Change the child trafficking definition
All children have a right to safety and dignity. However, there is a significant gap in New Zealand’s anti-human trafficking laws that can leave children vulnerable to exploitation.
According to international law and UN agreements to which Aotearoa is a party, child trafficking is defined as recruiting, transporting, transferring, harbouring, or receiving a child for exploitation. Under this definition, there is no need for deception or coercion to be present for trafficking to have taken place.
However, under current New Zealand legislation, the courts and police will only consider a case to be 'trafficking' if there is evidence of coercion or deception, regardless of the victim's age. Children are particularly vulnerable to trafficking as they cannot consent or make free choices in the same way that adults can. So, determining if coercion or deception has taken place is irrelevant.
Strengthening the child trafficking definition will improve New Zealand’s prevention, prosecution and protection efforts.
There is a clear need to strengthen the legal definition of child trafficking, and we are asking New Zealanders to help us achieve this. Right now, key sections of the Crimes Act related to slavery, trafficking and exploitation are up for amendment. Parliament is currently considering The Crimes (Increased Penalties for Slavery Offences) Amendment Bill, which will change to the Crimes Act to better fight slavery and trafficking.
We want the Justice Select Committee to consider adding an extension to this Bill, to ensure that when the victim is a child, evidence of coercion and/or deception is no longer necessary for the police to successfully prosecute someone for trafficking. This would put New Zealand in line with international law and UN agreements.
Join us in writing a submission to the Justice Select Committee.
We encourage you to personalise this template, adding your perspective on why New Zealand needs to take strong action to protect children against human traffickers.
How to make a submission
Step 1: Open the submission webpage.
Click the button below to access the Government’s submission page in a new tab or window. To make it easier, you can arrange this page and the submission page side-by-side on your screen.
Step 2: Start your submission.
On the submission page:
Read through the submission page.
Click ‘I am ready to make my submission.’
Indicate if you are submitting as an individual or representing an organisation.
Choose whether you’d like to make an oral submission as well.
Step 3: Fill in your personal information.
Complete the form with your details.
Important: Your name and submission will be publicly visible, but your contact information will remain private.
Step 4: Write your submission.
Use the template below as a guide. Feel free to copy, paste, and personalise it in the submission box.
Template:
Justice Committee
Parliament Buildings
Wellington
Submission by [your name] to the Justice Committee on The Crimes (Increased Penalties for Slavery Offences) Amendment Bill
Thank you for the opportunity to provide feedback on The Crimes (Increased Penalties for Slavery Offences) Amendment Bill. I support stronger measures to address trafficking in persons and to protect New Zealanders, particularly our tamariki.
Recommendation
I strongly urge you to extend the Bill to include a critical change to the definition of trafficking in persons in section 98D of the Crimes Act 1961. I’d like to see the definition of trafficking in persons strengthened by making evidence of 'coercion' or 'deception' irrelevant when the victim is a child.
This change would see New Zealand's definition of child trafficking aligned with international standards, help support better protection of children who have been exploited, and more effectively prosecute traffickers.
Thank you for considering my submission.
[Your name]