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### Viewing cable 08WELLINGTON91,

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
08WELLINGTON91 | 2008-03-07 00:28 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Wellington

`

    VZCZCXRO7734
    RR RUEHCN RUEHGH
    DE RUEHWL #0091/01 0670028
    ZNR UUUUU ZZH
    R 070028Z MAR 08
    FM AMEMBASSY WELLINGTON
    TO RUEHC/SECSTATE WASHDC 5123
    INFO RUEHBY/AMEMBASSY CANBERRA 5122
    RUEHBK/AMEMBASSY BANGKOK 1731
    RUEHBJ/AMEMBASSY BEIJING 0397
    RUEHHK/AMCONSUL HONG KONG 0141
    RUEHCN/AMCONSUL CHENGDU 0005
    RUEHGZ/AMCONSUL GUANGZHOU 0030
    RUEHGH/AMCONSUL SHANGHAI 0009
    RUEHSH/AMCONSUL SHENYANG 0011
    RUEHIN/AIT TAIPEI 0092
    RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
    RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
    RUEHC/DEPT OF LABOR WASHDC
    RUEATRS/DEPT OF TREASURY WASHDC

` `

    UNCLAS SECTION 01 OF 20 WELLINGTON 000091

    SIPDIS

    SIPDIS
    SENSITIVE

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

    E.O. 12958: N/A
    TAGS: PHUM PREF ASEC SMIG ELAB KCRM KWMN KFRD NZ
    SUBJ: TRAFFICKING IN PERSONS - NEW ZEALAND 2/2007

    REF: 07 STATE 2731

    ¶1.  (SBU) Following are responses for the Trafficking in Persons
    report for New Zealand, keyed to reftel:

    Begin Responses
    ---------------

    ¶27.  Overview of a country's activities to eliminate
    trafficking in persons:

    -- A. Is the country a country of origin, transit, and/or
    destination for internationally trafficked men, women, or children?
    Provide, where possible, numbers or estimates for each group; how
    they were trafficked, to where, and for what purpose.  Does the
    trafficking occur within the country's borders?  Does it occur in
    territory outside of
    the government's control (e.g. in a civil war situation)?  Are any
    estimates or reliable numbers available as to the extent or
    magnitude of the problem?   What is (are) the source(s) of available
    information on trafficking in persons or what plans are in place (if
    any) to undertake documentation of trafficking? How reliable are the
    numbers
    and these sources?  Are certain groups of persons more at risk of
    being trafficked (e.g. women and children, boys versus girls,
    certain ethnic groups, refugees, etc.)?

    There is no evidence that New Zealand (NZ) is a country of origin or
    transit in transnational trafficking.  There is information that NZ
    is a country of destination however, and that some domestic
    trafficking exists, though the total number of trafficked victims
    (both transnational and domestic) is estimated to be small.

    There is no hard evidence (victim interviews, arrests, convictions,
    etc.) to support a precise determination of the number of such
    victims.  However, based on information gleaned from law enforcement
    authorities and the Prostitution Law Reform Committee (PLRC), Post
    estimates the number of transnational victims entering New Zealand
    each year is less than 100, primarily Asian women engaged in the
    legal sex industry.

    The number of domestic trafficking victims is also small (estimated
    to be less than 100), and consists of underage sex workers, and
    Asian migrants working in the agricultural sector.

    Estimates on TIP information in New Zealand are derived from the
    Department of Labour, the New Zealand Customs Service, the Ministry
    of Foreign Affairs and Trade, the Ministry of Justice, the New
    Zealand Police, the Department of Prime Minister and Cabinet, the
    Ministry of Health, the Ministry of Social Development, the Ministry
    of Women's Affairs, the media, and from non-governmental
    organizations (NGOs) working in the field.

    No comprehensive figures and agreed-upon statistics on the extent of
    trafficking within NZ exist at the present time, although some
    surveys have been done.  The Prostitution Law Review Committee
    (PLRC), established with the adoption of the Prostitution Reform Act
    (PRA) in 2003, is tasked with issuing a five-year report on the
    status and effectiveness of the PRA.  The PLRC's final report is due
    later in 2008.  In addition, the government-proposed National Plan
    of Action to Prevent Trafficking in Persons (NPA) will, among other
    things, expand government monitoring and assessment efforts.

    With regard to the persons most at risk for transnational
    trafficking, the government and NGOs agree that Asian women have the
    greatest risk of being trafficked into New Zealand, primarily for
    prostitution.  With regard to domestic trafficking, the persons most
    at risk are young NZ women (under 18 years) engaged in the
    commercial sex industry and low-skilled, illegal migrant men and
    women working in the agricultural sector.

    In 2007, the New Zealand Prostitutes Collective (NZPC) concluded a
    nationwide survey of commercial sex workers and brothels.  The
    survey was conducted at the request of the PLRC in support of the
    Committee's final report.  The results of the NZPC survey have not
    yet been publicly released, but were shared with Post.

    WELLINGTON 00000091  002 OF 020

    According to NZPC's polling and interview data, the present number
    of underage sex workers in NZ is much smaller than the figure of 200
    announced by the PLRC in 2004.  NZPC estimated that there were,
    within the last year, approximately six to 12 underage sex workers
    in Auckland, three in Wellington, and three in Christchurch.  There
    may be underage prostitutes in other NZ cities, but most
    prostitution occurs within the three cities mentioned.

    NZPC states that some of those underage sex workers have now left
    the business and have been referred to local social service
    agencies.  NZPC believes its numbers are accurate, as both
    prostitutes and brothel managers were forthcoming about underage
    participation and work willingly with NZPC and authorities in order
    to deter younger participants and avoid undue police scrutiny of
    their legal activities.  However, the NZPC study, which only
    contacted brothel managers and prostitutes working in brothels, may
    not fully take into account the number of underage sex workers who
    are involved in street prostitution.

    ECPAT (Eliminate Child prostitution, Pornography And Trafficking -
    an NGO engaged in anti-trafficking efforts relating to children)
    says that it has no reliable data concerning the number of underage
    prostitutes in NZ.  ECPAT agreed, however, that the numbers in
    Auckland, Wellington and Christchurch would total less than 100
    individuals.  Both the NZPC and Stop Demand (an anti-prostitution
    NGO) noted that many underage individuals often frequent red light
    districts and are assumed to be involved in sex work, but these
    NGOs' experience is that only a few of the children are actually
    engaged in prostitution.

