US embassy cable - 05WELLINGTON221

UNCLAS SECTION 01 OF 04 WELLINGTON 000221 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PASS USAID 
EAP/ANP - TRAMSEY 
DEPARTMENT FOR G/TIP LNORIN, G, EAP/RSP, EAP/ANP, PRM, IWI, INL AND DRL 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, NZ 
SUBJECT:  TRAFFICKING IN PERSONS - NEW ZEALAND 3/2005 
 
Sensitive but Unclassified 
 
1.  (SBU) Following are responses to the Trafficking in Persons report 
for New Zealand, keyed to reftel: 
 
Begin responses: 
 
18.  Overview: 
 
New Zealand fully complies with international standards to eliminate 
trafficking.  New Zealand  problems with internationally trafficked 
persons are quite small by international standards, with less than 50 
cases coming to public attention in the past year.  New Zealand has 
signed the relevant international instruments dealing with trafficking 
and has adopted tough domestic legislation to criminalize trafficking 
with a maximum penalty of 20 years in prison and substantial fines. 
The government has effective control over borders and points of entry; 
corruption of officials is not an issue in New Zealand.  The country 
main 
urban areas have been the primary destination for trafficked 
individuals.  The National Human Rights Commission works effectively 
with government and non-government organizations to ensure that 
trafficked individuals are treated as victims rather than criminals. 
New Zealand has begin developing a National Plan of Action to fight 
trafficking, listing the Department of Labor as the lead agency and 
outlining areas for development in prevention, protection, prosecution, 
and reintegration of victims. 
 
A.  New Zealand has been a country of destination for internationally 
trafficked women in the commercial sex industry.  Most knowledgeable 
sources estimate that the extent of the problem is minimal on the scale 
of perhaps a few dozen individuals per year.  Women tend to form the 
bulk of the trafficked individuals. 
 
B.  In the past, source countries for trafficked individuals have 
included Thailand, Malaysia, and other Asian countries.  The primary 
destination in New Zealand is usually Auckland, New Zealand  largest 
city.  Child prostitution is a problem throughout the country, but 
major urban centers are best able to provide support resources to 
victims. 
 
C.  New Zealand's primary source of trafficking remains child 
prostitutes, who have been the subject of increased focus by regional 
and national governmental and non-governmental organizations over the 
past year. 
 
Despite the January 2001 decision ending visa free entry for Thai 
nationals, there have been indications that Thai commercial sex workers 
have been coming to New Zealand to engage in prostitution.  As 
prostitution is legal in New Zealand, however, these activities would 
be prosecuted as visa violations if uncovered. 
 
D.  There is no plan to document the extent of trafficking; instead the 
focus is on ensuring that programs exist to deal with traffickers and 
victims as they come to light.  The Government's strategy has been 
outlined in New Zealand  recent National Plan of Action (see 18g). 
 
E.  Limited evidence of internationally trafficked persons into New 
Zealand suggests that most understand that they are going to work in 
the commercial sex industry.  In the past, trafficked individuals also 
worked in the construction and garment industries.  From time to time, 
bonds are required for commercial sex workers to pay for entry into New 
Zealand and pimps/facilitators have been known to withhold passports 
pending payment of the bonds. 
 
F.  N/A 
 
G.  Yes.  In February 2002 the government introduced legislation to 
criminalize the trafficking of persons into New Zealand.  The 
legislation imposes penalties of up to 20 years in prison and USD 
200,000 in fines.   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. The Government of New Zealand initiated a National Plan 
of Action (NPA) in February 2005, which names the Department of Labour 
(which includes the Immigration Service) as the lead agency in 
coordinating anti-trafficking strategies.  While the terms of reference 
are still being discussed, the short-term strategy involves the 
following: Mapping trafficking assistance process; Consensus on NPA 
elements; establishing procedures for victim identification; providing 
access of victims to specialized shelters; Awareness-raising on TIP and 
training programs on TIP. 
 
H.  No.  New Zealand receives top-level international ratings for lack 
of corruption among its public officials.  There is no evidence to 
suggest that government officials have taken bribes from traffickers. 
 
I.  Resources appear adequate given the size of the problem.  The 
government funds programs through its ministries as well as providing 
funding to NGOs that deal with trafficking issues. 
J. New Zealand is currently reviewing its anti-trafficking efforts, and 
drafting a National Plan of Action which will address the prevention of 
trafficking in persons, protection of victims, prosecution of 
traffickers and the reintegration of victims (see 18g.) 
 
