far from exact as it 
relied on studies using anecdotal information from interviewees and 
because the study was not conducted nationwide (it only examined 
larger communities). 
 
Without statistical data, it is difficult to accurately determine 
the number of underage prostitutes.  According to the New Zealand 
Prostitutes Collective (NZPC) and Stop Demand, many young people 
under 18 who frequent red light districts are assumed to be involved 
in sex work, but only a few of the youths are actually engaged in 
prostitution. 
 
-- B. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or children? 
Does trafficking occur within the country's borders?  If so, does 
internal trafficking occur in territory outside of the government's 
control (e.g. in a civil war situation)?  To where are people 
trafficked?  For what purposes are they trafficked?  Provide, where 
possible, numbers or estimates for each group of trafficking 
victims.  Have there been any changes in the TIP situation since the 
last TIP Report (e.g. changes in destinations)? 
 
RESPONSE: 
 
There is no objective evidence (victim interviews, arrests, 
convictions, etc.) indicating that New Zealand is a country of 
origin or transit in transnational trafficking, though New Zealand's 
legal sex industry likely makes it a potential country of 
destination -- primarily for women of Asian ethnicity engaged in the 
legal sex industry.  This suspicion is based on the existence of 
non-resident aliens (usually Asian women) working illegally in New 
Zealand's legal sex industry.  However, it is difficult for 
government officials and NGOs to prove such women are trafficking 
victims because the sex workers seek to avoid detection (in order to 
remain in New Zealand) or do not consider themselves victims. 
 
The number of domestic trafficking victims is also small (estimated 
to be less than 100), and consists of underage sex workers, and 
illegal migrants working in the agricultural sector.  As with 
potential transnational trafficking victims in the sex industry, 
domestic trafficking victims also seek to avoid detection or do not 
 
WELLINGTON 00000038  020 OF 041 
 
 
consider themselves victims.  Therefore, making an accurate estimate 
of the number of victims is difficult. 
 
NGOs involved in addressing underage prostitution agree that there 
are no reliable data concerning the number of victims in New 
Zealand.  However, there is NGO consensus that the number is 
relatively small -- primarily young people engaging in prostitution 
on an opportunistic and intermittent basis, and working in the 
street more so than in brothels. 
 
Another source of information concerning prostitution is the 
Prostitution Law Review Committee (PLRC), which was established with 
the adoption of the Prostitution Reform Act (PRA) in 2003.  The PLRC 
was required by the legislation to issue a five-year report on the 
status and effectiveness of the PRA, which was published in May, 
¶2008.  In preparing its report, the PLRC relied on information 
provided by the government, the Christchurch School of Medicine, the 
Victoria University's Crime and Justice Research Center, the New 
Zealand Prostitutes Collective, and other NGOs. 
 
With respect to underage prostitution, the PLRC reported that: 
 
-- There were 2,332 sex workers within the major centers of 
prostitution in NZ, namely Auckland, Wellington, Christchurch, 
Hawke's Bay and Nelson.  Of those, the PLRC estimated that 1.3 
percent (approximately 30) were under 18 years of age. 
 
-- Underage prostitutes work primarily in the street sector (as 
opposed to brothels), which makes them more difficult to detect and 
more likely to be victims of abuse and unhealthy working 
conditions. 
 
There have not been changes in the TIP situation since the last TIP 
report. 
 
-- C. What kind of conditions are the victims trafficked into? 
 
RESPONSE: 
 
With respect to women of Asian ethnicity illegally engaging in the 
legal prostitution industry and working in licensed brothels (see 
response to "23-D" below), the safety and health conditions would be 
similar to that of legal sex workers, though trafficking victims 
might be compelled or intimidated to participate because of debts 
incurred abroad or as a condition of receiving assistance in 
immigrating into New Zealand.  As noted in "23-A" above, there have 
been no adult trafficking victims discovered within the New Zealand 
sex industry since 2002. 
 
Concerning underage prostitutes, these young women are generally 
working in the street and outside of legal brothels.  They are, 
therefore, more vulnerable to abuse and are more likely to be 
working in unhealthy and dangerous conditions.  Illegal migrants 
working in the agricultural sector are similarly vulnerable to abuse 
and poor working conditions. 
 
In all cases (underage prostitutes, migrant sex workers and migrant 
farm workers), such potential trafficking victims are unlikely to 
report intimidation, abuse or working conditions for fear of 
detection, loss of income, and possible deportation. 
 
-- D. Vulnerability to TIP: Are certain groups of persons more at 
risk of being trafficked (e.g. women and children, boys versus 
girls, certain ethnic groups, refugees, IDPs, etc.)? 
 
RESPONSE: 
 
Women of Asian ethnicity have the greatest risk of being trafficked 
into New Zealand, primarily for prostitution (though, as mentioned 
previously, none have been detected since 2002).  This assessment is 
 
WELLINGTON 00000038  021 OF 041 
 
 
based on the nationality of foreign women who are found to be 
engaging illegally in prostitution (i.e., while in New Zealand on 
temporary residence status).  The women illegally engaging in 
prostitution often originate from China, Taiwan, Hong Kong and 
Thailand. 
 
With regard to underage prostitution, the persons most at risk are 
young New Zealand women (under 18 years old) from homes in which 
there were problems with child abuse, domestic violence, alcoholism 
and dysfunctional families. 
 
Victims of transnational trafficking in the agricultural sector are 
most likely low-skilled men and women from Asia and Pacific Island 
Countries who have entered the country illegally. 
 
-- E. Traffickers and Their Methods: 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?  For 
example, are they offered lucrative jobs, sold by their families, or 
approached by friends of friends?  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? 
 
RESPONSE: 
 
There have been no proven cases of transnational trafficking since 
¶2002. 
 
With respect to underage prostitution, the government and NGOs 
suggest that it is opportunistic and street based. 
 
