ECPAT NZ’s Submission on the Crimes (Increased Penalties for Slavery Offences) Amendment Bill

Find below ECPAT NZ’s submission to the Crimes (Increased Penalties for Slavery Offences) Amendment Bill public consultation. Before submission, our draft was shared with individuals who have lived experience of child sexual exploitation and trafficking for feedback.

Introduction 

ECPAT New Zealand (Child Alert) is a non-government organisation engaged in research and advocacy to combat exploitation and human trafficking in Aotearoa New Zealand. 

With an all-encompassing dedication to child well-being and safety, we strive to advocate for the best care and protection of all children. We work hard to uphold the rights of children in a world where dominant systems far-too-often disempower their voice, allowing them to go unheard. 

As consistently recommended by the Trafficking in Persons (TIP) Reports, we have been calling for a basic amendment to New Zealand law to align with international standards of preventing and punishing trafficking crimes. We believe this amendment is critical for the adequate identification and protection of child trafficking victims in Aotearoa New Zealand. 

Amendment of the Crimes Act 1961 to Ensure Adequate Identification and Protection of Child Trafficking Victims 

In 2020, New Zealand was demoted to a Tier Two country in the TIP Report, no longer meeting the TVPA’s minimum standard to stay in Tier One, highlighting a need to take significant steps to strengthen our approach to address trafficking and exploitation effectively.  

Each TIP Report from 2016 onward has outlined specific recommendations for New Zealand, particularly amendments to the Crimes Act to ensure compliance with international standards. 

Sections 98D and 98AA of the Crimes Act criminalise child trafficking but require evidence of coercion or deception, which is inconsistent with international definitions such as those in the Palermo Protocol (to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) that New Zealand ratified in 2002, and thereby committed to implementing.  

A key recommendation is to amend the trafficking provisions in the Crimes Act to explicitly define child trafficking as not requiring evidence of use of deception or coercion, as the requirement for evidence of the use of deception or coercion implies that a child can consent to sexual abuse in the absence of these elements. The suggestion of this written into New Zealand law is not only inconsistent with the commitment to Palermo Protocols but is a gross failure to effectively protect and empower the voices of children and young people.   

The knock-on effect of this failure to protect children in a court of law, is that child trafficking cases are being prosecuted under alternative legislation, often the Prostitution Reform Act, which carries lower penalties of up to seven years imprisonment, compared to the 14 years prescribed under the Crimes Act. This is vastly inconsistent with New Zealand’s declared commitment to a zero tolerance stance on human/child-trafficking crimes. 

Many people like us, who dedicate themselves to safeguarding and advocating for children every day have used their voice to amplify the countless children whose voices remain unheard. In March 2022, ECPAT New Zealand submitted an open letter signed by 15 organisations urging the Government to amend the Crimes Act. However, despite acknowledgment by the Ministry of Justice, no substantive progress has been made. 

Member’s bills addressing this issue have been introduced but remain stagnant, further delaying necessary reforms. 

Recommendations to the New Zealand Government 

1. ECPAT New Zealand urges the following amendments to ensure appropriate identification of child trafficking, accurate prosecution, and alignment with international standards: 
2. Amend Section 98B of the Crimes Act to align with the Palermo Protocol by explicitly including “abuse of power” or “abuse of a position of vulnerability” as means of trafficking.
3. Amend Section 98D to include “the giving or receiving of payments or benefits” as an element of trafficking.
4. Clarify within Section 98D that the consent of a victim is irrelevant if coercion or deception was involved.
5. Broaden the scope of “exploitation” under Section 98AA to reflect the broader definition in Section 98D or align with Article 3(a) of the Palermo Protocol.
6. Regularise penalties between Sections 98AA and 98D, ensuring consistent severity for trafficking offences.

Conclusion 

Amending the definition of child trafficking in the Crimes Act is essential for accurate victim identification, effective prosecution, and alignment with international obligations. 

Without a clear definition, child trafficking cases are misclassified under other statutes, obscuring the true prevalence of this crime in New Zealand. 

The Government’s Plan of Action against People Trafficking, Forced Labour, and Slavery includes a commitment to consider strengthening child trafficking provisions—a mandate that supports these recommended amendments. 

We welcome the opportunity to collaborate on this critical reform and look forward to discussing this matter further at your earliest convenience. 

Nāku iti nei, nā

ECPAT Child Alert Trust