    According to the Mangere East Family Center (MEFC) in Auckland, the
    number of underage sex workers in that community is less than 20,
    and those youth engage in prostitution on an episodic basis rather
    than on a full-time basis.  In addition, the MEFC points out that,
    based on its experience, detecting underage sex workers is made more
    difficult by the popularity of cellular phone texting.  Almost all
    underage sex workers, according to MEFC, are street workers rather
    than being located within a brothel.  These sex workers are able to
    arrange meetings with clients without making contact in public areas
    (at least after the initial contact).

    The Iosis Family Center (IFC) in Auckland, which has worked with
    underage sex workers for several years, estimated that number of
    "hard core" underage prostitutes in Auckland is low, though the
    number of young girls who occasionally engage in prostitution is
    larger.  According to the IFC, girls in the latter group do not
    consider themselves to be prostitutes, as they engage in such
    activity only on holidays or whenever they desire some extra money.

    Some insight can be gained from the results of police operations.
    In January 2008, police conducted a sweep for underage persons
    working in the red light district of Auckland, following six weeks
    of intelligence gathering. The operation resulted in 25 arrests, of
    which 16 youths under age 18 were allegedly engaged in offering
    commercial sexual services.  According to police, some were living
    in gang homes where they were controlled by pimps who exchanged sex
    for accommodation, food and drugs.  Charges in this case remain
    pending.

    In November 2007, the Department of Labour and police simultaneously
    raided nine massage parlors in Auckland, Wellington and Christchurch
    looking for foreign nationals and underage persons illegally engaged
    in prostitution. Seven of the establishments contained foreign
    nationals working unlawfully as prostitutes (from Hong Kong and
    China with visitor or student visas).  No underage sex workers were
    discovered.  Interviews of the violators failed to reveal evidence
    of trafficking, and those working illegally were immediately
    deported.  Interviews also indicated that the principal motivation
    was financial - i.e., to assist their families or support their
    studies in NZ.  They controlled their earnings, held their travel
    documents and resided independently from the business until their
    departure from New Zealand.

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

    WELLINGTON 00000091  003 OF 020

    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

    WELLINGTON 00000091  006 OF 020

    inventory of trafficking laws, including non-criminal
    statutes that allow for civil penalties against alleged
    trafficking crimes, (e.g., civil forfeiture laws and laws
    against illegal debt).

    New Zealand has adopted the definition of trafficking set out in the
    Protocol to Prevent, Suppress and Punish Trafficking in Persons,
    especially Women and Children.  That definition only covers
    transnational forms of trafficking.  Other than this notable
    difference with U.S. law, the New Zealand legislation is
    comprehensive and covers all aspects of trafficking, including
    reception, concealment or harboring of persons. Measures to punish
    domestic trafficking, such as abduction, assault, kidnapping, rape
    and engaging underage prostitutes, are covered in other New Zealand
    legislation.

    The key legislative provisions are found in Part 5 of the
    Crimes Act 1961.  The relevant provisions are sections 98
    (dealing in slaves), 98A (participation in organized criminal
    group), 98B (definitions), 98C (smuggling migrants), 98D
    (trafficking in persons), 98E (aggravating factors), and 98F
    (Attorney-General's consent required).

    Section 98 of the Crimes Act 1961 makes dealing in slavery an
    offense.  Sections 98A, 98C and 98D are offenses for which a person
    may be extradited from a country with which New Zealand has an
    extradition treaty.

    In 2005, the government added section 98AA to comply with New
    Zealand's obligations under the Optional Protocol to the Convention
    on the Sale of Children, Child Prostitution and Child Pornography.
    It establishes an offense for dealing in people less than 18 years
    for sexual exploitation, removal of body parts, or engagement in
    forced labor.

    Section 16 of the Prostitution Reform Action 2003 prohibits inducing
    or compelling persons to provide commercial sexual services or
    earnings from prostitution.

    In February 2002, New Zealand passed legislation criminalizing human
    smuggling and trafficking.  The Transnational Organized Crime Bill
    was adopted on June 17, 2002 as an amendment to the Crimes,
    Extradition, Immigration, Passports and Mutual Assistance in
    Criminal Matters Amendment Acts.

    In addition, the Crimes Act prohibits sexual conduct with children
    both within and outside NZ (section 144A), and criminalizes the
    organization or promotion of child sex tours (section 144C).

    The government has introduced legislation into the House of
    Representatives that would establish a civil forfeiture law.  The
    Criminal Proceeds (Recovery) Bill is currently before a select
    committee and would authorize the government to seize instruments
    used in, or the proceeds derived from, all of the crimes listed
    above.

    -- B. What are the prescribed penalties for trafficking
    people for sexual exploitation?  What penalties were
    imposed for persons convicted of sexual exploitation over
    the reporting period?  Please note the number of convicted
    sex traffickers who received suspended sentences and the
    number who received only a fine as punishment.

    The penalty for offenses relating to all types of trafficking is
    contained in section 98D of the Crimes Act 1961 and imposes a term
    of imprisonment not exceeding 20 years, a fine not exceeding USD
    400,000 (NZD 500,000) or both.

    No penalties have been imposed under this law because there have
    been no prosecutions.

    -- C. Punishment of Labor Trafficking Offenses: What are
    the prescribed and imposed penalties for trafficking for
    labor exploitation, such as forced or bonded labor and
    involuntary servitude?  Do the government's laws provide
    for criminal punishment -- i.e. jail time -- for labor

    WELLINGTON 00000091  007 OF 020

    recruiters in labor source countries who engage in recruitment of
    laborers using knowingly fraudulent or deceptive offers that result
    in workers being trafficked in
    the destination country?  Are there laws in destination countries
    punishing  employers or labor agents in labor
    destination countries who confiscate workers' passports or
    travel documents, switch contracts without the worker's
    consent as a means to keep the worker in a state of
    service, or withhold payment of salaries as means of
    keeping the worker in a state of service?  If law(s)
    prescribe criminal punishments for these offenses, what are
    the actual punishments imposed on persons convicted of
    these offenses?  Please note the number of convicted labor
    traffickers who received suspended sentences and the number
    who received only a fine as punishment.