According to the director of the Mangere East Family Services Center 
(MEFSC) in Auckland, youth who engage in prostitution do so on an 
episodic basis rather than full-time, and only a few are pimped by 
gangs.  Almost all underage prostitutes, according to MEFSC, are 
street workers rather than operating within a brothel (where 
detection is more likely).  The young people engage in prostitution 
in order to obtain money for needed expenses and then cease the 
activity until the need arises again.  They do not view themselves 
as prostitutes.  MEFSC claims that detecting underage sex workers is 
made more difficult by the popularity of cellular phone texting. 
Street-based sex workers use texting to arrange meetings with 
clients without making contact in public areas (at least after the 
initial contact). 
 
ECPAT agrees with the MEFSC assessment concerning the number and 
nature of underage prostitution in New Zealand.  Almost all of the 
underage prostitutes work in the street on a temporary and 
opportunistic basis, according to ECPAT, though a few are reported 
to be trafficked among gangs. 
 
Iosis Family Solutions (Iosis) 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 on an 
opportunistic basis is larger.  According to Iosis, 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. 
 
The opinions of the NGOs cited above are echoed by the PLRC's 2008 
report described in the response to "23-B." 
 
 
¶24.  SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
 
-- A. Does the government acknowledge that trafficking is a problem 
in the country?  If not, why not? 
 
WELLINGTON 00000038  022 OF 041 
 
 
 
RESPONSE: 
 
The government acknowledges that transnational trafficking is a 
potential problem, but it has not discovered a transnational 
trafficking victim since New Zealand's anti-trafficking law became 
effective in 2002.  Nevertheless, New Zealand has used reasonable 
efforts to detect trafficking victims who may enter the country. 
The government credits its lack of a transnational trafficking 
problem largely to the country's geography.  As a remote island 
nation, New Zealand has the advantage of not sharing a common border 
with another country.  Consequently, anti-trafficking resources can 
be targeted on the country's limited number of air and sea entry 
locations. 
 
As stated in "23-B" above, the government's definition of 
trafficking does not include underage prostitution which, it admits, 
is a limited problem.  The government works to prevent and prosecute 
such exploitation under other laws dealing with the abuse and 
exploitation of children, and with underage prostitution. 
 
-- B. Which government agencies are involved in anti-trafficking 
efforts and which agency, if any, has the lead? 
 
RESPONSE: 
 
The Department of Labour-Immigration has the lead role in New 
Zealand's anti-trafficking efforts and also chairs the government's 
Interagency Working Group (IWG) on People Trafficking discussed in 
"24-D" below.  The Department of Labour-Immigration, the New Zealand 
Police, the New Zealand Customs Service, and the Ministry of Justice 
have responsibility for enforcement and prosecution of the laws 
governing trafficking.  In addition, trafficking issues are covered 
by 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. 
 
With respect to the geographical jurisdiction of government agencies 
engaged in anti-trafficking efforts, New Zealand Customs and the 
Department of Labour-Immigration concentrate on the territorial sea 
and on border entry points.  The New Zealand Defence Forces monitor 
international waters and New Zealand's Exclusive Economic Zone for 
vessels bound for New Zealand. 
 
-- C. What are the limitations on the government's ability to 
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? 
 
RESPONSE: 
 
The government is not constrained by fiscal or other resources in 
addressing human trafficking issues.  Instead, the difficulty for 
New Zealand is balancing its desire to eliminate all forms of 
trafficking (which is a relatively small problem in New Zealand) 
against the competing need to address other significant social 
problems that affect a much larger portion of the population, such 
as domestic violence, child abuse, gang violence, drug abuse, and 
the disproportionate number of Maoris on unemployment and welfare 
rolls, in prison, among school dropouts, in infant mortality 
statistics, and among single-parent households. 
 
Overall corruption was not a problem.  New Zealand has a number of 
legislative, administrative, and enforcement structures in place to 
prevent and prosecute bribery and corruption, to include the Police 
Financial Intelligence Unit; the Serious Fraud Office; the Office of 
the Ombudsmen; the Inland Revenue Department; the Office of the 
Controller and Auditor-General; the Department of Internal Affairs; 
and the State Services Commission.  There are other agencies as 
 
WELLINGTON 00000038  023 OF 041 
 
 
well, such as the Ministry of Justice, which lead policy initiatives 
against corruption and bribery. 
 
New Zealand is perceived to be one of the world's three least 
corrupt countries (along with Denmark and Sweden) according to the 
latest 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. 
 
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 and is explained in detail within the 
responses that follow. 
 
-- D. 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? 
 
RESPONSE: 
 
In 2008, the government adopted a Plan of Action to combat 
trafficking, and the government's implementation efforts continue. 
The Plan of Action was developed and implemented by the IWG, which 
is comprised of the ministries and departments that are engaged in 
anti-trafficking efforts.  In addition, the Plan of Action process 
solicited input from NGOs and civil society groups.  The purpose of 
the Plan of Action is to review, refine and enhance the government's 
anti-trafficking strategies and framework, including its monitoring 
and evaluation strategies.  Another goal is to uncover and deter 
trafficking by creating public awareness of trafficking issues. 
 
With respect to the domestic exploitation of underage prostitutes, 
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 published its 
5-year report in 2008 and will report again in 2018. 
 
The government's efforts to prevent and address trafficking are also 
reported within the Bali Process, at relevant UN meetings (such as 
the UNHCR and the IGC), to regional and international organizations 
(such as the International Organization for Migration and the 
Pacific Immigration Directors Conference), and on a government 
public access web site. 
 
 
¶25.  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. Existing Laws against TIP: Does the country have a law or laws 
specifically prohibiting trafficking in persons -- both for sexual 
exploitation and labor?  If so, please specifically cite the name of 
the law(s) and its date of enactment and provide the exact language 
[actual copies preferable] of the TIP provisions.  Please provide a 
full 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). Does 
the law(s) cover both internal and 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? 
 
RESPONSE: 
 
WELLINGTON 00000038  024 OF 041 
 
 
 
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 anti-trafficking 
legislation is comprehensive and covers all aspects of transnational 
trafficking, including reception, concealment or harboring of 
persons. 
 
