NZ Government Tightens Trafficking and Smuggling Laws to Close Loopholes

The reforms are part of the Government’s broader campaign to restore law and order by delivering “real consequences for crime” and addressing gaps in existing legislation.

The New Zealand Government has announced major reforms to trafficking and people smuggling laws, aiming to close legal loopholes that have allowed offenders to escape serious consequences. Justice Minister Paul Goldsmith says the changes are designed to strengthen the Crimes Act 1961, making it easier to prosecute offenders and better protect vulnerable victims, particularly women and children.

Since 2009, authorities have identified over 50 victims of human trafficking in New Zealand, but the justice system has seen only four prosecutions – with just two resulting in convictions. Goldsmith says these figures do not reflect the true scale of the problem. “Our fear is that this is just the tip of the iceberg,” he noted. “The reality is these crimes often go unreported or undetected, and when they are exposed, the legal framework makes prosecution unnecessarily difficult.”

According to the Minister, current laws are “not fit for purpose” and do not align with international best practice, including obligations under United Nations conventions. This has led to cases where offenders receive lighter sentences than the gravity of their crimes warrants. “Those who traffic, smuggle, and exploit human beings are targeting some of the most vulnerable members of society. These reforms ensure the law responds with the seriousness such crimes deserve,” Goldsmith said.

Key legislative changes include:

• Stronger protections for minors: Prosecutors will no longer need to prove coercion or deception when the victim is under 18, reflecting the view that any trafficking of a child is inherently exploitative.

• Clearer legal standards on consent: It will be explicit that a victim’s consent is irrelevant when they are under 18 or when coercion or deception has occurred.

• Closing loopholes in document fraud: Migrants will be prevented from being smuggled into New Zealand using authentic travel documents obtained through fraudulent means.

• Enhanced powers for undercover investigations: Police officers working covertly in child exploitation cases will receive greater legal protections to ensure their safety and effectiveness.

These changes stem in part from recommendations and concerns raised during consideration of a Member’s Bill introduced by National MP Greg Fleming, who has been actively advocating for stronger anti-trafficking measures. Goldsmith thanked Fleming for his work and acknowledged the contributions of stakeholders who provided input during the legislative process.

The reforms are part of the Government’s broader campaign to restore law and order by delivering “real consequences for crime” and addressing gaps in existing legislation. Goldsmith emphasised that the updated laws will help bring New Zealand in line with global standards while improving the ability of law enforcement to hold perpetrators to account.

Once enacted, the strengthened legal framework is expected to make it easier for prosecutors to secure convictions, deter would-be traffickers and smugglers, and provide victims with greater access to justice and protection.