    In 2002, the government added sections 98A-98F into the Crimes Act
    in order to implement of the Protocol to Prevent, Suppress and
    Punish Trafficking in Persons, Especially Women and Children and the
    Convention against Transnational Organised Crime.

    Section 98C prohibits the smuggling of unauthorised migrants into
    New Zealand or any other country.  Section 98D prohibits the
    trafficking of persons into New Zealand or any other country.

    In 2005, the government added section 98AA to comply with New
    Zealand's obligations under the Optional Protocol to the Convention
    on the Sale of Children, Child Prostitution and Child Pornography.
    It prohibits the use of people less than 18 years in forced labor.
    The scope of 98AA is broad and covers not only the selling,
    bartering, transferring, hiring or renting of a person under 18
    years of age, but also prohibits:

    -- engaging or permitting a person under 18 years to be engaged in
    forced labour,
    -- detaining or confining a person for any of the specified
    purposes;
    -- receiving, transporting, removing or importing a person for any
    of the specified purposes;
    -- inducing a person who is under 18 years (or the guardian or
    caregiver of such a person) to sell, rent, or give himself or
    herself for any of the specified purposes.

    Violations of section 98 carries a maximum penalty of 20 years
    imprisonment and/or a fine not exceeding USD 400,000 (NZD 500,000),
    with the exception of 98AA, which carries a maximum penalty of 14
    years imprisonment.

    The Immigration Act 1987 (section 39A) prohibits employer
    exploitation of illegal migrants within New Zealand and carries a
    maximum penalty of seven years imprisonment and/or a fine of USD
    80,000 (NZD 100,000).

    The government proposed a new immigration bill before Parliament in
    August 2007.  Among other things, the bill would make it a crime
    to:

    -- exploit persons not legally entitled to work in New Zealand by
    failing to comply with minimum employment standards regarding wages,
    holiday pay or wage deductions (reinforces existing law in section
    39A of the Immigration Act 1987, above); and

    -- prevent a person from obtaining their legal entitlements, or
    force a person to leave his/her employment or country through such
    means as confiscating passports, tickets or travel documents,
    preventing outside communication or keeping him/her confined to the
    workplace.

    The maximum penalty for such crimes would be seven years
    imprisonment and/or a fine of USD 80,000 (NZD 100,000).

    As noted in 28-F below, in 2007 the government prosecuted five
    persons for crimes relating to labor exploitation, resulting in two
    convictions to date (one to 27 months incarceration and the other to
    21 months home detention).  In 2006, the prosecution of one person
    resulted in an 18-month prison sentence; and in 2005, one person was

    WELLINGTON 00000091  008 OF 020

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

    -- D. What are the prescribed penalties for rape or
    forcible sexual assault?  How do they compare to the
    prescribed penalties for crimes of trafficking for
    commercial sexual exploitation?

    Sexual violation (i.e., rape or sexual contact) of an adult is
    punishable by a term of imprisonment not to exceed 20 years and
    differs from the penalties for trafficking in the following
    respects:

    -- Unlike trafficking convictions, it does not carry a potential
    monetary fine.

    -- The minimum sentence for a sexual violation is 8 years.   There
    is no minimum sentence for trafficking offenses.

    -- A person who has been convicted of sexual violation may be
    detained without bail ("preventive detention") if the offender has a
    history of sexual offenses or poses a risk to the community.  A
    person who is convicted of a trafficking offense is not eligible to
    be placed in preventive detention.

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

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

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

    -- E. Is prostitution legalized or decriminalized?
    Specifically, are the activities of the prostitute
    criminalized?  Are the activities of the brothel
    owner/operator, clients, pimps, and enforcers criminalized?
    Are these laws enforced?  If prostitution is legal and
    regulated, what is the legal minimum age for this activity?
    Note that in many countries with federalist systems,
    prostitution laws may be under state or local jurisdiction
    and may differ among jurisdictions.

    Although prostitution in NZ is decriminalized, law enforcement
    officers possess a broad range of powers to ensure that the PRA is
    complied with.  The PRA is designed to ensure that sex workers are
    not exploited or subject to adverse employment conditions.  The PRA
    prohibits persons under 18 years of age and foreign nationals from
    working in the commercial sex industry.  Other parties involved in
    the activities may be prosecuted if they fail to comply with the
    law. Prosecutions may follow where there is a lack of consent or the
    person is induced or compelled to provide commercial sexual services
    or earnings.

    The PRA also prohibits a client from engaging a person under the age
    of 18.  In such cases, the defendant has the burden of proving that
    they took adequate steps to ascertain whether the person was over 18
    years.  It is not an offense for a person under the age of 18 to
    provide commercial sexual services; they are instead considered
    victims under the PRA.

    The PRA provides that no immigration permit may be granted to a
    person who has provided or intends to provide commercial sexual
    services; has acted or intends to act as an operator of a business
    of prostitution; or has invested in or intends investing in a
    business of prostitution.  It is also a condition of every temporary
    immigration permit or limited purpose permit that the holder may not
    while in New Zealand provide commercial sexual services, act as an
    operator of a New Zealand business of prostitution or invest in a
    New Zealand business of prostitution.

    The PRA repealed the offenses of brothel keeping and living off the
    proceeds of prostitution.  However, brothel owners/operators may be
    charged with the following offenses under the PRA: using persons
    under 18 years of age; providing sexual services where there is a
    lack of consent; inducing or compelling a person to provide
    commercial sexual services or earnings; or failing to meet
    obligations under the Health and Safety in Employment Act 1992
    (including but not limited to safe sex practices).

    WELLINGTON 00000091  009 OF 020

    If a brothel owner/operator uses a person under 18 years of age, he
    or she is also subject to penalties under the Crimes Act for sexual
    exploitation of a person under 18 years of age.

    Various provisions of the Crimes Act might also apply where: there
    is violence, or threats of violence or damage to property; or a
    person abducts or kidnaps a person with the intent to have sexual
    contact.

