TRAFFICKING IN PERSONS - NEW ZEALAND 2/2007

UNCLAS SECTION 01 OF 20 WELLINGTON 000091



SIPDIS



SIPDIS

SENSITIVE



DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/ANP, EAP/RSP

DEPARTMENT PASS USAID



E.O. 12958: N/A

TAGS: PHUM, PREF, ASEC, SMIG, ELAB, KCRM, KWMN, KFRD, NZ

SUBJ: TRAFFICKING IN PERSONS - NEW ZEALAND 2/2007



REF: 07 STATE 2731



1. (SBU) Following are responses for the Trafficking in Persons

report for New Zealand, keyed to reftel:



Begin Responses

--------------



27. Overview of a country's activities to eliminate

trafficking in persons:



-- A. Is the country a country of origin, transit, and/or

destination for internationally trafficked men, women, or children?

Provide, where possible, numbers or estimates for each group; how

they were trafficked, to where, and for what purpose. Does the

trafficking occur within the country's borders? Does it occur in

territory outside of

the government's control (e.g. in a civil war situation)? Are any

estimates or reliable numbers available as to the extent or

magnitude of the problem? What is (are) the source(s) of available

information on trafficking in persons or what plans are in place (if

any) to undertake documentation of trafficking? How reliable are the

numbers

and these sources? Are certain groups of persons more at risk of

being trafficked (e.g. women and children, boys versus girls,

certain ethnic groups, refugees, etc.)?



There is no evidence that New Zealand (NZ) is a country of origin or

transit in transnational trafficking. There is information that NZ

is a country of destination however, and that some domestic

trafficking exists, though the total number of trafficked victims

(both transnational and domestic) is estimated to be small.



There is no hard evidence (victim interviews, arrests, convictions,

etc.) to support a precise determination of the number of such

victims. However, based on information gleaned from law enforcement

authorities and the Prostitution Law Reform Committee (PLRC),Post

estimates the number of transnational victims entering New Zealand

each year is less than 100, primarily Asian women engaged in the

legal sex industry.



The number of domestic trafficking victims is also small (estimated

to be less than 100),and consists of underage sex workers, and

Asian migrants working in the agricultural sector.



Estimates on TIP information in New Zealand are derived from the

Department of Labour, the New Zealand Customs Service, the Ministry

of Foreign Affairs and Trade, the Ministry of Justice, the New

Zealand Police, the Department of Prime Minister and Cabinet, the

Ministry of Health, the Ministry of Social Development, the Ministry

of Women's Affairs, the media, and from non-governmental

organizations (NGOs) working in the field.



No comprehensive figures and agreed-upon statistics on the extent of

trafficking within NZ exist at the present time, although some

surveys have been done. The Prostitution Law Review Committee

(PLRC),established with the adoption of the Prostitution Reform Act

(PRA) in 2003, is tasked with issuing a five-year report on the

status and effectiveness of the PRA. The PLRC's final report is due

later in 2008. In addition, the government-proposed National Plan

of Action to Prevent Trafficking in Persons (NPA) will, among other

things, expand government monitoring and assessment efforts.



With regard to the persons most at risk for transnational

trafficking, the government and NGOs agree that Asian women have the

greatest risk of being trafficked into New Zealand, primarily for

prostitution. With regard to domestic trafficking, the persons most

at risk are young NZ women (under 18 years) engaged in the

commercial sex industry and low-skilled, illegal migrant men and

women working in the agricultural sector.



In 2007, the New Zealand Prostitutes Collective (NZPC) concluded a

nationwide survey of commercial sex workers and brothels. The

survey was conducted at the request of the PLRC in support of the

Committee's final report. The results of the NZPC survey have not

yet been publicly released, but were shared with Post.



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According to NZPC's polling and interview data, the present number

of underage sex workers in NZ is much smaller than the figure of 200

announced by the PLRC in 2004. NZPC estimated that there were,

within the last year, approximately six to 12 underage sex workers

in Auckland, three in Wellington, and three in Christchurch. There

may be underage prostitutes in other NZ cities, but most

prostitution occurs within the three cities mentioned.



NZPC states that some of those underage sex workers have now left

the business and have been referred to local social service

agencies. NZPC believes its numbers are accurate, as both

prostitutes and brothel managers were forthcoming about underage

participation and work willingly with NZPC and authorities in order

to deter younger participants and avoid undue police scrutiny of

their legal activities. However, the NZPC study, which only

contacted brothel managers and prostitutes working in brothels, may

not fully take into account the number of underage sex workers who

are involved in street prostitution.



ECPAT (Eliminate Child prostitution, Pornography And Trafficking -

an NGO engaged in anti-trafficking efforts relating to children)

says that it has no reliable data concerning the number of underage

prostitutes in NZ. ECPAT agreed, however, that the numbers in

Auckland, Wellington and Christchurch would total less than 100

individuals. Both the NZPC and Stop Demand (an anti-prostitution

NGO) noted that many underage individuals often frequent red light

districts and are assumed to be involved in sex work, but these

NGOs' experience is that only a few of the children are actually

engaged in prostitution.



According to the Mangere East Family Center (MEFC) in Auckland, the

number of underage sex workers in that community is less than 20,

and those youth engage in prostitution on an episodic basis rather

than on a full-time basis. In addition, the MEFC points out that,

based on its experience, detecting underage sex workers is made more

difficult by the popularity of cellular phone texting. Almost all

underage sex workers, according to MEFC, are street workers rather

than being located within a brothel. These sex workers are able to

arrange meetings with clients without making contact in public areas

(at least after the initial contact).



The Iosis Family Center (IFC) in Auckland, which has worked with

underage sex workers for several years, estimated that number of

"hard core" underage prostitutes in Auckland is low, though the

number of young girls who occasionally engage in prostitution is

larger. According to the IFC, girls in the latter group do not

consider themselves to be prostitutes, as they engage in such

activity only on holidays or whenever they desire some extra money.





Some insight can be gained from the results of police operations.

In January 2008, police conducted a sweep for underage persons

working in the red light district of Auckland, following six weeks

of intelligence gathering. The operation resulted in 25 arrests, of

which 16 youths under age 18 were allegedly engaged in offering

commercial sexual services. According to police, some were living

in gang homes where they were controlled by pimps who exchanged sex

for accommodation, food and drugs. Charges in this case remain

pending.



In November 2007, the Department of Labour and police simultaneously

raided nine massage parlors in Auckland, Wellington and Christchurch

looking for foreign nationals and underage persons illegally engaged

in prostitution. Seven of the establishments contained foreign

nationals working unlawfully as prostitutes (from Hong Kong and

China with visitor or student visas). No underage sex workers were

discovered. Interviews of the violators failed to reveal evidence

of trafficking, and those working illegally were immediately

deported. Interviews also indicated that the principal motivation

was financial - i.e., to assist their families or support their

studies in NZ. They controlled their earnings, held their travel

documents and resided independently from the business until their

departure from New Zealand.



In January 2006, a police sweep for underage sex workers in the red



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light district of Christchurch yielded four persons under age 18.

There was no indication that the persons were engaged in

prostitution.



-- B. Please provide a general overview of the trafficking situation

in the country and any changes since the last TIP Report (e.g.

changes in direction). (Other items to address may include: What

kind of conditions are the victims trafficked into? Which

populations are targeted by the traffickers? Who are the

traffickers/exploiters? Are

they independent business people? Small or family-based crime

groups? Large international organized crime syndicates? What

methods are used to approach victims? (Are they offered lucrative

jobs, sold by their families, approached by friends of friends,

etc.?) What methods are

used to move the victims (e.g., are false documents being used?).