Measures to punish forms of domestic trafficking not addressed by 
the laws punishing transnational trafficking are included under 
other New Zealand laws.   These domestic trafficking laws (though 
the word "trafficking" is not used) deal with crimes involving 
abduction, assault, kidnapping, rape, engaging or coercing underage 
prostitutes, and exploitation of laborers within New Zealand 
borders. 
 
The key anti-trafficking legislative provisions (dealing with 
transnational trafficking) are found in Part 5 of the Crimes Act of 
¶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 of 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 or engagement in forced labor. 
 
Section 16 of the Prostitution Reform Action of 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 young 
people under 18 both within and outside NZ (section 144A), and 
criminalizes the organization or promotion of child sex tours 
(section 144C). 
 
The government has proposed a civil forfeiture law, called the 
Criminal Proceeds (Recovery) Bill, that would authorize the 
government to seize instruments used in, or the proceeds derived 
from, all of the crimes listed above.  The bill is currently 
awaiting its second reading before Parliament. 
 
-- B. Punishment of Sex Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking people for sexual 
exploitation? 
 
RESPONSE: 
 
The penalty for offenses relating to all types of trafficking is 
contained in section 98D of the Crimes Act of 1961 and imposes a 
term of imprisonment not exceeding 20 years, a fine not exceeding 
USD 250,000 (NZD 500,000) or both. 
 
No penalties were imposed under this law within the reporting 
 
WELLINGTON 00000038  025 OF 041 
 
 
period. 
 
-- C. Punishment of Labor Trafficking Offenses: What are the 
prescribed and imposed penalties for trafficking for labor 
exploitation, such as forced or bonded labor?  If your country is a 
source country for labor migrants, do the government's laws provide 
for criminal punishment -- i.e. jail time -- for labor recruiters 
who engage in recruitment of workers using knowingly fraudulent or 
deceptive offers with the purpose of subjecting workers to 
trafficking in the destination country?  If your country is a 
destination for labor migrants, are there laws punishing employers 
or labor agents who confiscate workers' passports or travel 
documents for the purpose of trafficking, 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? 
 
RESPONSE: 
 
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 Organized Crime. 
 
Section 98C prohibits the smuggling of unauthorized 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 labor; 
 
-- detaining, confining, receiving, transporting, removing or 
importing a person under 18 years for trafficking purposes; or 
 
-- 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 carry a maximum penalty of 20 years 
imprisonment and/or a fine not exceeding USD 250,000 (NZD 500,000), 
with the exception of 98AA, which carries a maximum penalty of 14 
years imprisonment. 
 
The Immigration Act of 1987 provides that an employer must not 
either knowingly, or without reasonable excuse, employ a non-citizen 
who is not entitled to work in New Zealand (section 39). 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 50,000 (NZD 100,000).  Among other things, the 
Immigration Act of 1987 makes 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 of 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. 
 
 
WELLINGTON 00000038  026 OF 041 
 
 
-- D. What are the prescribed penalties for rape or forcible sexual 
assault? (NOTE:  This is necessary to evaluate a foreign 
government's compliance with TVPA Minimum Standard 2, which reads: 
"For the knowing commission of any act of sex trafficking . . . the 
government of the country should prescribe punishment commensurate 
with that for grave crimes, such as forcible sexual assault (rape)." 
 END NOTE) 
 
RESPONSE: 
 
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. Law Enforcement Statistics: Did the government prosecute any 
cases against human trafficking offenders during the reporting 
period?  If so, provide numbers of investigations, prosecutions, 
convictions, and sentences imposed, including details on plea 
bargains and fines, if relevant and available.  Please note the 
number of convicted traffickers who received suspended sentences and 
the number who received only a fine as punishment.  Please indicate 
which laws were used to investigate, prosecute, convict, and 
sentence traffickers.  Also, if possible, please disaggregate 
numbers of cases by type of TIP (labor vs. commercial sexual 
exploitation) and victims (children under 18 years of age vs. 
adults).  If in a labor source country, did the government 
criminally prosecute labor recruiters who recruit workers using 
knowingly fraudulent or deceptive offers or by imposing fees or 
commissions for the purpose of subjecting the worker to debt 
bondage?  Did the government in a labor destination country 
criminally prosecute employers or labor agents who confiscate 
workers' passports/travel documents for the purpose of trafficking, 
switch contracts or terms of employment without the worker's consent 
to keep workers in a state of service, 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?  What were the actual punishments imposed on 
persons convicted of these offenses?  Are the traffickers serving 
the time sentenced?  If not, why not? 
 
RESPONSE: 
 
There have been no prosecutions under New Zealand's anti-trafficking 
laws since they were instituted in 2002, as no evidence of 
transnational trafficking has been found.  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 from January 1, 2008 through December 31, 2008, the 
government made 21 compliance visits to sex industry premises. 
 
WELLINGTON 00000038  027 OF 041 
 
 
These included brothels, homes and any premises associated with the 
sex industry.  During those visits authorities found nine foreign 
nationals working illegally in the sex industry.  Of those, the 
government revoked one entry permit (the holder then departed NZ or 
was deported) and three persons without entry permits either 
departed NZ or were deported.  Three had temporary permits revoked 
but are still unlawfully in New Zealand.  The two remaining holders 
of entry permits were allowed to remain in New Zealand on 
humanitarian grounds or given a second chance. 
 
Since the PRA came into force in June 2003 and until March 2008 (the 
most recent data available), 99 charges have been filed under the 
various PRA provisions relating to the illegal operation of 
brothels.  Ninety-two of those charges (which involved multiple 
charges for one offender) 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 
increased every subsequent year to 13 in 2006, and 34 in the 
2007/2008 reporting period.  The number of prosecutions during the 
2008/2009 reporting period was not publicly available by the 
deadline for this report. 
 
