9 Right not to be subjected to torture or cruel treatment
Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
18 Freedom of movement
(1) Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.
(2) Every New Zealand citizen has the right to enter New Zealand.
(3) Everyone has the right to leave New Zealand.
(4) No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law.
22 Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained.New Zealand Bill of Rights Act
98 Dealing in slaves
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,—
(a) sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or
(b) employs or uses any person as a slave, or permits any person to be so employed or used; or
(c) detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or
(d) induces any person to sell, let, or give himself, or any other person dependent on him or in his charge, as a slave; or
(e) in any case not covered by paragraph (d), induces any person to sell, let, or give any other person into debt bondage or serfdom; or
(f) builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e); or
(g) for gain or reward gives in marriage or transfers any woman to another person without her consent; or
(h) is a party to the inheritance by any person of a woman on the death of her husband; or
(i) being a parent or guardian of any child under the age of 18 years, delivers that child to another person with intent that the child or his labour shall be exploited; or
(j) agrees or offers to do any of the acts mentioned in this subsection.
(2) For the purposes of this section—
debt-bondage means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined serfdom means the status or condition of a tenant who is by any law, custom, or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition slave includes, without limitation, a person subject to debt bondage or serfdom.
98AA Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour
(1) Every one is liable to imprisonment for a term not exceeding 14 years who—
(a) sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of—
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person; or
(iii) the engagement of the person in forced labour; or
(b) engages a person under the age of 18 years in forced labour; or
(c) permits a person under the age of 18 years to be engaged in forced labour; or
(d) detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of—
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person; or
(iii) the engagement of the person in forced labour; or
(e) removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of—
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person for a material benefit; or
(iii) the engagement of the person in forced labour; or
(f) induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of—
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person for a material benefit; or
(iii) the engagement of the person in forced labour; or
(g) induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of—
(i) the sexual exploitation of the other person; or
(ii) the removal of body parts from the other person;
or
(iii) the engagement of the other person in forced labour; or
(h) builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or
(i) agrees or offers to do an act stated in any of paragraphs (a) to (h).
(2) It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.
(3) For the purposes of subsection (1), sexual exploitation, in relation to a person, includes the following acts:
(a) the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated):
(b) the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person’s genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5)):
(c) the person’s participation in a performance or display (not being an act described in subsection (4)) that—
(i) is undertaken for a material benefit; and
(ii) involves the exposure of the person’s genitalia, anus, or breasts:
(d) the person’s undertaking of an activity (for example, employment in a restaurant) that—
(i) is undertaken for a material benefit; and
(ii) involves the exposure of the person’s genitalia, anus, or breasts.
(4) For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.
(5) For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts for the purpose of depicting a medical condition, or a surgical or medical technique, for the instruction or information of health professionals.
(6) For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts if the images are honestly intended—
(a) to provide medical or health education; or
(b) to provide information relating to medical or health matters; or
(c) to advertise a product, instrument, or service intended to be used for medical or health purposes.
(7) The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.
(8) This section does not limit or affect the generality of section 98.
98B Terms used in sections 98C to 98F
In sections 98C to 98F, unless the context otherwise requires,—
act of coercion against the person includes—
(a) abducting the person:
(b) using force in respect of the person:
(c) harming the person:
(d) threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person
act of deception includes fraudulent action
arranges for an unauthorised migrant to be brought to a State includes—
(a) organises or procures the bringing to a State:
(b) recruits for bringing to a State:
(c) carries to a State
arranges for an unauthorised migrant to enter a State includes—
(a) organises or procures the entry into a State:
(b) recruits for entry into a State:
(c) carries into a State
document includes a thing that is or is intended to be—
(a) attached to a document; or
(b) stamped or otherwise signified on a document
harming of a person means causing harm of any kind to the person; and (in particular) includes—
(a) causing physical, psychological, or financial harm to the person:
(b) sexually mistreating the person:
(c) causing harm to the person’s reputation, status, or prospects
unauthorised migrant, in relation to a State, means a person who is neither a citizen of the State nor in possession of all the documents required by or under the law of the State for the person’s lawful entry into the State.
98D Trafficking in people by means of coercion or deception
(1) Everyone is liable to the penalty stated in subsection (2) ho arranges, organises, or procures—
(a) the entry of a person into, or the exit of a person out of, New Zealand or any other State—
(i) for the purpose of exploiting or facilitating the exploitation of the person; or
(ii) knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or
(b) the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—
(i) for the purpose of exploiting or facilitating the exploitation of the person; or
(ii) knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.
(2) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.
(3) Proceedings may be brought under this section even if—
(a) parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:
(b) the person exploited, coerced, or deceived—
(i) did not in fact enter or exit the State concerned; or
(ii) was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.
(4) For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—
(a) prostitution or other sexual services:
(b) slavery, practices similar to slavery, servitude, forced labour, or other forced services:
(c) the removal of organs.
98E Aggravating factors
(1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D, a court must take into account—
(a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:
(b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)):
(c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:
(d) if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.
(2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account—
(a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:
(b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:
(c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.New Zealand Crimes Act
20 No person may assist person under 18 years in providing commercial sexual services
No person may cause, assist, facilitate, or encourage a person under 18 years of age to provide commercial sexual services to any person.
21 No person may receive earnings from commercial sexual services provided by person under 18 years
No person may receive a payment or other reward that he or she knows, or ought reasonably to know, is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age.
22 No person may contract for commercial sexual services from, or be client of, person under 18 years
(1) No person may enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person.
(2) No person may receive commercial sexual services from a person under 18 years of age.
23 Offence to breach prohibitions on use in prostitution of persons under 18 years
(1) Every person who contravenes section 20, section 21, or section 22 commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years.New Zealand Prostitution Reform Act
10. Crimes against humanity—
(1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in New Zealand or elsewhere, commits a crime against humanity.
(2) For the purposes of this section, a ``crime against humanity'' is an act specified in article 7 of the Statute.
11. War crimes—
(2) For the purposes of this section, a ``war crime'' is an act specified in—
(b) article 8(2)(b) of the Statute (which relates to other serious violations of the laws and customs applicable in international armed conflict); or
(d) article 8(2)(e) of the Statute (which relates to other serious violations of the laws and customs applicable in armed conflict not of an international character).
Paragraph 329
Compendious legislation has been in force for many years prohibiting slavery and similar practices, the most recent being the Crimes Act 1961. Section 98 of the Act… prohibits certain practices to bring New Zealand legislation more closely into line with the Supplementary Convention on the abolition of slavery, the slave trade and institutions and practices similar to slavery…
Section 98 of the Crimes Act provides for a penalty of up to fourteen years for the acts listed (a) to (h), with the exception of € which would be covered by the sections of the Act dealing with assaults and injuries to the person.