Are employment, travel, and tourism agencies or marriage brokers

involved with or fronting for traffickers or crime groups to traffic

individuals?



The trafficking situation in NZ has not changed significantly since

the previous report or over the past several years, with no changes

in the direction or the type of trafficking. Notable in the

reporting period, however, is the increase in law enforcement

activity directed at foreign nationals and underage youth engaged in

prostitution, as well as associated judicial activity. These

efforts reflect growing intra-governmental consultation in

development of the National Plan of Action, which has heightened

awareness of TIP-related issues and prompted a good level of

outreach and contact with NGOs.



In the past, source countries of trafficked individuals have

included Thailand, China, and other Asian countries. NZPC confirms

that at the present time, most illegal immigrants engaging in

prostitution come from Thailand, mainland China, Hong Kong and

Taiwan. However, it notes that it is difficult to determine which

of those illegal immigrants, if any, have been trafficked. In

interviews with illegal sex workers prior to their deportation,

according to NZPC, they appear to have participated in prostitution

voluntarily, without coercion or abuse, and they did not consider

themselves trafficking victims. The primary destination of illegal

immigrants engaged in commercial sex work is usually Auckland, New

Zealand's largest city.



Commercial sexual exploitation of children has been and continues to

be a facet of New Zealand's sex industry, but it appears that is not

as large a problem as once believed. Nevertheless, as mentioned

above, it has been the subject of increased focus among governmental

and non-governmental organizations, and increased enforcement

efforts by the New Zealand Police.



The government does devote considerable resources and effort to

address trafficking in persons. While the government's definition

of "trafficking" does not coincide with that of the USG, the NZ

government does both condemn and use other laws to eliminate the

exploitation of children and adults. However, NGOs complain that

the government is not aggressive enough in its enforcement of laws

governing the commercial sex industry, where much of the potential

trafficking occurs.



Following is a summary of recent or ongoing government actions

intended to combat trafficking:



-- An Interagency Working Group (IWG),chaired by the Department of

Labour - Immigration Services, is leading work to develop a National

Plan of Action to Combat Trafficking in Persons (NPA),aimed at

ensuring New Zealand fully meets its international obligations

related to trafficking in persons. The NPA incorporates processes

to raise awareness of trafficking and to establish and build on

relationships between government and key non-governmental

stakeholders. The IWG will consult with civic society and NGOs on

the NPA in early 2008. It is anticipated that the NPA will be

completed by the end of 2008.

-- The government released an Action Plan for New Zealand Women in

2004. The plan was developed by the Ministry of Women's Affairs in

consultation with public sector agencies, NGOs, and civil society



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groups. Although the Plan does not directly address

anti-trafficking measures, its objectives address social and

economic factors that give rise to trafficking.

-- The government has allocated 7.8 million NZD (6.25 million USD)

over the next five years towards implementing a new Recognized

Seasonal Employer Policy (RSE),to fill labor shortages in the

agriculture industry. Among other things, it aims to encourage

legal and controlled migration to New Zealand from within the

Pacific region, and reduce incentives for illegal migration (i.e.,

people smuggling and trafficking).



-- The government adopted enhancements to the government's

anti-trafficking efforts (discussed in detail below).



-- In 2007, the government implemented a smuggling/trafficking

indicators profile (called Advance Passenger Screening),which is

used to profile to monitor travelers coming to New Zealand who are

potential trafficking victims. Between April 1, 2007 to February

29, 2008 the Department of Labour - Immigration prevented 52

malafide travelers from entering the country by using this system

(38 with false passports and 14 for other reasons). No trafficking

cases have been identified through offshore border profiling to

date.



-- The government continues to play an active role in international

and regional fora (such as the Bali Process on People Smuggling,

Trafficking in Persons and Related Transnational Crime) established

to develop collaborative measures to combat trafficking. In 2007,

the government hosted in Wellington a Bali Process Workshop on

Enabling Electronic Exchange of Lost & Stolen Travel Document

Information.



-- The government contributed to the annual Regional Transnational

Organised Crime Assessment, which was submitted to the Pacific

Island Forum (PIF) through the Pacific Immigration Directors

Conference (PIDC) in 2007. The PIDC, which is comprised of 23

Pacific nations including New Zealand, also submitted its annual

People Smuggling, Human Trafficking and Illegal Migration report to

the PIF.



-- In 2006 the government initiated the Pacific Regional

Immigration Identity Project (PRIIP) in partnership with other

Pacific Island nations to better detect, measure, investigate and

prevent the use of identity fraud (and thereby trafficking) within

the Pacific region.



-- In 2003 the government became a member of the International

Organization for Migration (IOM) and continues to consult with IOM

in developing New Zealand's National Plan of Action to Prevent

Trafficking in Persons.



-- The government is also a member of the Intergovernmental

Consultations on Migration, Asylum and Refugees (IGC),an informal

non-decision making forum that meets to exchange information,

practical approaches, and policy debate on issues relevant to the

management of migratory flows (to include trafficking).



-- In 2005, New Zealand joined Australia and the United States as a

full participant in the APEC Regional Movement Alert System (RMAS)

which facilitates the automated checking of passport details to

assist in detecting valid, lost and stolen passports and to deter

trafficking.



-- C. Which government agencies are involved in anti-trafficking

efforts and which agency, if any, has the lead?



The Department of Labour - Immigration has the lead role in NZ's

anti-trafficking efforts. The Department of Labour - Immigration,

the New Zealand Police, the NZ Customs Service, and the Ministry of

Justice have responsibility for enforcement and prosecution of the

law. Trafficking issues are also covered by other agencies such as

the Ministry of Foreign Affairs and Trade, the Ministry of Women's

Affairs and the Ministry of Social Development. The independent

Human Rights Commission also participates to a limited degree.



-- D. What are the limitations on the government's ability to



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address this problem in practice? For example, is funding for

police or other institutions inadequate? Is overall corruption a

problem? Does the government lack the resources to aid victims?



The government is not constrained by fiscal or other resources in

addressing human trafficking issues. NZ has the advantage of not

sharing a common border with another nation, so entry into the

country is only by air or sea. NZ's remote geographical location

makes it very difficult to traffick from the sea, so resources can

be targeted at the appropriate air entry locations.



The government uses several agencies in its anti-trafficking

efforts, including Police, Immigration, Customs and the Armed

Forces. The Armed Forces monitors international waters and NZ's

Exclusive Economic Zone for vessels bound for NZ; Customs and

Immigration concentrate on the territorial sea and on border entry

points.



Overall corruption was not a problem. New Zealand has a number of

legislative, administrative, and enforcement measures in place to

prevent bribery and corruption. NZ is ranked first with Finland in

the most recent Transparency International Corruption Perception

Index.



The government provides and funds an extensive network of victim

support and social services for victims of crimes, to include

victims of trafficking. That network is sufficient to assist

victims of trafficking if a case of trafficking were to occur.



-- E. To what extent does the government systematically monitor its

anti-trafficking efforts (on all fronts -- prosecution, victim

protection, and prevention) and periodically make available,

publicly or privately and directly or through regional/international

organizations, its assessments of these anti-trafficking efforts?