Thirty-six of the 99 charges resulted in convictions; 19 charges are 
still active.  The remaining 44 charges were either withdrawn, the 
accused was acquitted or the charges were otherwise not proven.  Of 
the 36 offenders convicted, 11 were placed in custody, 20 were 
sentenced to community work, two were placed under supervision, four 
were given monetary fines, and one was discharged (an offender may 
have received more than one type of penalty). 
 
In July a Christchurch brothel owner was charged with exploiting 
underage girls in prostitution. The two girls, ages 16 and 17, 
worked at the brothel for more than a year. This was the first 
occasion that prosecutors applied the law banning sexual slavery, 
adopted in 2006 in accordance with the United Nations Convention on 
the Rights of the Child. The case remained pending at the end of the 
reporting period. 
 
In November authorities charged a New Plymouth brothel owner with 
several offenses relating to his employment of a 15-year-old girl as 
a prostitute during a six-month period in 2005. The case remained 
pending at the end of the reporting period. 
 
In December the Tauranga District Court sentenced a 19-year-old Bay 
of Plenty man to 27 months' imprisonment for assisting and receiving 
earnings from his 15-year-old girlfriend, who engaged in 
prostitution in 2006 and 2007. 
 
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.  Since many underage prostitutes do not see 
themselves as victims and do not cooperate with Police, Police may 
find it difficult to indict violators who use underage prostitutes. 
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 
 
WELLINGTON 00000038  028 OF 041 
 
 
investigation after obtaining a warrant to do so.  In order to 
obtain a warrant, Police must have "grounds to suspect" that a 
violation is occurring or has occurred, which is a lower standard 
than that governing Police entry into other types of businesses 
(where Police must have "grounds to believe").  The rationale is to 
provide Police with greater powers of access to prevent harm to sex 
workers.  However, 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.  According to the Police, the 
PRA has not limited their ability to investigate possible illegal 
activities associated with brothels when Police have found it 
necessary to do so. 
 
Even though New Zealand's anti-trafficking law only applies to 
transnational trafficking, the government employs an extensive 
statutory regime to protect workers from domestic trafficking or 
exploitation, and from working in unsafe or unhealthy work 
environments.  These protections apply 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 of 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. 
 
There were 264 horticulture and viticulture compliance inspections 
made during 2008.  This includes Regional Seasonal Employer (RSE) 
compliance, educational and audit inspections.  From 2005 to present 
(the government has not isolated the figures for 2008), the 
government has brought 263 charges against labor recruiters: 257 
relating to fraudulent and deceptive offers; and six relating to 
violations of the Immigration Act. 
 
-- F. 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. 
 
RESPONSE: 
 
Department of Labour-Immigration onshore operational staff who may 
be in a position to detect suspected trafficking activity receive 
training on identifying indicators.  Additional operational training 
on identifying indicators of trafficking and trafficking victim 
interviewing techniques was delivered to Immigration compliance 
officers in the past year.  Information on trafficking indicators 
has also been incorporated into briefings for these officers before 
each enforcement operation. 
 
Further, the profile developed for Operation Spotlight (see "27-B" 
below), which provides a useful tool at the border to identify 
potential sex workers before they enter the country, has been 
incorporated into training for border officers. 
 
The Department of Labour-Immigration plans to implement other 
training/awareness measures to ensure that a wider number of staff 
are aware of and understand the dimensions of human trafficking. 
These measures include a trafficking intranet site, presentations by 
managers, and internally circulating information on trafficking 
indicators. 
 
Additional training to be delivered to Immigration Officers as part 
of the Plan of Action includes extending training to all frontline 
onshore and offshore staff on trafficking indicators in visa 
applications.  The Plan of Action also includes an effort to better 
coordinate training programs between agencies to ensure a consistent 
 
WELLINGTON 00000038  029 OF 041 
 
 
approach to suspected trafficking crimes. 
 
In 2008, the New Zealand Police developed training on human 
trafficking offences as part of the Criminal Investigation Branch 
(CIB) training program.  This training will be implemented in 2009 
and will be provided to all new detectives as they pass through CIB 
training.  The training program will be complemented by an intranet 
site which will be available to all Police staff with some material 
also being included on the New Zealand Police public website.  The 
Police have also sent officers to Australia for training in this 
area with the Australian Federal Police. 
 
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 has a similar arrangement with the 
New Zealand Police. 
 
--G. Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases?  If possible, 
provide the number of cooperative international investigations on 
trafficking during the reporting period. 
 
RESPONSE: 
 
The Mutual Assistance in Criminal Matters Act of 1992 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, to include the gathering of evidence, 
identifying and locating persons, and executing warrants.  The New 
Zealand Police also provide informal assistance to their 
counterparts around the world through Interpol channels. 
 
New Zealand has not made or received any requests relating to 
trafficking under this act to date. 
 
-- H. Does the government extradite persons who are charged with 
trafficking in other countries?  If so, please provide the number of 
traffickers extradited during the reporting period, and the number 
of trafficking extraditions pending. In particular, please report on 
any pending or concluded extraditions of trafficking offenders to 
the United States. 
 
RESPONSE: 
 
Trafficking is an extraditable offence under New Zealand's 
Extradition Act of 1999 which allows New Zealand to extradite 
offenders.  To date, New Zealand has never received a request to 
extradite or otherwise surrender a person charged with a trafficking 
offense. 
 
New Zealand's Extradition Act of 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. 
 
-- I. Is there evidence of government involvement in or tolerance of 
trafficking, on a local or institutional level?  If so, please 
explain in detail. 
 
RESPONSE: 
 
There is no evidence of government involvement in or tolerance of 
trafficking. 
 
-- J. 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 
 
WELLINGTON 00000038  030 OF 041 
 
 
prosecuted for involvement in 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, or were given a fine, fired, or reassigned to 
another position within the government as punishment.  Please 
indicate the number of convicted officials that received suspended 
sentences or received only a fine as punishment. 
 
RESPONSE: 
 
Not applicable. 
 
-- K. 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 countries with federalist systems, 
prostitution laws may be under state or local jurisdiction and may 
differ among jurisdictions. 
 