    -- F. Has the government prosecuted any cases against human
    trafficking offenders?  If so, provide numbers of
    investigations, prosecutions, convictions, and sentences
    served, including details on plea bargains and fines, if
    relevant and available.  Please indicate which laws were
    used to investigate, prosecute, convict, and sentence
    traffickers.  Also, if possible, please disaggregate by
    type of TIP (labor vs. commercial sexual exploitation) and
    victims (children, as defined by U.S. and international law
    as under 18 years of age, vs. adults).  Does the government
    in a labor source country criminally prosecute labor
    recruiters who recruit laborers using knowingly fraudulent
    or deceptive offers or impose on recruited laborers
    inappropriately high or illegal fees or commissions that
    create a debt bondage condition for the laborer?  Does the
    government in a labor destination country criminally
    prosecute employers or labor agents who confiscate workers'
    passports/travel documents, switch contracts or terms of
    employment without the worker's consent, use physical or
    sexual abuse or the threat of such abuse to keep workers in
    a state of service, or withhold payment of salaries as a
    means to keep workers in a state of service?  Are the
    traffickers serving the time sentenced?  If not, why not?
    Please indicate whether the government can provide this
    information, and if not, why not?

    No prosecutions have been brought under the NZ's anti-trafficking
    laws to date, as no evidence of trafficking (under New Zealand's
    definition) has been found during the course of government
    investigations.  However, the government has prosecuted and
    convicted individuals under the Prostitution Reform Act (PRA) for
    using children in prostitution.  In addition, the government
    conducted compliance visits within brothels to check for underage
    sex workers and foreign nationals working as prostitutes (both of
    which are prohibited under the PRA).

    For the period between June 2006 and December 2007 (the most recent
    figures available), the government made 76 compliance visits to
    brothels.  During those visits authorities found 92 foreign
    nationals working illegally in the sex industry.  Of those, the
    government revoked 47 entry permits (the holders then departed NZ or
    were deported) and 33 persons without entry permits either departed
    NZ or were deported.  The 12 remaining holders of entry permits
    (some of them students) were allowed to remain in New Zealand on
    humanitarian grounds or given a second chance.

    Since the PRA came into force in June 2003 until January 2008, 97
    charges have been filed under the various PRA provisions relating to
    the illegal operation of brothels.  Ninety-four of those charges
    related to the illegal use of persons under 18 years of age in
    prostitution.

    Prosecutions of brothel owners/operators since adoption of the PRA
    in 2003 have risen over the years.  In 2004 (the first full year
    under the PRA), there were 36 prosecutions.  This reflected the
    initial Police effort to enforce compliance under the new
    legislation.  Prosecutions then tapered to nine in 2005, but have
    increased every subsequent year to 13 in 2006, and 31 in 2007.
    There were three prosecutions in January 2008.

    Twenty-five of the 97 charges resulted in convictions; 41 cases are
    still active.  The remaining 56 charges were either withdrawn, the
    accused was acquitted or the charges were otherwise not proven.  Of
    the 25 convictions, five were placed in custody, 12 were sentenced
    to community work, two were placed under supervision, three were
    given monetary fines, and three were discharged.

    WELLINGTON 00000091  010 OF 020

    In January 2008, the Department of Labour charged 16 Auckland youths
    with working in the commercial sex business, following a coordinated
    sweep by the Department of Labour and the NZ Police.  Under the PRA,
    these youths were not prosecuted as criminals, but rather treated as
    victims.

    There have been recent developments in two longstanding prosecutions
    involving the use of underage prostitutes in Christchurch.  On
    February 11, 2008 a defendant accused of "using persons under 18
    years of age" (a 14-year-old girl and a 16-year-old girl) to provide
    sexual services in his brothel in 2005 was sentenced to one year
    home detention.  On the same day, another defendant was found guilty
    of facilitating and assisting in the hiring of an underage
    prostitute, with sentencing scheduled for March 17.

    With respect to investigating underage prostitution, Police may
    legally ask any person for identity and age, but there is no
    requirement that persons carry proof of identity or age in New
    Zealand.  Police always have the option to take an unaccompanied
    child into custody for questioning if Police determine that it is
    necessary for the physical or mental health of the child or if the
    child is impaired.  In addition, since many child prostitutes do not
    see themselves as victims and do not cooperate with Police, Police
    may find it difficult to indict violators.  Despite these
    difficulties, Police do not consider them to be undue impediments to
    their ability to identify underage sex workers.  In fact, according
    to Police, the PRA has allowed them to have greater contact with
    local prostitutes and more likely to hear about underage sex workers
    or anyone who is being coerced into prostitution.

    The Police are able to enter a brothel and make a compliance
    investigation after obtaining a warrant to do so - the same rule
    that governs Police entry into any business.  The PRA has not
    limited Police ability to investigate possible illegal activities
    associated with brothels when Police have found it necessary to do
    so.  In addition, if a violation of immigration law is suspected, a
    police officer (who is also an immigration officer under the PRA)
    can enter a brothel without a warrant.

    Even though there have been no prosecutions relating to labor
    exploitation under New Zealand's transnational anti-trafficking
    laws, the government employs an extensive statutory regime to
    protect workers from exploitation and from working in unsafe or
    unhealthy work environments, which applies to all workers employed
    in New Zealand, whether or not they are legally entitled to be in
    New Zealand.

    The overall framework for employment relations is contained in the
    Employment Relations Act 2000, which sets provisions for bargaining,
    freedom of association, bargaining, personal grievance rights and
    procedures for employment problem resolution.  The Health and Safety
    in Employment Act 1992 establishes the framework for occupational
    safety and health in workplaces.

    In 2007, the Department of Labour prosecuted five persons for
    helping or enticing illegal workers to stay in NZ for material gain
    (in violation of the Immigration Act).  The workers in this case
    jumped ship from Korean fishing vessels (where they were allegedly
    exploited and mistreated) while in NZ and were employed by the
    defendants to perform agricultural work and again exploited.  The
    victims were charged substantial "fees," wages were often withheld
    or paid minus substantial "expenses," and working conditions were
    sometimes deplorable. Thus far, two of the defendants have been
    convicted and sentenced: a Vietnamese national, who helped the
    workers jump ship and then facilitated their work within New
    Zealand, was sentenced to 27 months incarceration; another
    Vietnamese national who was involved in exploiting the workers after
    their arrival was sentenced to 21 months home detention.

    In 2006, the Department of Labour prosecuted an Indonesian national
    for helping or enticing illegal workers to stay in NZ for material
    gain (another "ship-jumping" case).  He was jailed for 18 months.