In 2001, the government released a document titled "Protecting Our

Innocence - New Zealand's National Plan of Action Against the

Commercial Sexual Exploitation of Children." ECPAT and the

government completed a joint review of the plan and an assessment of

the progress made in reaching the objectives of the plan. That

report was published in 2006.



The Prostitution Reform Act (PRA) established the Prostitution Law

Review Committee (PLRC) to review the operation of the PRA and its

impact on the commercial sex industry. The PLRC will publish its

report in mid-2008.



The government is currently in the process of developing the NPA,

which will involve all interested government agencies, NGOs and

civil society groups. One of the facets of the NPA is to review,

refine and enhance the government's present strategies and

framework, including its monitoring and evaluation strategies, to

strengthen its anti-trafficking efforts.



The government's efforts to prevent trafficking are also reported

within the Bali Process, as well as at relevant UN meetings.





28. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:



For questions A-D, posts should highlight in particular whether or

not the country has enacted any new legislation since the last TIP

report.



-- A. Does the country have a law specifically prohibiting

trafficking in persons -- both for sexual and non-sexual purposes

(e.g. forced labor)? If so, please specifically cite the name of

the law and its date of enactment and provide the exact language of

the law prohibiting TIP and all other law(s) used to prosecute TIP

cases. Does the

law(s) cover both internal and external (transnational)

forms of trafficking? If not, under what other laws can

traffickers be prosecuted? For example, are there laws

against slavery or the exploitation of prostitution by

means of force, fraud or coercion? Are these other laws

being used in trafficking cases? Please provide a full



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inventory of trafficking laws, including non-criminal

statutes that allow for civil penalties against alleged

trafficking crimes, (e.g., civil forfeiture laws and laws

against illegal debt).



New Zealand has adopted the definition of trafficking set out in the

Protocol to Prevent, Suppress and Punish Trafficking in Persons,

especially Women and Children. That definition only covers

transnational forms of trafficking. Other than this notable

difference with U.S. law, the New Zealand legislation is

comprehensive and covers all aspects of trafficking, including

reception, concealment or harboring of persons. Measures to punish

domestic trafficking, such as abduction, assault, kidnapping, rape

and engaging underage prostitutes, are covered in other New Zealand

legislation.



The key legislative provisions are found in Part 5 of the

Crimes Act 1961. The relevant provisions are sections 98

(dealing in slaves),98A (participation in organized criminal

group),98B (definitions),98C (smuggling migrants),98D

(trafficking in persons),98E (aggravating factors),and 98F

(Attorney-General's consent required).



Section 98 of the Crimes Act 1961 makes dealing in slavery an

offense. Sections 98A, 98C and 98D are offenses for which a person

may be extradited from a country with which New Zealand has an

extradition treaty.



In 2005, the government added section 98AA to comply with New

Zealand's obligations under the Optional Protocol to the Convention

on the Sale of Children, Child Prostitution and Child Pornography.

It establishes an offense for dealing in people less than 18 years

for sexual exploitation, removal of body parts, or engagement in

forced labor.



Section 16 of the Prostitution Reform Action 2003 prohibits inducing

or compelling persons to provide commercial sexual services or

earnings from prostitution.



In February 2002, New Zealand passed legislation criminalizing human

smuggling and trafficking. The Transnational Organized Crime Bill

was adopted on June 17, 2002 as an amendment to the Crimes,

Extradition, Immigration, Passports and Mutual Assistance in

Criminal Matters Amendment Acts.



In addition, the Crimes Act prohibits sexual conduct with children

both within and outside NZ (section 144A),and criminalizes the

organization or promotion of child sex tours (section 144C).



The government has introduced legislation into the House of

Representatives that would establish a civil forfeiture law. The

Criminal Proceeds (Recovery) Bill is currently before a select

committee and would authorize the government to seize instruments

used in, or the proceeds derived from, all of the crimes listed

above.



-- B. What are the prescribed penalties for trafficking

people for sexual exploitation? What penalties were

imposed for persons convicted of sexual exploitation over

the reporting period? Please note the number of convicted

sex traffickers who received suspended sentences and the

number who received only a fine as punishment.



The penalty for offenses relating to all types of trafficking is

contained in section 98D of the Crimes Act 1961 and imposes a term

of imprisonment not exceeding 20 years, a fine not exceeding USD

400,000 (NZD 500,000) or both.



No penalties have been imposed under this law because there have

been no prosecutions.



-- C. Punishment of Labor Trafficking Offenses: What are

the prescribed and imposed penalties for trafficking for

labor exploitation, such as forced or bonded labor and

involuntary servitude? Do the government's laws provide

for criminal punishment -- i.e. jail time -- for labor



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recruiters in labor source countries who engage in recruitment of

laborers using knowingly fraudulent or deceptive offers that result

in workers being trafficked in

the destination country? Are there laws in destination countries

punishing employers or labor agents in labor

destination countries who confiscate workers' passports or

travel documents, switch contracts without the worker's

consent as a means to keep the worker in a state of

service, or withhold payment of salaries as means of

keeping the worker in a state of service? If law(s)

prescribe criminal punishments for these offenses, what are

the actual punishments imposed on persons convicted of

these offenses? Please note the number of convicted labor

traffickers who received suspended sentences and the number

who received only a fine as punishment.



In 2002, the government added sections 98A-98F into the Crimes Act

in order to implement of the Protocol to Prevent, Suppress and

Punish Trafficking in Persons, Especially Women and Children and the

Convention against Transnational Organised Crime.



Section 98C prohibits the smuggling of unauthorised migrants into

New Zealand or any other country. Section 98D prohibits the

trafficking of persons into New Zealand or any other country.



In 2005, the government added section 98AA to comply with New

Zealand's obligations under the Optional Protocol to the Convention

on the Sale of Children, Child Prostitution and Child Pornography.

It prohibits the use of people less than 18 years in forced labor.

The scope of 98AA is broad and covers not only the selling,

bartering, transferring, hiring or renting of a person under 18

years of age, but also prohibits:



-- engaging or permitting a person under 18 years to be engaged in

forced labour,

-- detaining or confining a person for any of the specified

purposes;

-- receiving, transporting, removing or importing a person for any

of the specified purposes;

-- inducing a person who is under 18 years (or the guardian or

caregiver of such a person) to sell, rent, or give himself or

herself for any of the specified purposes.



Violations of section 98 carries a maximum penalty of 20 years

imprisonment and/or a fine not exceeding USD 400,000 (NZD 500,000),

with the exception of 98AA, which carries a maximum penalty of 14

years imprisonment.



The Immigration Act 1987 (section 39A) prohibits employer

exploitation of illegal migrants within New Zealand and carries a

maximum penalty of seven years imprisonment and/or a fine of USD

80,000 (NZD 100,000).



The government proposed a new immigration bill before Parliament in

August 2007. Among other things, the bill would make it a crime

to:



-- exploit persons not legally entitled to work in New Zealand by

failing to comply with minimum employment standards regarding wages,

holiday pay or wage deductions (reinforces existing law in section

39A of the Immigration Act 1987, above); and



-- prevent a person from obtaining their legal entitlements, or

force a person to leave his/her employment or country through such

means as confiscating passports, tickets or travel documents,

preventing outside communication or keeping him/her confined to the

workplace.



The maximum penalty for such crimes would be seven years

imprisonment and/or a fine of USD 80,000 (NZD 100,000).