RESPONSE: 
 
Prostitution in New Zealand was decriminalized by the Prostitution 
Reform Act (PRA) of 2003, which placed the sex industry under a 
regulatory regime.  That regulatory structure is enforced. 
 
The PRA prohibits persons under 18 years of age and foreign 
nationals from working in the commercial sex industry.  Prostitutes 
under 18 are not prosecuted (they are considered victims), but other 
parties involved in the transaction may be prosecuted -- e.g., for 
facilitating, receiving payment for, or receiving sexual services 
from, a person under 18.  Additional charges may result where there 
is a lack of consent or a person is induced or compelled to provide 
commercial sexual services or earnings. 
 
When a client engages a person under the age of 18 to provide sexual 
services, the defendant has the burden of proving that he/she took 
adequate steps to ascertain whether the person was 18 years or 
older. 
 
Law enforcement personnel, including immigration officers, 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 screen for 
victims of trafficking, to include underage sex workers. 
 
The PRA prohibits the granting of an immigration permit if the 
person 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 
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 of 1992 
(including but not limited to safe sex practices). 
 
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. 
 
 
WELLINGTON 00000038  031 OF 041 
 
 
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. 
 
-- L. 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 engaged in or facilitated severe forms 
of trafficking or who exploited victims of such trafficking. 
 
RESPONSE: 
 
The government has no evidence to suggest, nor has Post obtained any 
reports to indicate, that NZDF personnel deployed in Timor-Leste, 
Afghanistan or similar missions have been involved in trafficking or 
related activities during the reporting period. 
 
-- M. If the country has an identified problem of child sex tourists 
coming to the country, what are the countries of origin for sex 
tourists?  How many foreign pedophiles did the government prosecute 
or deport/extradite to their country of origin?  If your host 
country's nationals are perpetrators of child sex tourism, do the 
country's child sexual abuse laws have extraterritorial coverage 
(similar to the U.S. PROTECT Act) to allow the prosecution of 
suspected sex tourists for crimes committed abroad?  If so, how many 
of the country's nationals were prosecuted and/or convicted during 
the reporting period under the extraterritorial provision(s) for 
traveling to other countries to engage in child sex tourism? 
 
RESPONSE: 
 
There have been no reported problems with child sex tourists or 
foreign pedophiles entering New Zealand.  None have been deported or 
extradited. 
 
With respect to New Zealand citizens engaging in child sex tourism 
abroad, New Zealand has extraterritorial coverage under section 144A 
of the Crimes Act of 1961 in that situation, and the government 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 of 1961 to organize or promote child 
sex tours. 
 
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 sufficient resources to 
enforce its sex tourism law.  ECPAT pointed out that New Zealand 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 New 
Zealand, being a relatively small country with a relatively small 
trafficking problem, has difficulty justifying additional resources 
for that purpose. 
 
The government features information on its extraterritorial child 
sex tourism legislation on the government travel advisory website. 
 
 
 
¶26.  PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A.  What kind of protection is the government able under existing 
law to provide for victims and witnesses?  Does it provide these 
 
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protections in practice? 
 
RESPONSE: 
 
Please see the responses to "26-B" and "26-C" below. 
 
-- B.  Does the country have victim care facilities (shelters or 
drop-in centers) which are accessible to trafficking victims?  Do 
foreign victims have the same access to care as domestic trafficking 
victims?  Where are child victims placed (e.g., in shelters, foster 
care, or juvenile justice detention centers)?  Does the country have 
specialized care for adults in addition to children?  Does the 
country have specialized care for male victims as well as female? 
Does the country have specialized facilities dedicated to helping 
victims of trafficking?  Are these facilities operated by the 
government or by NGOs?  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. 
 
RESPONSE: 
 
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, regardless of 
gender, age or immigration status.  Victims with special needs, such 
as emotional support or counseling, are referred by relevant 
authorities to a specialist provider of care services. 
 
The New Zealand government is unaware of any situation during the 
reporting period when a person accessing these services or 
facilities claimed to be a victim of trafficking. 
 
-- C.  Does the government provide trafficking victims with access 
to legal, medical and psychological services?  If so, please specify 
the kind of assistance provided.  Does the government provide 
funding or other forms of support to foreign or domestic NGOs and/or 
international organizations for providing these services to 
trafficking victims?  Please explain and provide any funding amounts 
in U.S. dollar equivalent.  If assistance provided was in-kind, 
please specify exact assistance.  Please specify if funding for 
assistance comes from a federal budget or from regional or local 
governments. 
 
RESPONSE: 
 
All crime victims in New Zealand, including trafficking victims, are 
protected under the New Zealand's Victim's Rights Act of 2002 
regardless of their immigration status.  Under this act, the New 
Zealand Police would provide any suspected trafficking victim with 
his or her immediate welfare needs, such as food and shelter.  In 
addition, a victim would be informed of services to which he or she 
is entitled, such as physical and mental health services, 
counseling, legal services, and access to legal remedies, including 
restitution (see the response to "27-J" below). 
 
For ongoing care and case management, the victim's support would be 
coordinated by the Ministry of Social Development - Family and 
Community Services. This would include legal, medical and 
psychological services provided by government agencies in 
conjunction with various NGOs. 
 
The Ministry of Social Development's operational arm, Child Youth 
and Family Services, would provide any children who are identified 
as victims of trafficking with the appropriate care and support 
services. This would include immediate needs such as supervision and 
housing, as well as all other welfare needs. 
 
The IWG is considering an approach within the Plan of Action to make 
trafficking victims a separate formal category of victim, with an 
 
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immigration status.  This approach would provide trafficking victims 
with a greater range of support services over the longer term.  The 
IWG states that victim assistance will continue to be a regular 
agenda item at IWG meetings and consideration of measures that 
extend or enhance victim support will be on-going. 
 
New Zealand Aid for International Development (NZAID) is the 
government agency responsible for managing New Zealand's 
international 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 100,000 (NZD 200,000) to the Asia Pacific Forum of National 
Human Rights Institutions annually. 
 