    In 2005, the Department of Labor prosecuted an Indonesian national
    for arranging workers to come into New Zealand from Indonesia with

    WELLINGTON 00000091  011 OF 020

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

    -- G. Does the government provide any specialized training
    for government officials in how to recognize, investigate,
    and prosecute instances of trafficking?  Specify whether
    NGOs, international organizations, and/or the USG provide
    specialized training for host government officials.

    Within the reporting period, the government initiated training for
    Immigration Compliance officers on identifying indicators of
    trafficking and trafficking victim interviewing techniques.  The
    government has not yet determined whether to continue that training
    in the future.

    A part of the NPA will assess the training that enforcement agencies
    currently provide and will explore options for coordinating training
    programs between agencies.

    The New Zealand Customs Service has a formal Memorandum of
    Understanding with the New Zealand Police that covers information
    sharing, joint operations and joint training opportunities.  The
    Department of Labour - Immigration New Zealand has a similar
    arrangement with the New Zealand Police.

    --H. Does the government cooperate with other governments
    in the investigation and prosecution of trafficking cases?
    If possible, can post provide the number of cooperative
    international investigations on trafficking during the
    reporting period?

    The Mutual Assistance in Criminal Matters Act 1992 sets out a
    process that allows New Zealand to co-operate with other governments
    in the investigation and prosecution of criminal activities,
    including trafficking, without the need for bilateral mutual legal
    assistance treaties.  The Act sets out the extent to which New
    Zealand is able to request or provide assistance.  The New Zealand
    government is able to provide assistance in a number of areas
    including the gathering of evidence, identifying and locating
    persons, and executing warrants.  The New Zealand Police also
    provide informal assistance to counterparts around the world through
    Interpol channels.

    New Zealand has not made or received any requests relating to
    trafficking under this act to date.

    -- I. Does the government extradite persons who are charged
    with trafficking in other countries?  If so, can post
    provide the number of traffickers extradited during the
    reporting period?  Does the government extradite its own
    nationals charged with such offenses?   If not, is the
    government prohibited by law form extraditing its own
    nationals?  If so, what is the government doing to modify
    its laws to permit the extradition of its own nationals?

    Trafficking is an extraditable offence under New Zealand's
    Extradition Act 1999 which allows New Zealand to extradite
    offenders.  New Zealand has never received a request to extradite or
    otherwise surrender a person charged with a trafficking offense.

    New Zealand's Extradition Act 1999 reserves the government's right
    to refuse extradition of a New Zealand national.  Despite this, the
    government has not, as a matter of general practice, refused to
    extradite New Zealand nationals.

    -- J. Is there evidence of government involvement in or
    tolerance of trafficking, on a local or institutional
    level?  If so, please explain in detail.

    There is no evidence of government involvement in or
    tolerance of trafficking.

    -- K. If government officials are involved in trafficking,
    what steps has the government taken to end such
    participation?  Please indicate the number of government
    officials investigated and prosecuted for involvement in

    WELLINGTON 00000091  012 OF 020

    trafficking or trafficking-related corruption during the
    reporting period.  Have any been convicted?  What
    sentence(s) was imposed?  Please specify if officials
    received suspended sentences, were given a fine, fired, or
    reassigned to another position within the government as
    punishment.  Please provide specific numbers, if available.
    Please indicate the number of convicted officials that
    received suspended sentences or received only a fine as
    punishment.

    N/A

    -- L. As part of the new requirements of the 2005 TVPRA,
    for countries that contribute troops to international
    peacekeeping efforts, please indicate whether the
    government vigorously investigated, prosecuted, convicted
    and sentenced nationals of the country deployed abroad as
    part of a peacekeeping or other similar mission who engage
    in or facilitate severe forms of trafficking or who exploit
    victims of such trafficking.

    There is no evidence that New Zealanders engaged in peacekeeping or
    similar missions have been involved in trafficking or related
    activities.

    -- M. If the country has an identified child sex tourism
    problem (as source or destination), how many foreign
    pedophiles has the government prosecuted or
    deported/extradited to their country of origin?  What are
    the countries of origin for sex tourists?  Do the country's
    child sexual abuse laws have extraterritorial coverage
    (similar to the U.S. PROTECT Act)?  If so, how many of the
    country's nationals have been prosecuted and/or convicted
    under the extraterritorial provision(s) for traveling to
    other countries to engage in child sex tourism?

    New Zealand has extraterritorial coverage under 144A of the Crimes
    Act of 1961 with respect to child sexual abuse laws and New Zealand
    has cooperated in the prosecution of New Zealand citizens who have
    engaged in child sex tourism overseas.  It is also an offense under
    section 144C of the Crimes Act 1961 to organize or promote child sex
    tours.

    According to a 2007 study by John Hopkins University on
    international child sex tourism, there have been three NZ citizens
    convicted of sex tourism in those countries considered to be
    "primary countries of destination:" Two in Thailand (2005); and one
    in Cambodia (2004).

    Since 2002, there have been two persons charged within New Zealand
    for the crime of sexual conduct with a child that occurred outside
    New Zealand.  One person was convicted (in 2007) and sentenced to a
    term of 820 days imprisonment.  The charge against the other person
    was withdrawn.

    Both ECPAT and Stop Demand (an anti-prostitution NGO) have expressed
    concern that the government has not directed additional resources
    toward enforcement of sex tourism laws.  ECPAT pointed out that NZ
    has only one officer assigned in Bangkok to cover the entire Asia,
    Southeast Asia and Pacific Island region with respect to trafficking
    and sex tourism.  At the same time, ECPAT acknowledged that NZ,
    being a relatively small country with a relatively small problem,
    has difficulty justifying additional resources for that purpose.

    ECPAT previously noted that countries with similar extra-territorial
    legislation on child sex tourism (Canada, Australia and the United
    Kingdom) featured information on their extraterritorial legislation
    on their government travel advisory websites.  New Zealand has,
    within the reporting period and at the urging of ECPAT, added such
    information to its travel webpage as well.

    ¶29. PROTECTION AND ASSISTANCE TO VICTIMS:

    -- A. Does the government assist foreign trafficking
    victims, for example, by providing temporary to permanent
    residency status, or other relief from deportation?  If so,

    WELLINGTON 00000091  013 OF 020

    please explain.