As noted in 28-F below, in 2007 the government prosecuted five

persons for crimes relating to labor exploitation, resulting in two

convictions to date (one to 27 months incarceration and the other to

21 months home detention). In 2006, the prosecution of one person

resulted in an 18-month prison sentence; and in 2005, one person was



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sentenced to a four and one-half year prison sentence.



-- D. What are the prescribed penalties for rape or

forcible sexual assault? How do they compare to the

prescribed penalties for crimes of trafficking for

commercial sexual exploitation?



Sexual violation (i.e., rape or sexual contact) of an adult is

punishable by a term of imprisonment not to exceed 20 years and

differs from the penalties for trafficking in the following

respects:



-- Unlike trafficking convictions, it does not carry a potential

monetary fine.



-- The minimum sentence for a sexual violation is 8 years. There

is no minimum sentence for trafficking offenses.



-- A person who has been convicted of sexual violation may be

detained without bail ("preventive detention") if the offender has a

history of sexual offenses or poses a risk to the community. A

person who is convicted of a trafficking offense is not eligible to

be placed in preventive detention.



Sexual violation of a child carries a maximum potential penalty of:



-- Ten years if the child is under 16 years of age; and



-- Fourteen years if the child is under 12 years of age.



-- E. Is prostitution legalized or decriminalized?

Specifically, are the activities of the prostitute

criminalized? Are the activities of the brothel

owner/operator, clients, pimps, and enforcers criminalized?

Are these laws enforced? If prostitution is legal and

regulated, what is the legal minimum age for this activity?

Note that in many countries with federalist systems,

prostitution laws may be under state or local jurisdiction

and may differ among jurisdictions.



Although prostitution in NZ is decriminalized, law enforcement

officers possess a broad range of powers to ensure that the PRA is

complied with. The PRA is designed to ensure that sex workers are

not exploited or subject to adverse employment conditions. The PRA

prohibits persons under 18 years of age and foreign nationals from

working in the commercial sex industry. Other parties involved in

the activities may be prosecuted if they fail to comply with the

law. Prosecutions may follow where there is a lack of consent or the

person is induced or compelled to provide commercial sexual services

or earnings.



The PRA also prohibits a client from engaging a person under the age

of 18. In such cases, the defendant has the burden of proving that

they took adequate steps to ascertain whether the person was over 18

years. It is not an offense for a person under the age of 18 to

provide commercial sexual services; they are instead considered

victims under the PRA.



The PRA provides that no immigration permit may be granted to a

person who has provided or intends to provide commercial sexual

services; has acted or intends to act as an operator of a business

of prostitution; or has invested in or intends investing in a

business of prostitution. It is also a condition of every temporary

immigration permit or limited purpose permit that the holder may not

while in New Zealand provide commercial sexual services, act as an

operator of a New Zealand business of prostitution or invest in a

New Zealand business of prostitution.



The PRA repealed the offenses of brothel keeping and living off the

proceeds of prostitution. However, brothel owners/operators may be

charged with the following offenses under the PRA: using persons

under 18 years of age; providing sexual services where there is a

lack of consent; inducing or compelling a person to provide

commercial sexual services or earnings; or failing to meet

obligations under the Health and Safety in Employment Act 1992

(including but not limited to safe sex practices).



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If a brothel owner/operator uses a person under 18 years of age, he

or she is also subject to penalties under the Crimes Act for sexual

exploitation of a person under 18 years of age.



Various provisions of the Crimes Act might also apply where: there

is violence, or threats of violence or damage to property; or a

person abducts or kidnaps a person with the intent to have sexual

contact.



-- F. Has the government prosecuted any cases against human

trafficking offenders? If so, provide numbers of

investigations, prosecutions, convictions, and sentences

served, including details on plea bargains and fines, if

relevant and available. Please indicate which laws were

used to investigate, prosecute, convict, and sentence

traffickers. Also, if possible, please disaggregate by

type of TIP (labor vs. commercial sexual exploitation) and

victims (children, as defined by U.S. and international law

as under 18 years of age, vs. adults). Does the government

in a labor source country criminally prosecute labor

recruiters who recruit laborers using knowingly fraudulent

or deceptive offers or impose on recruited laborers

inappropriately high or illegal fees or commissions that

create a debt bondage condition for the laborer? Does the

government in a labor destination country criminally

prosecute employers or labor agents who confiscate workers'

passports/travel documents, switch contracts or terms of

employment without the worker's consent, use physical or

sexual abuse or the threat of such abuse to keep workers in

a state of service, or withhold payment of salaries as a

means to keep workers in a state of service? Are the

traffickers serving the time sentenced? If not, why not?

Please indicate whether the government can provide this

information, and if not, why not?



No prosecutions have been brought under the NZ's anti-trafficking

laws to date, as no evidence of trafficking (under New Zealand's

definition) has been found during the course of government

investigations. However, the government has prosecuted and

convicted individuals under the Prostitution Reform Act (PRA) for

using children in prostitution. In addition, the government

conducted compliance visits within brothels to check for underage

sex workers and foreign nationals working as prostitutes (both of

which are prohibited under the PRA).



For the period between June 2006 and December 2007 (the most recent

figures available),the government made 76 compliance visits to

brothels. During those visits authorities found 92 foreign

nationals working illegally in the sex industry. Of those, the

government revoked 47 entry permits (the holders then departed NZ or

were deported) and 33 persons without entry permits either departed

NZ or were deported. The 12 remaining holders of entry permits

(some of them students) were allowed to remain in New Zealand on

humanitarian grounds or given a second chance.



Since the PRA came into force in June 2003 until January 2008, 97

charges have been filed under the various PRA provisions relating to

the illegal operation of brothels. Ninety-four of those charges

related to the illegal use of persons under 18 years of age in

prostitution.



Prosecutions of brothel owners/operators since adoption of the PRA

in 2003 have risen over the years. In 2004 (the first full year

under the PRA),there were 36 prosecutions. This reflected the

initial Police effort to enforce compliance under the new

legislation. Prosecutions then tapered to nine in 2005, but have

increased every subsequent year to 13 in 2006, and 31 in 2007.

There were three prosecutions in January 2008.



Twenty-five of the 97 charges resulted in convictions; 41 cases are

still active. The remaining 56 charges were either withdrawn, the

accused was acquitted or the charges were otherwise not proven. Of

the 25 convictions, five were placed in custody, 12 were sentenced

to community work, two were placed under supervision, three were

given monetary fines, and three were discharged.



WELLINGTON 00000091 010 OF 020







In January 2008, the Department of Labour charged 16 Auckland youths

with working in the commercial sex business, following a coordinated

sweep by the Department of Labour and the NZ Police. Under the PRA,

these youths were not prosecuted as criminals, but rather treated as

victims.



There have been recent developments in two longstanding prosecutions

involving the use of underage prostitutes in Christchurch. On

February 11, 2008 a defendant accused of "using persons under 18

years of age" (a 14-year-old girl and a 16-year-old girl) to provide

sexual services in his brothel in 2005 was sentenced to one year

home detention. On the same day, another defendant was found guilty

of facilitating and assisting in the hiring of an underage

prostitute, with sentencing scheduled for March 17.



With respect to investigating underage prostitution, Police may

legally ask any person for identity and age, but there is no

requirement that persons carry proof of identity or age in New

Zealand. Police always have the option to take an unaccompanied

child into custody for questioning if Police determine that it is

necessary for the physical or mental health of the child or if the

child is impaired. In addition, since many child prostitutes do not

see themselves as victims and do not cooperate with Police, Police

may find it difficult to indict violators. Despite these

difficulties, Police do not consider them to be undue impediments to

their ability to identify underage sex workers. In fact, according

to Police, the PRA has allowed them to have greater contact with

local prostitutes and more likely to hear about underage sex workers

or anyone who is being coerced into prostitution.