K. The 2003 Prostitution Reform Bill legalized prostitution, and 
solicitation was no longer a crime.  The legislation set a minimum age 
of 18 to work in the industry, gives prostitutes the same workplace 
protections as other industries, and provides for a licensing regime 
for brothels.  In addition, the law removes a client's ability to 
defend himself from prosecution based on his belief that an underage 
sex worker was 18 years or older, and extends prosecution to any person 
receiving financial gain from an act involving an underage sex worker. 
The law prohibits sex tourism, and citizens who commit child sex 
offenses overseas can be prosecuted in New Zealand courts.  There were 
no reports of abuse or the involuntary detention of women involved in 
prostitution during the year; however, there were several credible 
reports that women smuggled into the country were forced into 
prostitution to repay substantial debts to traffickers.  There were 
also reports that some foreign commercial sex workers had their 
passports withheld by employers until bonds were repaid.  There were 
also allegations that children engaged in prostitution did so to repay 
debts to local gangs. 
 
A Prostitution Law Review Committee was created in conjunction with the 
Bill and is tasked with reviewing the operation of the Act and 
reporting on its findings within 5 years.  The Committee is expected to 
release a report in March that reports on the number of sex workers in 
New Zealand, the first report of its type. Anecdotal evidence indicates 
that street prostitution has increased since the Bill was passed. 
Police have noted that it is difficult to prosecute under-age 
commercial sex workers as they are prevented from requiring 
identification.  As many child prostitutes do not see themselves as 
victims, and do not cooperate with the police, the police are finding 
it difficult to indict violators.  A number of test cases are working 
through the courts, which will indicate the effectiveness of 
enforcement efforts on brothel owners. 
 
L.  There is no evidence, anecdotal or otherwise, to indicate that the 
buying of selling of child brides occurs in New Zealand.  Boys and 
girls in New Zealand may marry at age 16, provided they have written 
parental consent.  They may marry without consent at age 20. 
 
19.  Prevention: 
 
A.  Yes, New Zealand is at the forefront of international efforts to 
combat trafficking in persons.  New Zealand acknowledges that 
trafficking is a problem, although they have disagreed with the USG 
definition of children engaged in the commercial sex industry, often 
defining this as child abuse or neglect.  The Prostitution Reform Bill 
was passed in an effort to protect commercial sex workers and in 
particular to block the commercial sexual exploitation of children. 
New Zealand's trafficking legislation defines minors as those under 16 
years of age. Proposed changes to New Zealand's Crimes Act would 
criminalize the trafficking in persons for youths aged 16-18, thereby 
extending the definition of minors to those under 18 years of age and 
fulfilling NZ's obligations under the UN Convention on the Rights of 
the Child.  The changes would also criminalize child sex tourism. 
 
B.  The Department of Labour, the Human Rights Commission, the Ministry 
of Foreign Affairs and Trade, the Ministry of Justice, the Ministry of 
Health, the Ministry of Child, Youth and Family and the New Zealand 
Police. 
 
C.  A highly successful Thai language anti-trafficking campaign was 
launched in 1999 to target Thai women in the commercial sex industry. 
The government extends substantial resources to combat trafficking in 
persons. 
 
NGOs including the New Zealand Prostitute's Collective (NZPC), the 
Maxim Institute, the Women's Refuge, Shakti Migrant Services Trust and 
the Salvation Army offer programs to commercial sex workers on the 
street, offering "life options."  While the major NZ organization 
dealing with trafficking (End Child Prostitution and Trafficking, or 
ECPAT) primarily targets demand, all NGOs focus on offering assistance 
to victims.  The NZPC has helped underage prostitutes to find alternate 
employment or assisted them in returning to school. 
D.  New Zealand supports international efforts to combat trafficking. 
A number of these campaigns are now provided in a range of languages to 
make new immigrants and refugees aware of their rights while living in 
New Zealand, including employment rights and human rights. 
E.  Yes. 
F.  There are excellent cooperative relations between the government, 
NGOs and elements of civil society on the trafficking issue.  The GNZ 
funds many NGOs and civil society institutions combating this problem. 
 
G.  Yes. 
 
H.  Yes, while in the past the National Human Rights Commission 
coordinated responses to these problems, the Department of Labour has 
been named the primary coordinating agency for anti-trafficking 
efforts. 
 