-- USD 200,000 (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 14.9 million (NZD 
29.8 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. 
 
In December, the government facilitated the voluntary repatriation 
of nine citizens of India who had been lured to the island of Niue 
(an independent state freely associated with New Zealand) with false 
promies of well-paid work on an established farm, and eventual 
access to New Zealand.  The government of New Zealand denied the 
migrants access to New Zealand and, as the government of Niue would 
not repatriate the migrants, New Zealand did so at the cost of USD 
71,000 (NZD 35,500) and under the supervision of the IOM. 
 
The government partnered with local bodies in New Zealand, typically 
regional councils, to provide support services to migrants and 
refugees, which would include potential trafficking victims.  In 
2008, the government contributed USD 2.95 million (NZD 5.9 million) 
toward those services. 
 
-- D. Does the government assist foreign trafficking victims, for 
example, by providing temporary to permanent residency status, or 
other relief from deportation?  If so, please explain. 
 
RESPONSE: 
 
The Department of Labour-Immigration is able to provide victims, 
including foreign trafficking victims, with immigration status 
appropriate to their situation. Immigration would assess a victim on 
a case-by-case basis and the victim would be eligible for a 
temporary permit.  For example, the government has provided crime 
victims with temporary entry permits, including limited purpose 
entry permits (to testify in court, for example).  In some cases 
relating to visa holders who are illegally engaged in the sex 
industry (and may be potential and unproven victims of trafficking), 
the violators are often allowed to remain in New Zealand subject to 
the terms of their visa.  Likewise, illegal migrant farm workers who 
have been exploited (though not necessarily trafficked) are 
sometimes allowed to remain in the country. 
 
-- E. Does the government provide longer-term shelter or housing 
benefits to victims or other resources to aid the victims in 
rebuilding their lives? 
 
RESPONSE: 
 
Please see the responses to "26-B" and "26-C" above. 
 
 
WELLINGTON 00000038  034 OF 041 
 
 
-- F. Does the government have 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 (either government or NGO-run)? 
 
RESPONSE: 
 
Depending on the status of the victim, he or she would be referred 
to the Department of Corrections (if detained) which has a range of 
social service and witness protection options available, or to an 
NGO (if not detained) such as the Women's Refuge, Victims Support, 
or Refugee Services. 
 
-- G. What is the total number of trafficking victims identified 
during the reporting period?  Of these, how many victims were 
referred to care facilities for assistance by law enforcement 
authorities during the reporting period?  By social services 
officials?  What is the number of victims assisted by 
government-funded assistance programs and those not funded by the 
government during the reporting period? 
 
RESPONSE: 
 
No transnational trafficking victims were identified during the 
reporting period.  With respect to domestic victims, children 
engaged in prostitution were referred to Child and Protective 
Services or to parents.  No numbers were available. 
 
-- H. Do the government's law enforcement, immigration, and social 
services personnel have a formal system of proactively identifying 
victims of trafficking among high-risk persons with whom they come 
in contact (e.g., foreign persons arrested for prostitution or 
immigration violations)?  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? 
 
RESPONSE: 
 
Please see the response to "27-B" below concerning the government's 
screening efforts to help detect potential trafficking victims among 
those seeking to enter New Zealand illegally. 
 
Immigration officers have received training on anti-trafficking 
legislation and its implementation, including the necessity of 
providing victims with information on social services.  The officers 
conduct interviews with potential victims and coordinate with the 
New Zealand Police and other social services agencies. 
 
-- I. Are the rights of victims respected?  Are trafficking victims 
detained or jailed?  If so, for how long?  Are victims fined?  Are 
victims prosecuted for violations of other laws, such as those 
governing immigration or prostitution? 
 
RESPONSE: 
 
The government is conscientious about protecting the rights of crime 
victims, including potential trafficking victims.  In any potential 
trafficking case, the government's policy is to try to obtain the 
victim's collaboration in prosecuting the person responsible, ensure 
that the victim's accommodation needs are met, and issue a temporary 
permit where appropriate to enable the victim to remain lawfully in 
New Zealand to serve as a legal witness if needed. 
 
The Victims' Rights Act of 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 
 
WELLINGTON 00000038  035 OF 041 
 
 
personal dignity and privacy; 
 
-- offer access to counseling and social services; and 
 
-- inform victims and their families of the progress of the criminal 
proceedings, 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. 
 
Under the Act, 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 
prostitution, 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. 
 
As mentioned in "26-D" above, migrants who are illegally engaged in 
prostitution and illegal migrant farm workers who are potential 
trafficking victims may, on a case by case basis, be allowed to 
remain in New Zealand. 
 
-- J. 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? 
 
RESPONSE: 
 
While no trafficking victims were detected during the reporting 
period, such victims would be handled under New Zealand's existing 
mechanism for assisting crime victims.  If the government becomes 
aware of an instance of trafficking, it is government policy to 
solicit the cooperation of the victim so long as it would not 
jeopardize the success of the investigation.  Although the 
government would have an interest in persuading the victim to remain 
in New Zealand, 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. 
 
Victims may use the judicial system to seek restitution against 
traffickers.  In addition, following criminal prosecution of a 
trafficker, the court may order the trafficker to make reparation to 
the victim.  The court is required by law to consider reparation in 
all criminal cases and it must impose reparation 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. 
 
-- K. Does the government provide any specialized training for 
government officials in identifying trafficking victims and in the 
provision of assistance to traffiked 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?   What 
is the number of trafficking victims assisted by the host country's 
embassies or consulates abroad during the reporting period?  Please 
explain the type of assistance provided (travel documents, referrals 
 
WELLINGTON 00000038  036 OF 041 
 
 
to assistance, payment for transportation home). 
 
RESPONSE: 
 
Immigration officers receive 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-Immigration and the 
Human Rights Commission have participated in and conducted numerous 
training workshops in recognizing victims and perpetrators of 
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 and others. 
 