The Police are able to enter a brothel and make a compliance

investigation after obtaining a warrant to do so - the same rule

that governs Police entry into any business. The PRA has not

limited Police ability to investigate possible illegal activities

associated with brothels when Police have found it necessary to do

so. In addition, if a violation of immigration law is suspected, a

police officer (who is also an immigration officer under the PRA)

can enter a brothel without a warrant.



Even though there have been no prosecutions relating to labor

exploitation under New Zealand's transnational anti-trafficking

laws, the government employs an extensive statutory regime to

protect workers from exploitation and from working in unsafe or

unhealthy work environments, which applies to all workers employed

in New Zealand, whether or not they are legally entitled to be in

New Zealand.



The overall framework for employment relations is contained in the

Employment Relations Act 2000, which sets provisions for bargaining,

freedom of association, bargaining, personal grievance rights and

procedures for employment problem resolution. The Health and Safety

in Employment Act 1992 establishes the framework for occupational

safety and health in workplaces.



In 2007, the Department of Labour prosecuted five persons for

helping or enticing illegal workers to stay in NZ for material gain

(in violation of the Immigration Act). The workers in this case

jumped ship from Korean fishing vessels (where they were allegedly

exploited and mistreated) while in NZ and were employed by the

defendants to perform agricultural work and again exploited. The

victims were charged substantial "fees," wages were often withheld

or paid minus substantial "expenses," and working conditions were

sometimes deplorable. Thus far, two of the defendants have been

convicted and sentenced: a Vietnamese national, who helped the

workers jump ship and then facilitated their work within New

Zealand, was sentenced to 27 months incarceration; another

Vietnamese national who was involved in exploiting the workers after

their arrival was sentenced to 21 months home detention.



In 2006, the Department of Labour prosecuted an Indonesian national

for helping or enticing illegal workers to stay in NZ for material

gain (another "ship-jumping" case). He was jailed for 18 months.



In 2005, the Department of Labor prosecuted an Indonesian national

for arranging workers to come into New Zealand from Indonesia with



WELLINGTON 00000091 011 OF 020





false passports. He is currently serving a four and one-half year

prison sentence.



-- G. Does the government provide any specialized training

for government officials in how to recognize, investigate,

and prosecute instances of trafficking? Specify whether

NGOs, international organizations, and/or the USG provide

specialized training for host government officials.



Within the reporting period, the government initiated training for

Immigration Compliance officers on identifying indicators of

trafficking and trafficking victim interviewing techniques. The

government has not yet determined whether to continue that training

in the future.



A part of the NPA will assess the training that enforcement agencies

currently provide and will explore options for coordinating training

programs between agencies.



The New Zealand Customs Service has a formal Memorandum of

Understanding with the New Zealand Police that covers information

sharing, joint operations and joint training opportunities. The

Department of Labour - Immigration New Zealand has a similar

arrangement with the New Zealand Police.



--H. Does the government cooperate with other governments

in the investigation and prosecution of trafficking cases?

If possible, can post provide the number of cooperative

international investigations on trafficking during the

reporting period?



The Mutual Assistance in Criminal Matters Act 1992 sets out a

process that allows New Zealand to co-operate with other governments

in the investigation and prosecution of criminal activities,

including trafficking, without the need for bilateral mutual legal

assistance treaties. The Act sets out the extent to which New

Zealand is able to request or provide assistance. The New Zealand

government is able to provide assistance in a number of areas

including the gathering of evidence, identifying and locating

persons, and executing warrants. The New Zealand Police also

provide informal assistance to counterparts around the world through

Interpol channels.



New Zealand has not made or received any requests relating to

trafficking under this act to date.



-- I. Does the government extradite persons who are charged

with trafficking in other countries? If so, can post

provide the number of traffickers extradited during the

reporting period? Does the government extradite its own

nationals charged with such offenses? If not, is the

government prohibited by law form extraditing its own

nationals? If so, what is the government doing to modify

its laws to permit the extradition of its own nationals?



Trafficking is an extraditable offence under New Zealand's

Extradition Act 1999 which allows New Zealand to extradite

offenders. New Zealand has never received a request to extradite or

otherwise surrender a person charged with a trafficking offense.



New Zealand's Extradition Act 1999 reserves the government's right

to refuse extradition of a New Zealand national. Despite this, the

government has not, as a matter of general practice, refused to

extradite New Zealand nationals.



-- J. Is there evidence of government involvement in or

tolerance of trafficking, on a local or institutional

level? If so, please explain in detail.



There is no evidence of government involvement in or

tolerance of trafficking.



-- K. If government officials are involved in trafficking,

what steps has the government taken to end such

participation? Please indicate the number of government

officials investigated and prosecuted for involvement in



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trafficking or trafficking-related corruption during the

reporting period. Have any been convicted? What

sentence(s) was imposed? Please specify if officials

received suspended sentences, were given a fine, fired, or

reassigned to another position within the government as

punishment. Please provide specific numbers, if available.

Please indicate the number of convicted officials that

received suspended sentences or received only a fine as

punishment.



N/A



-- L. As part of the new requirements of the 2005 TVPRA,

for countries that contribute troops to international

peacekeeping efforts, please indicate whether the

government vigorously investigated, prosecuted, convicted

and sentenced nationals of the country deployed abroad as

part of a peacekeeping or other similar mission who engage

in or facilitate severe forms of trafficking or who exploit

victims of such trafficking.



There is no evidence that New Zealanders engaged in peacekeeping or

similar missions have been involved in trafficking or related

activities.



-- M. If the country has an identified child sex tourism

problem (as source or destination),how many foreign

pedophiles has the government prosecuted or

deported/extradited to their country of origin? What are

the countries of origin for sex tourists? Do the country's

child sexual abuse laws have extraterritorial coverage

(similar to the U.S. PROTECT Act)? If so, how many of the

country's nationals have been prosecuted and/or convicted

under the extraterritorial provision(s) for traveling to

other countries to engage in child sex tourism?



New Zealand has extraterritorial coverage under 144A of the Crimes

Act of 1961 with respect to child sexual abuse laws and New Zealand

has cooperated in the prosecution of New Zealand citizens who have

engaged in child sex tourism overseas. It is also an offense under

section 144C of the Crimes Act 1961 to organize or promote child sex

tours.



According to a 2007 study by John Hopkins University on

international child sex tourism, there have been three NZ citizens

convicted of sex tourism in those countries considered to be

"primary countries of destination:" Two in Thailand (2005); and one

in Cambodia (2004).



Since 2002, there have been two persons charged within New Zealand

for the crime of sexual conduct with a child that occurred outside

New Zealand. One person was convicted (in 2007) and sentenced to a

term of 820 days imprisonment. The charge against the other person

was withdrawn.



Both ECPAT and Stop Demand (an anti-prostitution NGO) have expressed

concern that the government has not directed additional resources

toward enforcement of sex tourism laws. ECPAT pointed out that NZ

has only one officer assigned in Bangkok to cover the entire Asia,

Southeast Asia and Pacific Island region with respect to trafficking

and sex tourism. At the same time, ECPAT acknowledged that NZ,

being a relatively small country with a relatively small problem,

has difficulty justifying additional resources for that purpose.