I.  The Government actively participates in multilateral and efforts to 
prevent, monitor and control trafficking. 
 
J.   Yes.  While the Department of Labour is the lead coordinating 
agency, the Department of Internal Affairs, Ministry of foreign Affairs 
and Trade, the Department of Child, Youth and Family Services, the 
office of the Commissioner for Children, the New Zealand Law Society, 
the Ministry of Pacific Island Affairs, End Child Prostitution, Child 
Pornography and Trafficking of Children for Sexual Purposes, Ministry 
of Youth Affairs, Ministry of Justice, Ministry of Health, Ministry of 
Social Development, Human Rights Commission, New Zealand Customs 
Service, Department of Courts, and the Ministry of Education are all 
involved in the development and implementation of NZ's anti-trafficking 
National Plan of Action.  The plan is still in the initial stages, and 
consultations are ongoing.  They will include input from NGOs. 
 
K.  The agencies and ministries mentioned in 19k support a wide range 
of programs that, while not always specifically addressing trafficking, 
are working to explain worker rights and keep minors from entering the 
commercial sex industry. 
 
20.  Highlight here change in Prostitution Reform Law. 
 
A.  New Zealand passed tough legislation criminalizing smuggling and 
trafficking in human beings in 2002 (See 17A). 
 
B.  Twenty years imprisonment and USD 500,000 fine. 
 
C.  Sexual violation is punishable by a term of imprisonment not to 
exceed 20 years. 
 
D.  Yes. A NZ man was charged with assisting a 16-year-old girl to 
provide commercial sexual services and with pimping - receiving money 
from those services.  His was the first case tried following the 
passage of the Prostitution Reform Bill, which provides for harsher 
penalties, including a maximum jail sentence of seven years. 
 
There is an on-going court case which will decide whether or not a 
brothel owner is liable for hiring an underage prostitute if they were 
shown false identification. 
 
E.  There is no clear evidence on this subject, however, police 
speculate that small-scale Asian organized crime groups participate in 
this illegal trade.  The police have a dedicated unit for international 
organized crime, which may overlap with anti-trafficking efforts. There 
are no reports of government officials having been involved in this 
trade. 
 
F.  Yes. 
 
G.  The government has provided training to other government officials 
 articularly non-governmental organizations in Thailand  n methods 
to protect child witnesses in criminal proceedings. 
 
H.  Yes.  The government participates in all international fora on 
anti-trafficking, and has in the past worked closely with the 
Government of Thailand to assist victims of trafficking. 
 
I.  Yes.  The government allows extra-territoriality to apply in child 
sexual exploitation cases committed by New Zealanders overseas. 
 
J.  No. 
 
K.  N/A 
L. While there is not a large-scale problem, NZ has cooperated in the 
prosecution of NZ citizens that have engaged in child sex tourism 
overseas. 
 
M.  ILO Convention 182 was ratified on June 14, 2001.  ILO convention 
105 was ratified on June 14, 1968.  The Optional Protocol to the 
convention on the rights of the child on the sale of children, child 
prostitution and child pornography was signed on September 7, 2000. 
The protocol to prevent, suppress and punish trafficking in persons, 
especially women and children, supplementing the UN convention against 
transnational organized crime was ratified on July 19, 2002. 
 
21.  A.  The government has provided short-term sanctuary, witness 
protection, access to medical services and repatriation. Sexual abuse 
victims are eligible for support from the Accident Compensation 
Corporation.  This includes medical assistance at state expense. 
 
B.  Yes.  The government supports a wide range of NGOs including the 
New Zealand Prostitutes Collective that provide services to commercial 
sex workers some of whom may have been trafficked. 
 
C.  Yes.  Post has no knowledge of trafficked victims who have been 
jailed, fined or deported.  Illegal immigrants have been jailed, fined 
and deported. 
 
D.  Yes.  In smuggling cases, the government encourages victims to 
support investigations and prosecutions of smugglers. 
 
E.  Yes. 
 
F.  Yes.  The government provides special training in dealing with all 
aspects of children and the law. 
 
G.  In the case of a Thai woman forced into bondage and prostitution, 
they worked with a Thai NGO to help any victims of trafficking assisted 
in NZ and returned to Thailand. 
 
H. New Zealand citizens are entitled to a wide range of social, mental 
and physical services, regardless of circumstance. 
 
I. ECPAT New Zealand, Ending Child Prostitution and Trafficking is the 
lead NGO in this field and works closely with the government. 
 
End responses. 
 
3.  Embassy POC for the trafficking in persons issues is Political 
Officer Dorothy Rogers, Telephone (644) 462-6043 Fax (644) 472-3537. 
 
Burnett