    The Victims' Rights Act 2002 makes a number of victims' rights
    accessible to foreign trafficking victims.  Such rights include the
    right to be informed of services (such as physical and mental health
    services, legal services, social welfare, and counseling) and access
    to remedies.

    Temporary entry permits, including limited purpose entry permits (to
    testify in court, for example), can also be provided to victims of
    trafficking in individual cases.

    -- B.  Does the country have victim care facilities which
    are accessible to trafficking victims?  Do foreign victims
    have the same access to care as domestic trafficking
    victims?  Does the country have specialized facilities
    dedicated to helping victims of trafficking?  If so, can
    post provide the number of victims placed in these care
    facilities during the reporting period?  What is the
    funding source of these facilities?  Please estimate the
    amount the government spent (in U.S. dollar equivalent) on
    these specialized facilities dedicated to helping
    trafficking victims during the reporting period.  Does the
    government provide trafficking victims with access to
    legal, medical and psychological services?  If so, please
    specify the kind of assistance provided, and the number of
    victims assisted, if available.

    The New Zealand Council of Victim Support Groups provides 24-hour
    emotional support, personal advocacy and information to all people
    affected by crime and trauma throughout New Zealand.  Victims with
    special needs, such as emotional support or counseling are be
    referred by relevant authorities to the specialist provider of care
    services.

    The New Zealand government is unaware of any situation where a
    person accessing these services or facilities has claimed to be a
    victim of trafficking.  However, the government has put in place
    measures to ensure that there are services available for young
    persons who are involved in or at risk of all forms of commercial
    sexual exploitation.

    -- C. Does the government provide funding or other forms of
    support to foreign or domestic NGOs and/or international
    organizations for services to trafficking victims?  Please
    explain and provide any funding amounts in U.S. dollar
    equivalent.  If assistance provided is in-kind, please
    specify exact assistance.  Please explain if funding for
    assistance comes from a federal budget or from regional or
    local governments.

    NZAID is the government agency responsible for managing New
    Zealand's official development assistance. In line with its human
    rights policy, NZAID supports activities to combat human trafficking
    through its contributions to the following entities (all funds from
    the NZ federal budget):
    -- USD 160,000 (NZD 200,000) to the Asia Pacific Forum of National
    Human Rights Institutions in 2007/08.
    -- USD 320,000 (NZD 400,000) to the UN Inter-Agency Project on Human
    Trafficking in the Greater Mekong Sub-region (participating
    countries are: Cambodia, China, Lao, Myanmar, Thailand, and
    Vietnam).

    The government also contributed or dedicated USD 10.9 million (NZD
    13.6 million) for the period 2007 to 2009 to organizations which, as
    a part of their mandate, work to detect or prevent trafficking or
    provide assistance to trafficking victims.  Those organizations
    include UNICEF, UNFPA, OHCHR AND UNIFEM.

    The government also supported a wide range of human rights NGOs,
    including the NZPC, which provided services to commercial sex
    workers, some of whom may have been trafficked.

    -- D. Do the government's law enforcement, immigration, and
    social services personnel have a formal system of
    proactively identifying victims of trafficking among high-

    WELLINGTON 00000091  014 OF 020

    risk persons with whom they come in contact (e.g., foreign
    persons arrested for prostitution or immigration
    violations)?   What is the number of victims identified
    during the reporting period?  Has the government developed
    and implemented a referral process to transfer victims
    detained, arrested or placed in protective custody by law
    enforcement authorities to institutions that provide short-
    or long-term care?  How many victims were referred for
    assistance by law enforcement authorities during the
    reporting period?

    Immigration officers have received training on anti-trafficking
    legislation and its implementation, including the necessity of
    providing victims with information on social services.  There are
    processes in place for conducting humanitarian interviews with
    potential victims and coordinating with the New Zealand Police and
    other social services agencies.

    No victims were identified during the reporting period.

    ¶E. For countries with legalized prostitution:  does the
    government have a mechanism for screening for trafficking
    victims among persons involved in the legal/regulated
    commercial sex trade?

    New Zealand has decriminalized prostitution.  Nevertheless, law
    enforcement personnel, including immigration officers, regularly
    inspect brothels to ensure that persons working in the industry are
    not foreign nationals in New Zealand on temporary permits.  In the
    course of carrying out these inspections, officers also screen for
    victims of trafficking, to include underage sex workers.

    -- F. Are the rights of victims respected?  Are trafficking
    victims detained or jailed?   If detained or jailed, for
    how long?  Are victims fined?  Are victims prosecuted for
    violations of other laws, such as those governing
    immigration or prostitution?

    The government is conscientious about protecting victims' rights,
    including potential trafficking victims.  In any trafficking case,
    the government tries to obtain the victims' collaboration, ensure
    their accommodation needs are met, and issue temporary permits where
    appropriate to enable them to remain lawfully in New Zealand and to
    serve as legal witnesses if needed.

    The Victims' Rights Act 2002 provides specific statutory recognition
    to the role of victims in the criminal justice system.  The Act
    provides that government officials in the criminal justice system
    should treat victims with courtesy, compassion, and respect for
    their personal dignity and privacy; should offer access to
    counseling and social services; and should inform victims and their
    families of the progress of the criminal proceedings that he or she
    is involved in, the charges laid, the victim's role as a prosecution
    witness, the date and place of certain events surrounding hearings,
    and the final disposition of proceedings.  Any information that
    should be given to the victim can be given to a support person when
    the victim cannot receive it or is not capable alone of
    understanding it.
    When the government finds underage young persons engaged in the
    commercial sex business, it considers them victims rather than
    criminals.  The government has put in place measures to ensure that
    there are support services available for young persons who are
    involved in, or at risk of, commercial sexual exploitation.
    -- G. Does the government encourage victims to assist in
    the investigation and prosecution of trafficking?  How many
    victims assisted in the investigation and prosecution of
    traffickers during the reporting period?  May victims file
    civil suits or seek legal action against traffickers?  Does
    anyone impede victim access to such legal redress?  If a
    victim is a material witness in a court case against a
    former employer, is the victim permitted to obtain other
    employment or to leave the country pending trial
    proceedings?  Are there means by which a victim may obtain
    restitution?