ECPAT previously noted that countries with similar extra-territorial

legislation on child sex tourism (Canada, Australia and the United

Kingdom) featured information on their extraterritorial legislation

on their government travel advisory websites. New Zealand has,

within the reporting period and at the urging of ECPAT, added such

information to its travel webpage as well.



29. PROTECTION AND ASSISTANCE TO VICTIMS:



-- A. Does the government assist foreign trafficking

victims, for example, by providing temporary to permanent

residency status, or other relief from deportation? If so,



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please explain.



The Victims' Rights Act 2002 makes a number of victims' rights

accessible to foreign trafficking victims. Such rights include the

right to be informed of services (such as physical and mental health

services, legal services, social welfare, and counseling) and access

to remedies.



Temporary entry permits, including limited purpose entry permits (to

testify in court, for example),can also be provided to victims of

trafficking in individual cases.



-- B. Does the country have victim care facilities which

are accessible to trafficking victims? Do foreign victims

have the same access to care as domestic trafficking

victims? Does the country have specialized facilities

dedicated to helping victims of trafficking? If so, can

post provide the number of victims placed in these care

facilities during the reporting period? What is the

funding source of these facilities? Please estimate the

amount the government spent (in U.S. dollar equivalent) on

these specialized facilities dedicated to helping

trafficking victims during the reporting period. Does the

government provide trafficking victims with access to

legal, medical and psychological services? If so, please

specify the kind of assistance provided, and the number of

victims assisted, if available.



The New Zealand Council of Victim Support Groups provides 24-hour

emotional support, personal advocacy and information to all people

affected by crime and trauma throughout New Zealand. Victims with

special needs, such as emotional support or counseling are be

referred by relevant authorities to the specialist provider of care

services.



The New Zealand government is unaware of any situation where a

person accessing these services or facilities has claimed to be a

victim of trafficking. However, the government has put in place

measures to ensure that there are services available for young

persons who are involved in or at risk of all forms of commercial

sexual exploitation.



-- C. Does the government provide funding or other forms of

support to foreign or domestic NGOs and/or international

organizations for services to trafficking victims? Please

explain and provide any funding amounts in U.S. dollar

equivalent. If assistance provided is in-kind, please

specify exact assistance. Please explain if funding for

assistance comes from a federal budget or from regional or

local governments.



NZAID is the government agency responsible for managing New

Zealand's official development assistance. In line with its human

rights policy, NZAID supports activities to combat human trafficking

through its contributions to the following entities (all funds from

the NZ federal budget):

-- USD 160,000 (NZD 200,000) to the Asia Pacific Forum of National

Human Rights Institutions in 2007/08.

-- USD 320,000 (NZD 400,000) to the UN Inter-Agency Project on Human

Trafficking in the Greater Mekong Sub-region (participating

countries are: Cambodia, China, Lao, Myanmar, Thailand, and

Vietnam).



The government also contributed or dedicated USD 10.9 million (NZD

13.6 million) for the period 2007 to 2009 to organizations which, as

a part of their mandate, work to detect or prevent trafficking or

provide assistance to trafficking victims. Those organizations

include UNICEF, UNFPA, OHCHR AND UNIFEM.



The government also supported a wide range of human rights NGOs,

including the NZPC, which provided services to commercial sex

workers, some of whom may have been trafficked.



-- D. Do the government's law enforcement, immigration, and

social services personnel have a formal system of

proactively identifying victims of trafficking among high-



WELLINGTON 00000091 014 OF 020





risk persons with whom they come in contact (e.g., foreign

persons arrested for prostitution or immigration

violations)? What is the number of victims identified

during the reporting period? Has the government developed

and implemented a referral process to transfer victims

detained, arrested or placed in protective custody by law

enforcement authorities to institutions that provide short-

or long-term care? How many victims were referred for

assistance by law enforcement authorities during the

reporting period?



Immigration officers have received training on anti-trafficking

legislation and its implementation, including the necessity of

providing victims with information on social services. There are

processes in place for conducting humanitarian interviews with

potential victims and coordinating with the New Zealand Police and

other social services agencies.



No victims were identified during the reporting period.



E. For countries with legalized prostitution: does the

government have a mechanism for screening for trafficking

victims among persons involved in the legal/regulated

commercial sex trade?



New Zealand has decriminalized prostitution. Nevertheless, law

enforcement personnel, including immigration officers, regularly

inspect brothels to ensure that persons working in the industry are

not foreign nationals in New Zealand on temporary permits. In the

course of carrying out these inspections, officers also screen for

victims of trafficking, to include underage sex workers.



-- F. Are the rights of victims respected? Are trafficking

victims detained or jailed? If detained or jailed, for

how long? Are victims fined? Are victims prosecuted for

violations of other laws, such as those governing

immigration or prostitution?



The government is conscientious about protecting victims' rights,

including potential trafficking victims. In any trafficking case,

the government tries to obtain the victims' collaboration, ensure

their accommodation needs are met, and issue temporary permits where

appropriate to enable them to remain lawfully in New Zealand and to

serve as legal witnesses if needed.



The Victims' Rights Act 2002 provides specific statutory recognition

to the role of victims in the criminal justice system. The Act

provides that government officials in the criminal justice system

should treat victims with courtesy, compassion, and respect for

their personal dignity and privacy; should offer access to

counseling and social services; and should inform victims and their

families of the progress of the criminal proceedings that he or she

is involved in, the charges laid, the victim's role as a prosecution

witness, the date and place of certain events surrounding hearings,

and the final disposition of proceedings. Any information that

should be given to the victim can be given to a support person when

the victim cannot receive it or is not capable alone of

understanding it.

When the government finds underage young persons engaged in the

commercial sex business, it considers them victims rather than

criminals. The government has put in place measures to ensure that

there are support services available for young persons who are

involved in, or at risk of, commercial sexual exploitation.

-- G. Does the government encourage victims to assist in

the investigation and prosecution of trafficking? How many

victims assisted in the investigation and prosecution of

traffickers during the reporting period? May victims file

civil suits or seek legal action against traffickers? Does

anyone impede victim access to such legal redress? If a

victim is a material witness in a court case against a

former employer, is the victim permitted to obtain other

employment or to leave the country pending trial

proceedings? Are there means by which a victim may obtain

restitution?



The government's victim response mechanisms have not yet been tested



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by a case of trafficking. As previously noted, the Victims Rights

Act provides specific statutory recognition of the rights of

victims. In the development of the National Plan of Action and

through consultations with NGOs, the government is developing

strategies to ensure that the specific interests and needs of

trafficking victims are taken into account.



If the government becomes aware of an instance of

trafficking, its policy is to take steps to solicit the cooperation

of the victim so long as this does not jeopardize the success of the

investigation. Although the government would have an interest in

persuading the victim to remain, the government would not seek to

prevent a victim of trafficking from leaving the country if the

person desires to leave of her/his own volition.



Where a person has been convicted of an offense, he or she

may be ordered to make reparation to the victim. The court must

consider reparation in all cases and must impose it unless satisfied

that it would result in undue hardship for the offender or the

dependents of the offender, or because of any other special

circumstances.



For example, in 2000 the Human Rights Commission successfully

represented a Thai sex trafficking victim to the New Zealand

Disputes Tribunal, and the victim recovered the NZD 6000 she paid

traffickers for what she believed would be restaurant work.