The Department of Labour-Immigration conducts border control 
training workshops and document examination training for the 
immigration and border control staff of countries in the 
Asia-Pacific region.  Immigration also provides passenger screening 
training to staff of airlines serving New Zealand and the Pacific. 
(Please see the response to "25-F" above for more details concerning 
these training programs.) 
 
Government diplomats assigned to countries where trafficking is 
likely to occur or where New Zealand 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. 
 
There were no trafficking victims who were New Zealand citizens and 
who were assisted by New Zealand's embassies or consulates abroad 
during the reporting period. 
 
-- L. Does the government provide assistance, such as medical aid, 
shelter, or financial help, to its nationals who are repatriated as 
victims of trafficking? 
 
RESPONSE: 
 
No New Zealand nationals have been repatriated as trafficking 
victims during the reporting period.  However, repatriated victims 
would be entitled to the services and programs available to all 
crime victims in New Zealand. 
 
-- M. 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? 
 
RESPONSE: 
 
Several NGOs are prepared to work with trafficking victims, both 
transnational and domestic.  These NGOs include 
national/international organizations such as the Salvation Army, 
IOM, Save the Children, ECPAT, the New Zealand Prostitutes 
Collective, and Stop Demand; and local community organizations such 
as Mangere East Family Services Center, Iosis Family Solutions, and 
Shakti Community Council.  These organizations offer a wide range of 
counseling, shelter and referral services.  All of the organizations 
indicate a high level of cooperation by national and local 
governments. 
 
With respect to underage prostitution, the Mangere East Family 
Services Center (MEFSC) in Auckland launched a new program in 2008. 
MEFSC partnered with the New Zealand Prostitutes Collective to 
establish a program called "Street Reach."  This privately-funded 
program provides counseling services to prostitutes (especially 
younger sex workers) to help them deal with psychological and 
 
WELLINGTON 00000038  037 OF 041 
 
 
emotional problems that are associated with women who enter 
prostitution, and which are often caused by growing up in situations 
involving child abuse, family violence, alcoholism and dysfunctional 
families.  The goal is to assist prostitutes in addressing those 
problems and thereby give up the profession. 
 
NGOs have not reported any difficulties with or reluctance by the 
government in addressing trafficking issues.  ECPAT, for example, 
praised MFAT and the police for their cooperation and leadership on 
trafficking and child-related issues. 
 
 
¶27.  PREVENTION: 
 
-- A. Did the government conduct anti-trafficking information or 
education campaigns 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)? 
(Note: This can be an especially noteworthy effort where 
prostitution is legal. End Note.) 
 
RESPONSE: 
 
There were no government-run anti-trafficking information and 
education campaigns specifically targeting transnational 
trafficking, underage prostitution or exploitation of migrant 
workers during the reporting period.  However, the government is 
attempting to raise general awareness of trafficking issues as part 
of its Plan of Action process, which began in 2008 and is discussed 
in other sections of this report.  That process has involved public 
consultations with NGOs and civil society, and has resulted in the 
publication of the Plan of Action's purpose and progress on the 
Department of Labour-Immigration web site. 
 
-- B. Does the government monitor immigration and emigration 
patterns for evidence of trafficking?  Do law enforcement agencies 
screen for potential trafficking victims along borders? 
 
RESPONSE: 
 
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), New Zealand 
immigration officials focus special attention on detection of 
trafficking during the visa approval process.  Immigration officials 
also coordinate 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 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 the automated checking of passport 
details (of those countries participating in RMAS) to detect 
invalid, lost and stolen passports. 
 
In January, the Customs Service and the Department of 
 
WELLINGTON 00000038  038 OF 041 
 
 
Labour-Immigration launched a passenger profiling initiative called 
Operation Spotlight at New Zealand's main international gateway, 
Auckland International Airport, to interdict visa-free travelers 
entering New Zealand who may have the intent of working illegally in 
the sex industry.  Passengers are targeted both remotely (while en 
route to NZ, based on their ticketing profile) and at the physical 
border via traditional face-to-face methods.  Passengers that match 
the alert profile at the primary line are referred by Customs to 
secondary questioning by Immigration.  Several incoming passengers 
were denied entry during the program's trial phase in 2008. 
 
Immigration also works closely with the New Zealand Customs Service 
in the National Targeting Centre to develop passenger profiles and 
prepare alerts against passengers of interest at the airport entry 
points. 
 
The Immigration Border Operations Centre (IBOC) monitors passengers 
using two systems.  The first is the Advanced Passenger Profiling 
(APP) system.  APP is linked to both the airline check-in system and 
to the Department of Labour-Immigration database.  If there is a 
passenger alert on the database, an alert is transmitted to APP that 
instructs airlines to not board the passenger.  As a result of APP, 
1347 passengers were offloaded before embarking for New Zealand 
between January 1, 2008 and December 31, 2008. 
 
The second system used by IBOC is the Risk Targeting Program (RTP), 
which uses electronic passenger profiling.  This system targets 
people who are potentially travelling with false passports.  RTP 
refers a significant number of individuals to Onshore Border 
Operations for investigation upon arrival (individuals who fit a sex 
worker profile is one example).  Onshore Border Operations then 
conduct face-to-face interviews with the individuals referred by 
RTP. 
 
To date, no trafficking cases have been identified through either 
system of offshore border profiling. 
 
-- C. 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? 
 
RESPONSE: 
 
At the domestic level: 
 
As mentioned in "24-D" above and "27-D" below, the government's Plan 
of Action to combat trafficking established an Inter-agency Working 
Group (IWG) on People Trafficking, that includes the Department of 
Labour-Immigration, 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 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. 
 