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

    WELLINGTON 00000091  015 OF 020

    by a case of trafficking. As previously noted, the Victims Rights
    Act provides specific statutory recognition of the rights of
    victims.  In the development of the National Plan of Action and
    through consultations with NGOs, the government is developing
    strategies to ensure that the specific interests and needs of
    trafficking victims are taken into account.

    If the government becomes aware of an instance of
    trafficking, its policy is to take steps to solicit the cooperation
    of the victim so long as this does not jeopardize the success of the
    investigation. Although the government would have an interest in
    persuading the victim to remain, the government would not seek to
    prevent a victim of trafficking from leaving the country if the
    person desires to leave of her/his own volition.

    Where a person has been convicted of an offense, he or she
    may be ordered to make reparation to the victim.  The court must
    consider reparation in all cases and must impose it unless satisfied
    that it would result in undue hardship for the offender or the
    dependents of the offender, or because of any other special
    circumstances.

    For example, in 2000 the Human Rights Commission successfully
    represented a Thai sex trafficking victim to the New Zealand
    Disputes Tribunal, and the victim recovered the NZD 6000 she paid
    traffickers for what she believed would be restaurant work.

    -- H. What kind of protection is the government able to
    provide for victims and witnesses?  Does it provide these
    protections in practice?  What type of shelter or services
    does the government provide?  Are these services provided
    directly by the government or are they provided by NGOs or
    IOs funded by host government grants?  Does the government
    provide shelter or housing benefits to victims or other
    resources to aid the victims in rebuilding their lives?
    Where are child victims placed (e.g., in shelters, foster
    care, or juvenile justice detention centers)?  What is the
    number of victims assisted by government-funded assistance
    programs during the reporting period?  What is the number
    of victims assisted by non government-funded assistance
    programs?  What is the number of victims that received
    shelter services during the reporting period?

    As stated previously, the government's victim response mechanisms
    have not yet been tested by a case of trafficking.  However,
    existing social welfare system and victim assistance programs
    suggest that trafficking victims would be sheltered and protected as
    witnesses.

     -- I. Does the government provide any specialized training
    for government officials in identifying trafficking victims
    and in the provision of assistance to trafficked victims,
    including the special needs of trafficked children?  Does
    the government provide training on protections and
    assistance to its embassies and consulates in foreign
    countries that are destination or transit countries?  Does
    it urge those embassies and consulates to develop ongoing
    relationships with NGOs and IOs that serve trafficked
    victims?  What is the number of trafficking victims
    assisted by the host country's embassies or consulates
    abroad during the reporting period?  Please explain the
    level of assistance.  For example, did the host government
    provide travel documents for the victim to repatriate, did
    the host government contact NGOs in either the source or
    destination countries to ensure the victim received
    adequate assistance, did the host government pay for the
    transportation home for a victim's repatriation, etc.

    Immigration officers have received training on anti-trafficking
    legislation and its implementation, including the necessity of
    providing victims with assistance and information on social
    services.

    Representatives of the Department of Labour and the Human
    Rights Commission have participated in and conducted numerous
    training workshops in recognizing victims and perpetrators of

    WELLINGTON 00000091  016 OF 020

    trafficking.  The government is an active participant in
    international fora concerning human trafficking, including the Bali
    Process and the Asia Pacific Forum of National Human Rights
    Institutions.

    The Department of Labour's Immigration Service has conducted border
    control training workshops and document examination training for the
    immigration and border control staff of countries in the Asia
    Pacific region.  The Immigration Service has also provided passenger
    screening training to staff of airlines serving New Zealand and the
    Pacific.

    Senior detectives from New Zealand Police received specialized
    training at the Australian Federal Police Trans-National Sexual
    Exploitation Investigation Program in May 2007.  This three-week
    investigator's training course covered human trafficking (sexual
    servitude and child sex tourism) from legislation, investigation,
    prosecution, NGO, and victim support perspectives.  New Zealand
    Police are examining how aspects of this training course can be
    incorporated into future training for their investigators.

    Government diplomats assigned to places where trafficking is likely
    to occur or where NZ works closely with other governments on
    trafficking (Bali Process countries, those working at the UN, or
    other relevant organizations such as IOM) receive a briefing on
    trafficking issues before departing for their assignment.

    -- J. Does the government provide assistance, such as
    medical aid, shelter, or financial help, to its nationals
    who are repatriated as victims of trafficking?

    To date, the government has not had to provide assistance to
    repatriated nationals who have been victims of trafficking, as there
    have been no known trafficking victims who were New Zealand
    citizens.  If there were a need, the government possesses the means
    and is prepared to assist such victims.

    -- K. Which international organizations or NGOs, if any,
    work with trafficking victims?  What type of services do
    they provide?  What sort of cooperation do they receive
    from local authorities?  How much funding (in U.S. Dollar
    Equivalent) did NGOs and international organizations
    receive from the host government for victim assistance
    during the reporting period?  Please disaggregate funding
    for prevention and public awareness efforts from victim
    assistance funding.  NOTE:  If post reports that a
    government is incapable of providing direct assistance to
    TIP victims, please assess whether the government ensures
    that TIP victims receive access to adequate care from other
    entities.  Funding, personnel, and training constraints
    should be noted, if applicable.  Conversely, the lack of
    political will in a situation where a country has adequate
    financial and other resources to address the problem should
    be noted as well.

    The government works closely with ECPAT, the New Zealand Prostitutes
    Collective (NZPC), and the Salvation Army.  The government is also a
    member of the International Organization for Migration (IOM), which
    deals with matters relating to trafficking, including counter
    trafficking.  New Zealand works with IOM on resettlement movements
    and consular services (verification of documentation).

    There has been no government funding to NGOs specifically for
    trafficking victims as, according to the government, there have been
    no trafficking victims to date.  However, an existing framework of
    government and NGO-provided services is available for trafficking
    victims, to include transnational trafficking victims, underage sex
    workers, and exploited illegal migrant farm workers.

    ¶30. PREVENTION:

    -- A. Does the government acknowledge that trafficking is a
    problem in the country?  If not, why not?

    The government acknowledges that transnational trafficking is a
    potential problem, and it is vigilant to detect and address any

    WELLINGTON 00000091  017 OF 020

    trafficking that may occur.  As stated above, the government's
    definition of trafficking does not take into account various forms
    of domestic exploitation which, it admits, is a limited problem.
    Nevertheless, the government actively attempts to prevent such
    exploitation under other laws (those dealing with the abuse and
    exploitation of children and of workers).