-- H. What kind of protection is the government able to

provide for victims and witnesses? Does it provide these

protections in practice? What type of shelter or services

does the government provide? Are these services provided

directly by the government or are they provided by NGOs or

IOs funded by host government grants? Does the government

provide shelter or housing benefits to victims or other

resources to aid the victims in rebuilding their lives?

Where are child victims placed (e.g., in shelters, foster

care, or juvenile justice detention centers)? What is the

number of victims assisted by government-funded assistance

programs during the reporting period? What is the number

of victims assisted by non government-funded assistance

programs? What is the number of victims that received

shelter services during the reporting period?



As stated previously, the government's victim response mechanisms

have not yet been tested by a case of trafficking. However,

existing social welfare system and victim assistance programs

suggest that trafficking victims would be sheltered and protected as

witnesses.



-- I. Does the government provide any specialized training

for government officials in identifying trafficking victims

and in the provision of assistance to trafficked victims,

including the special needs of trafficked children? Does

the government provide training on protections and

assistance to its embassies and consulates in foreign

countries that are destination or transit countries? Does

it urge those embassies and consulates to develop ongoing

relationships with NGOs and IOs that serve trafficked

victims? What is the number of trafficking victims

assisted by the host country's embassies or consulates

abroad during the reporting period? Please explain the

level of assistance. For example, did the host government

provide travel documents for the victim to repatriate, did

the host government contact NGOs in either the source or

destination countries to ensure the victim received

adequate assistance, did the host government pay for the

transportation home for a victim's repatriation, etc.



Immigration officers have received training on anti-trafficking

legislation and its implementation, including the necessity of

providing victims with assistance and information on social

services.



Representatives of the Department of Labour and the Human

Rights Commission have participated in and conducted numerous

training workshops in recognizing victims and perpetrators of



WELLINGTON 00000091 016 OF 020





trafficking. The government is an active participant in

international fora concerning human trafficking, including the Bali

Process and the Asia Pacific Forum of National Human Rights

Institutions.



The Department of Labour's Immigration Service has conducted border

control training workshops and document examination training for the

immigration and border control staff of countries in the Asia

Pacific region. The Immigration Service has also provided passenger

screening training to staff of airlines serving New Zealand and the

Pacific.



Senior detectives from New Zealand Police received specialized

training at the Australian Federal Police Trans-National Sexual

Exploitation Investigation Program in May 2007. This three-week

investigator's training course covered human trafficking (sexual

servitude and child sex tourism) from legislation, investigation,

prosecution, NGO, and victim support perspectives. New Zealand

Police are examining how aspects of this training course can be

incorporated into future training for their investigators.



Government diplomats assigned to places where trafficking is likely

to occur or where NZ works closely with other governments on

trafficking (Bali Process countries, those working at the UN, or

other relevant organizations such as IOM) receive a briefing on

trafficking issues before departing for their assignment.



-- J. Does the government provide assistance, such as

medical aid, shelter, or financial help, to its nationals

who are repatriated as victims of trafficking?



To date, the government has not had to provide assistance to

repatriated nationals who have been victims of trafficking, as there

have been no known trafficking victims who were New Zealand

citizens. If there were a need, the government possesses the means

and is prepared to assist such victims.



-- K. Which international organizations or NGOs, if any,

work with trafficking victims? What type of services do

they provide? What sort of cooperation do they receive

from local authorities? How much funding (in U.S. Dollar

Equivalent) did NGOs and international organizations

receive from the host government for victim assistance

during the reporting period? Please disaggregate funding

for prevention and public awareness efforts from victim

assistance funding. NOTE: If post reports that a

government is incapable of providing direct assistance to

TIP victims, please assess whether the government ensures

that TIP victims receive access to adequate care from other

entities. Funding, personnel, and training constraints

should be noted, if applicable. Conversely, the lack of

political will in a situation where a country has adequate

financial and other resources to address the problem should

be noted as well.



The government works closely with ECPAT, the New Zealand Prostitutes

Collective (NZPC),and the Salvation Army. The government is also a

member of the International Organization for Migration (IOM),which

deals with matters relating to trafficking, including counter

trafficking. New Zealand works with IOM on resettlement movements

and consular services (verification of documentation).



There has been no government funding to NGOs specifically for

trafficking victims as, according to the government, there have been

no trafficking victims to date. However, an existing framework of

government and NGO-provided services is available for trafficking

victims, to include transnational trafficking victims, underage sex

workers, and exploited illegal migrant farm workers.



30. PREVENTION:



-- A. Does the government acknowledge that trafficking is a

problem in the country? If not, why not?



The government acknowledges that transnational trafficking is a

potential problem, and it is vigilant to detect and address any



WELLINGTON 00000091 017 OF 020





trafficking that may occur. As stated above, the government's

definition of trafficking does not take into account various forms

of domestic exploitation which, it admits, is a limited problem.

Nevertheless, the government actively attempts to prevent such

exploitation under other laws (those dealing with the abuse and

exploitation of children and of workers).



-- B. Are there, or have there been, government-run anti-

trafficking information or education campaigns conducted

during the reporting period? If so, briefly describe the

campaign(s),including their objectives and effectiveness.

Please provide the number of people reached by such

awareness efforts if available. Do these campaigns target

potential trafficking victims and/or the demand for

trafficking (e.g. "clients" of prostitutes or beneficiaries

of forced labor)?



There have been no government-run anti-trafficking information and

education campaigns targeting transnational trafficking, underage

prostitution or exploitation of migrant workers during the reporting

period. However, the government plans to raise awareness of

trafficking issues as part of the strategy for launching the

National Plan of Action, later in 2008.



The government (through the Ministry of Social Development)

currently funds one information and support project for transgender

youth who desire to exit the commercial sex industry. This project,

operated by the Mangere East Family Center (MEFC) in Auckland,

targets only transgender youth because, according to the MEFC, there

are other information resources available for "straight" underage

sex workers through the public school system (where they are more

likely to be found, compared to transgender youth).



-- C. What is the relationship between government

officials, NGOs, other relevant organizations and other

elements of civil society on the trafficking issue?



Government officials from a wide range of agencies work closely with

NGOs and civil society groups on this issue and have done so for

several years. There have been a number of joint initiatives, such

as the 2001 National Plan of Action Against the Commercial Sexual

Exploitation of Children, joint working groups to respond to

concerns about the potential for women and girls being trafficked

into New Zealand and held in debt bondage, and the 2005 National

Plan of Action to Combat Trafficking (NPA). The government plans to

invite NGOs and civil society groups to attend consultation meetings

as the government develops the NPA.



NGOs such as ECPAT and Stop Demand desire more government resources

and effort in the fight to prevent and detect trafficking

(particularly underage sex workers),even though these NGOs agree

that the estimated number of trafficking victims is small.



-- D. Does the government monitor immigration and

emigration patterns for evidence of trafficking? Do law

enforcement agencies screen for potential trafficking

victims along borders?



The government regularly monitors immigration and emigration

patterns and conducts onshore and off-shore passenger screening as

an integral element of detecting and preventing trafficking. The

Government has in place an Advance Passenger Processing (APP) system

that requires airlines to identify passengers who may be seeking to

enter New Zealand illegally before they embark on an aircraft.



In countries that are considered to be a high-risk source of

trafficked victims and where a visa is required to travel to New

Zealand (Taiwan, Thailand and mainland China),the New Zealand

immigration officials focus special attention on the detection of

trafficking during the visa approval process. Immigration officials

also coordinate closely with Australian immigration officials, who

have the same concerns in their country.