At the international level: 
 
-- The government's efforts to prevent trafficking are reported and 
coordinated within the Bali Process and at relevant UN meetings (New 
Zealand hosted the Bali Process steering group meeting in November 
2008); 
 
-- The government participates in the Pacific Regional Immigration 
Identity Project (PRIIP) with Palau, Kiribati, the Cook Islands and 
Samoa to improve identity management services and better detect, 
 
WELLINGTON 00000038  039 OF 041 
 
 
measure, investigate and prevent the use of identity fraud 
(especially immigration identity fraud and thereby trafficking) 
within the Pacific region; 
 
-- The government is a member of the International Organization for 
Migration (IOM) and consults with the IOM in developing and 
implementing New Zealand's National Plan of Action to prevent 
trafficking in persons; and 
 
-- The government is a member of the Intergovernmental Consultations 
on Migration, Asylum and Refugees (IGC), a forum that meets to 
exchange information, practical approaches, and policy debate on 
issues relevant to the management of migratory flows (to include 
trafficking). 
 
-- D. Does the government have a national plan of action to address 
trafficking in persons?  If the plan was developed during the 
reporting period, which agencies were involved in developing it? 
Were NGOs consulted in the process?  What steps has the government 
taken to implement the action plan? 
 
RESPONSE: 
 
In June 2008, the government released its Plan of Action to address 
trafficking prevention, victim protection, prosecution of 
traffickers, and victim reintegration.  The agencies involved in 
developing the Plan of Action were part of an Inter-agency Working 
Group (IWG) on People Trafficking that included the Department of 
Labour-Immigration, 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 IWG continues to implement, coordinate and 
monitor the Plan of Action. 
 
Upon release of the Plan of Action, the government initiated a 
consultation process wherein it conducted three public 
"consultations" in June and July in New Zealand's three larges 
cities -- Auckland, Wellington, and Christchurch -- to solicit civil 
society and NGO input for additional action.  Approximately 30 NGOs 
actively participated in the process.  The government, through 
regular meetings of the IWG, is continuing to develop, fine tune and 
look for opportunities to expand the Plan of Action. 
 
Thus far under the Plan of Action, the NZ Department of 
Labor-Immigration has undertaken anti-trafficking enhancements that 
include: 
-- Briefing and debriefing all compliance officers on indicators of 
trafficking activity before and after each field operation; 
-- An intelligence collection plan incorporated into each compliance 
operation; and 
-- Monitoring of open sources and classified reporting for 
trafficking intelligence and trends. 
The Department of Labour also has the following initiatives under 
development: 
-- Efforts to raise trafficking awareness for the wider departmental 
staff, including management communications and the delivery of 
presentations by branch managers; 
-- Development of modular style legal and practical lessons for 
staff, to be designed in conjunction with New Zealand Police based 
on an existing Police template that will be modified to meet 
department needs; and 
-- Collaboration with Police to identify various structures and 
agreements that need to be formalized -- e.g., a standardized 
referral process when a victim of suspected trafficking is 
identified. 
 
Other initiatives being considered include a public awareness 
campaign and formalized visa arrangements for identified trafficking 
victims. 
 
 
WELLINGTON 00000038  040 OF 041 
 
 
One goal of the Department is to "mainstream" anti-trafficking 
efforts into existing practices.  This is intended to increase 
awareness of trafficking prevention among Department staff at all 
levels -- particularly offshore visa officers, border security 
officers, compliance officers and labor and health inspectors. 
 
-- E: What 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) 
 
RESPONSE: 
 
With the adoption of the PRA in 2003, the government's purpose was 
to reduce the demand for, and improve the government's ability to 
detect and prevent, underage prostitution and the exploitation of 
foreign nationals who may be trafficked into prostitution.  In 
addition, the government attempted to promote the human rights, 
welfare, and occupational health and safety of sex workers. 
 
The PRA also established the Prostitution Law Review Committee 
(PLRC) to monitor the operation of the PRA and its impact on the sex 
industry.  One of the PLRC's functions is to assess the adequacy of, 
and recommend improvements to, programs to assist persons in 
avoiding or ceasing work in the sex industry. 
 
-- F. Required of all Posts: What measures has the government taken 
during the reporting period to reduce the participation in 
international child sex tourism by nationals of the country? 
 
RESPONSE: 
 
During the reporting period, no new measures were undertaken. 
However, the government remains ready to prosecute its citizens 
under New Zealand law for acts of child sex tourism while abroad. 
 
New Zealand has extraterritorial coverage under section 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 of 1961 to organize or 
promote child sex tours. 
 
The government featured information on New Zealand's 
extraterritorial child sex tourism legislation on the government 
travel advisory website. 
 
In addition, the Police Department of Internal Affairs' Censorship 
Compliance Unit actively investigated cases of child pornography and 
images of child sex abuse on the Internet, and prosecuted 
offenders. 
 
-- G. Required of posts in countries that have contributed over 100 
troops to international peacekeeping efforts: 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?  If posts do not provide an answer to 
this question, the Department may consider including a statement in 
the country assessment to the effect that "An assessment regarding 
Country X's efforts to ensure that its troops deployed abroad for 
international peacekeeping missions do not engage in or facilitate 
trafficking or exploit trafficking victims was unavailable for this 
reporting period." 
 
RESPONSE: 
 
Personnel of the New Zealand Defence Force (NZDF) are obligated to 
comply with the NZDF Code of Conduct.  A Code of Conduct card is 
issued to each member of the NZDF, containing a summary of the Laws 
of Armed Conflict, which incorporates the requirement to: "Treat all 
 
WELLINGTON 00000038  041 OF 041 
 
 
Civilians and persons deprived of their liberty humanely, protect 
them from abuse, and respect their property." 
 
In the event that evidence of such activity would be discovered, the 
government would treat that activity as a crime under New Zealand 
law.  The NZDF Discipline Act of 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 to prepare the service member for operations 
in the specific mission area.  This training includes briefings on 
cultural and legal issues.  It is government policy that if NZDF 
personnel are entering an area known for trafficking, then specific 
in-theatre briefings would occur on deployment. 
 
End Responses 
------------- 
 
¶2.  (U) Embassy POC for trafficking in persons issues is Political 
Officer Gary Rex: telephone 0064-4-462-6043; fax 0064-4-472-3537; 
RexGL@state.gov. 
 
¶3.  (U) Post estimates that Rex spent 50 hours in preparation of 
this TIP report response cable. 
 
KEEGAN