    -- B. Are there, or have there been, government-run anti-
    trafficking information or education campaigns conducted
    during the reporting period?  If so, briefly describe the
    campaign(s), including their objectives and effectiveness.
    Please provide the number of people reached by such
    awareness efforts if available.  Do these campaigns target
    potential trafficking victims and/or the demand for
    trafficking (e.g. "clients" of prostitutes or beneficiaries
    of forced labor)?

    There have been no government-run anti-trafficking information and
    education campaigns targeting transnational trafficking, underage
    prostitution or exploitation of migrant workers during the reporting
    period.  However, the government plans to raise awareness of
    trafficking issues as part of the strategy for launching the
    National Plan of Action, later in 2008.

    The government (through the Ministry of Social Development)
    currently funds one information and support project for transgender
    youth who desire to exit the commercial sex industry.  This project,
    operated by the Mangere East Family Center (MEFC) in Auckland,
    targets only transgender youth because, according to the MEFC, there
    are other information resources available for "straight" underage
    sex workers through the public school system (where they are more
    likely to be found, compared to transgender youth).

    -- C. What is the relationship between government
    officials, NGOs, other relevant organizations and other
    elements of civil society on the trafficking issue?

    Government officials from a wide range of agencies work closely with
    NGOs and civil society groups on this issue and have done so for
    several years.  There have been a number of joint initiatives, such
    as the 2001 National Plan of Action Against the Commercial Sexual
    Exploitation of Children, joint working groups to respond to
    concerns about the potential for women and girls being trafficked
    into New Zealand and held in debt bondage, and the 2005 National
    Plan of Action to Combat Trafficking (NPA).  The government plans to
    invite NGOs and civil society groups to attend consultation meetings
    as the government develops the NPA.

    NGOs such as ECPAT and Stop Demand desire more government resources
    and effort in the fight to prevent and detect trafficking
    (particularly underage sex workers), even though these NGOs agree
    that the estimated number of trafficking victims is small.

    -- D. Does the government monitor immigration and
    emigration patterns for evidence of trafficking?  Do law
    enforcement agencies screen for potential trafficking
    victims along borders?

    The government regularly monitors immigration and emigration
    patterns and conducts onshore and off-shore passenger screening as
    an integral element of detecting and preventing trafficking.  The
    Government has in place an Advance Passenger Processing (APP) system
    that requires airlines to identify passengers who may be seeking to
    enter New Zealand illegally before they embark on an aircraft.

    In countries that are considered to be a high-risk source of
    trafficked victims and where a visa is required to travel to New
    Zealand (Taiwan, Thailand and mainland China), the New Zealand
    immigration officials focus special attention on the detection of
    trafficking during the visa approval process.  Immigration officials
    also coordinate closely with Australian immigration officials, who
    have the same concerns in their country.

    In countries that are considered to be a high-risk source of
    trafficked victims but where a visa is not required to travel to New
    Zealand (such as Hong Kong and Malaysia),  immigration officials

    WELLINGTON 00000091  018 OF 020

    rely on APP to help target likely trafficking victims for special
    scrutiny.

    New Zealand also participates in the APEC Regional Movement Alert
    System (RMAS) which allows for the automated checking of passport
    details (of those countries participating in RMAS) and assists in
    detecting invalid, lost and stolen passports.

    -- E. Is there a mechanism for coordination and
    communication between various agencies, internal,
    international, and multilateral on trafficking-related
    matters, such as a multi-agency working group or a task
    force?  Does the government have a trafficking in persons
    working group or single point of contact?  Does the
    government have a public corruption task force?

    The Department of Labour - Immigration leads the government's
    Inter-agency Working Group (IWG) on trafficking-related issues.  The
    IWG is comprised of the Police, the Customs Service, the Ministry of
    Foreign Affairs and Trade, the Ministry of Justice, the Ministry of
    Social Development, the Ministry of Health, and the Ministry of
    Women's Affairs.

    The Customs Service has a formal Memorandum of Understanding (MOU)
    with the Police that covers information sharing, joint operations
    and joint training opportunities, which includes trafficking-related
    issues.  The Department of Labour - Immigration has a similar
    arrangement with the Police.

    The government has a number of legislative, administrative, and
    enforcement measures in place to prevent bribery and corruption.
    While no single agency is charged with the task of dealing with
    corruption, there are a number of agencies that fulfill specific
    tasks.  The core government Ministries and agencies include: Police,
    Financial Intelligence Unit; Serious Fraud Office; Office of the
    Ombudsmen; Inland Revenue; the Office of the Controller and
    Auditor-General, Department of Internal Affairs and State Services
    Commission. There are other agencies as well, such as the Ministry
    of Justice, which leads policy initiatives against corruption and
    bribery.

    New Zealand is perceived to be one of the world's two least corrupt
    countries (along with Finland) according to the annual survey by
    Transparency International.  The index defines corruption as the
    abuse of public office for private gain and measures the degree to
    which corruption is perceived to exist among a country's public
    officials and politicians.

    -- F. Does the government have a national plan of action to
    address trafficking in persons?  If so, which agencies were
    involved in developing it?  Were NGOs consulted in the
    process?  What steps has the government taken to
    disseminate the action plan?

    The government is developing a comprehensive NPA which will
    supplement already existing national plans of action as previously
    mentioned.  The government agencies involved are the Department of
    Labour, the Police, the Customs Service, the Department of the Prime
    Minister and Cabinet, the Ministry of Women's Affair, the Ministry
    of Justice, the Ministry of Foreign Affairs & Trade, the Ministry of
    Health, and the Ministry of Social Development.

    NGOs are participating in and contributing to the development of the
    NPA, where the government is aiming to create an effective
    partnership between government agencies and NGOs to assist any
    future identified victims of trafficking.

    In order to maximize the effectiveness and impact of the NPA, the
    government plans a comprehensive promotion and publicity strategy
    that will circulate the NPA widely and make it publicly available.
    Access to the document will also be possible through Government
    web-sites.  The government will also publicize the NPA through
    ministerial press conferences and media releases.

    -- G: For all posts:  As part of the new criteria added to
    the TVPA's minimum standards by the 2005 TVPRA, what

    WELLINGTON 00000091  019 OF 020

    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

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