In countries that are considered to be a high-risk source of

trafficked victims but where a visa is not required to travel to New

Zealand (such as Hong Kong and Malaysia),immigration officials



WELLINGTON 00000091 018 OF 020





rely on APP to help target likely trafficking victims for special

scrutiny.



New Zealand also participates in the APEC Regional Movement Alert

System (RMAS) which allows for the automated checking of passport

details (of those countries participating in RMAS) and assists in

detecting invalid, lost and stolen passports.



-- E. Is there a mechanism for coordination and

communication between various agencies, internal,

international, and multilateral on trafficking-related

matters, such as a multi-agency working group or a task

force? Does the government have a trafficking in persons

working group or single point of contact? Does the

government have a public corruption task force?



The Department of Labour - Immigration leads the government's

Inter-agency Working Group (IWG) on trafficking-related issues. The

IWG is comprised of the Police, the Customs Service, the Ministry of

Foreign Affairs and Trade, the Ministry of Justice, the Ministry of

Social Development, the Ministry of Health, and the Ministry of

Women's Affairs.



The Customs Service has a formal Memorandum of Understanding (MOU)

with the Police that covers information sharing, joint operations

and joint training opportunities, which includes trafficking-related

issues. The Department of Labour - Immigration has a similar

arrangement with the Police.



The government has a number of legislative, administrative, and

enforcement measures in place to prevent bribery and corruption.

While no single agency is charged with the task of dealing with

corruption, there are a number of agencies that fulfill specific

tasks. The core government Ministries and agencies include: Police,

Financial Intelligence Unit; Serious Fraud Office; Office of the

Ombudsmen; Inland Revenue; the Office of the Controller and

Auditor-General, Department of Internal Affairs and State Services

Commission. There are other agencies as well, such as the Ministry

of Justice, which leads policy initiatives against corruption and

bribery.



New Zealand is perceived to be one of the world's two least corrupt

countries (along with Finland) according to the annual survey by

Transparency International. The index defines corruption as the

abuse of public office for private gain and measures the degree to

which corruption is perceived to exist among a country's public

officials and politicians.



-- F. Does the government have a national plan of action to

address trafficking in persons? If so, which agencies were

involved in developing it? Were NGOs consulted in the

process? What steps has the government taken to

disseminate the action plan?



The government is developing a comprehensive NPA which will

supplement already existing national plans of action as previously

mentioned. The government agencies involved are the Department of

Labour, the Police, the Customs Service, the Department of the Prime

Minister and Cabinet, the Ministry of Women's Affair, the Ministry

of Justice, the Ministry of Foreign Affairs & Trade, the Ministry of

Health, and the Ministry of Social Development.



NGOs are participating in and contributing to the development of the

NPA, where the government is aiming to create an effective

partnership between government agencies and NGOs to assist any

future identified victims of trafficking.



In order to maximize the effectiveness and impact of the NPA, the

government plans a comprehensive promotion and publicity strategy

that will circulate the NPA widely and make it publicly available.

Access to the document will also be possible through Government

web-sites. The government will also publicize the NPA through

ministerial press conferences and media releases.



-- G: For all posts: As part of the new criteria added to

the TVPA's minimum standards by the 2005 TVPRA, what



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measures has the government taken during the reporting

period to reduce the demand for commercial sex acts? (see

ref B, para. 9(3) for examples



With the decriminalization of prostitution in 2003, the government

has taken action to reduce the demand for illegal sex acts - i.e.,

with underage sex workers and foreign nationals who have entered the

country illegally.



The government's goal in decriminalizing prostitution was to promote

the human rights, welfare and occupational health and safety of sex

workers, rather than to reduce the demand for commercial sexual

services. The PRA established the Prostitution Law Review Committee

(PLRC),whose function is to review the operation of the PRA and its

impact on the sex industry. The Committee is also tasked with

assessing the nature and adequacy of the means available to assist

persons to avoid or cease work in the sex industry. The Committee

will present its final report to the Minister of Justice in

mid-2008.



-- H. Required of Posts in EU countries and posts in

Canada, Australia, New Zealand, Japan, China, Singapore,

South Korea, Taiwan, and Hong Kong: As part of the new

criteria added to the TVPA's minimum standards by the 2005

TVPRA, what measures has the government taken during the

reporting period to reduce the participation in

international child sex tourism by nationals of the

country?



As noted previously in 28-M above, the government has

extraterritorial coverage under section 144A of the Crimes Act 1961

(relating to child sexual abuse).



It is also an offence under section 144C of the Crimes Act 1961 to

organize or promote child sex tours. There have been no

prosecutions brought under this section in the period 2002 to 2008.



Countries with similar extra-territorial legislation on child sex

tourism (Canada, Australia and the United Kingdom) featured

information on their extraterritorial legislation on their

government travel advisory websites. New Zealand has, within the

reporting period and at the urging of ECPAT, added such information

to its travel webpage as well.



-- I. Required of posts in countries that have contributed

over 100 troops to international peacekeeping efforts

(Argentina, Australia, Austria, Bangladesh, Belgium, Benin,

Bolivia, Brazil, Burkina Faso, Cambodia, Cameroon, Canada,

Chile, China, Denmark, Egypt, Ethiopia, Fiji, Finland,

France, Gambia, Germany, Ghana, Greece, Guatemala, Hungary,

India, Indonesia, Ireland, Italy, Jordan, Kenya, Malawi,

Malaysia, Mali, Mongolia, Morocco, Namibia, Nepal, the

Netherlands, Niger, Nigeria, Pakistan, Peru, Philippines,

Poland, Portugal, Qatar, Romania, Russia, Rwanda, Senegal,

Slovakia, South Africa, Spain, Sri Lanka, Sweden, Tanzania,

Togo, Tunisia, Turkey, Ukraine, United Kingdom, Uruguay,

Zambia, and Zimbabwe): What measures has the government

adopted to ensure that its nationals who are deployed

abroad as part of a peacekeeping or other similar mission

do not engage in or facilitate severe forms of trafficking

or exploit victims of such trafficking?



While not specifically mentioned above, New Zealand does have more

than 100 peacekeeping troops serving in Timor-Leste and Afghanistan.



Personnel of the New Zealand Defence Force (NZDF) are obligated to

comply with the NZDF Code of Conduct. Included in the Code of

Conduct card, that is issued to each member of the NZDF, is an

extract of the Laws of Armed Conflict which incorporates the

requirement to: "Treat all Civilians and persons deprived of their

liberty humanely, protect them from abuse, and respect their

property"

The government has no evidence to suggest that NZDF personnel

engaged in Timor-Leste, Afghanistan or similar missions have been

involved in trafficking or related activities. In the event that

evidence of such activity would be discovered, the government would



WELLINGTON 00000091 020 OF 020





regard that activity as a crime under New Zealand law. The NZDF

Discipline Act 1971 makes all offences under NZ Law applicable to

members of the NZDF, wherever they may be assigned.

Prior to deployment into mission areas all NZDF personnel undergo

pre-deployment training (PDT). PDT prepares the service member for

operations in the specific mission area, and includes briefings on

cultural and legal issues. Specific in-theatre briefings also occur

on deployment.

End Responses

--------------



2. (U) Embassy POC for trafficking in persons issues is Political

Officer Gary Rex, telephone (644)462-6043, fax (644)472-3537.



3. (U) Post estimates that Rex spent 80 hours in preparation of the

TIP report response cable.



MCCORMIC