Current legislation
New Zealand is a signatory to various international conventions that influence its stance on child trafficking, including the United Nations Convention on the Rights of the Child (UNCRC) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol).
The UNCRC is a comprehensive human rights treaty that enshrines specific children’s rights in international law. It was adopted by the United Nations in 1989. It establishes international standards for the treatment of children including defining children’s rights, principles in the best interest of the child and standards for how Governments should work together to ensure children’s rights.
The New Zealand government is required to submit a report every eight years to the UNCRC. These reports are required to explain how New Zealand is tracking with regards to implementing UNCRC protocols. The latest report submitted was in January 2023. Key observations made by UNCRC in response to this report regarding child sexual exploitation included recommendations for New Zealand to:
- Strengthen its legal framework to ensure all forms of exploitation of children, including online child sexual exploitation, are criminalised.
- Improve data collection to better track cases of child exploitation, ensuring that accurate statistics inform policy and responses.
- Enhance support systems for victims of child exploitation, including psychosocial assistance, rehabilitation, and reintegration programmes.
- Increase public awareness campaigns to inform children and adults about the risks and realities of child exploitation and how to seek help.
There are definite gaps in New Zealand’s legislation regarding child sexual exploitation. Whilst some progress has been made, the Trust offers recommendations that we believe would strengthen existing New Zealand legislation.
Current New Zealand legislation includes:
- The Oranga Tamariki Act 1989, or children’s and young people‘s well-being act 1989, is an act of the New Zealand parliament that was passed in 1989. The acts main purpose is to promote the well-being of children, young persons and their families and family groups.
- The Crimes Act 1961 criminalises sexual exploitation, including offenses related to trafficking.
- The Victims' Rights Act 2002 ensures that victims of crimes, including trafficking, receive appropriate support and protection. NZ Customs Services¹ and DIA² also have legislation about Child Sexual Abuse Material.
- The Films, Videos, and Publications Classification Act (FVPCA) is a New Zealand Act 1993.
This act is an act of parliament in New Zealand. It repealed the indecent publications act 1963, the films act 1983 and the video recordings act 1987.
FVPCA aims to:
- Restrict access to harmful content
- Prevent access to banned content
- Ensure that commercial films and streaming services provide adequate consumer information
- Outline classification and labelling requirements
- Prohibit objectionable content.
The FVPCA is enforced by the Digital Safety Group (DIA), which works with domestic and international partners.
Government
Whilst NZ Police, NZ Customs Service, Department of Internal Affairs (DIA), Ministry of Social Development and Oranga Tamariki provide work in this area, they also collaborate very closely together.
DIA inspectors are responsible for the role of monitoring NZ Internet websites and newsgroups and enforcing the Films, Videos, and Publications Classification Act 1993 (‘The Act’). They proactively prosecute New Zealanders who trade anything deemed as “digital child exploitation” on the internet via the Act.
For more information, download the PDF Online Digital Child Exploitation - Information brochure
Gaps in our legislation
Current New Zealand legislation is not protecting children against child sexual exploitation. Some of the current legislative gaps include:
- Inconsistent Definition: The Crimes Act 1961 requires proof of deception or coercion for successfully prosecuting traffickers. This is inconsistent with international standards that recognises that there is no need to prove means of coercion or deception to charge someone for trafficking.
- Victim Identification: Lack of a national referral mechanism results in the failure to formally identify victims of sex trafficking, which impact the prosecution of traffickers and protection of victims.
- Lack of Comprehensive Legislation: Efforts to introduce a Modern Slavery Bill have stalled, and existing laws do not adequately address modern slavery. The New Zealand government has made it clear that legislation on modern slavery is not a current priority.
The Saint Nicholas Children's Trust's recommendations for NZ legislation
Background
International law recognises that there is no need to prove means of coercion or deception to charge someone for trafficking or exploiting a child, as children are unable to understand the situation or provide informed consent.
However, the current definition of human trafficking in New Zealand’s Crimes Act requires proof of coercion or deception, regardless of age. We want to ensure that child traffickers receive the punishments suited to their crime so that children who are trafficked are more likely to receive justice.
Therefore, we urge for amendments to be made to the Crimes Act to recognise that proof of coercion or deception is not necessary to prosecute someone for child sex trafficking, thereby aligning legislation with international law.
Our recommendations are:
- Update Section 98 of the Crimes Act to include a definition of child sexual exploitation clarifying that child sexual exploitation can happen without the means of coercion and or deception¹. This would align with international laws, such as the Palermo Protocol. This has been a key recommendation in the ‘Trafficking in Persons Report’ for the New Zealand Government since 2017.
- Establish a national referral mechanism². This is so sex trafficking victims can be appropriately identified and receive the support that they need. It would also contribute to the effective prosecution of traffickers, ensuring adequate criminal sentences. This is particularly relevant for child sexual exploitation contact offending
- Strengthen NZ’s legal framework to ensure all forms of sexual exploitation of children, including online child sexual exploitation, are criminalised.
- Prioritise Modern slavery legislation.
NB: There has recently been improved training of social workers and schoolteachers about human trafficking, including child sex exploitation, due to the collaboration between government officials, frontline workers and police support services. This is welcomed as are the recommendations from the Abuse in Care Royal Commission of Inquiry. For more information, visit the research findings).
¹ This has been a key recommendation for the New Zealand government in the trafficking and persons report since 2017.
² A repeated recommendation from the TIP report.
