The Crimes (Increased Penalties for Slavery Offences) Amendment Bill was introduced by Maungakiekie MP Greg Fleming and passed its first reading yesterday.

The bill proposes aligning penalties for slavery offences with those for trafficking in persons under the Crimes Act.

World Vision’s Head of Advocacy and Justice Rebekah Armstrong says this is a positive move, but emphasises that comprehensive modern slavery legislation is urgently needed to tackle the systematic gaps that continue to hinder justice and victim protection.

“Our legal framework is simply not up to the task of protecting victims effectively and it is the survivor-victims of modern slavery who are suffering the most due to these gaps in our legislation,” she says.

Fleming indicated in his speech that further amendments may be considered, and Armstrong, says these can’t come soon enough.

“Simply raising penalties, without broader reforms to address other inadequacies in modern slavery law leaves our legislative framework lacking if we want to prosecute these crimes effectively and protect survivor-victims adequately,” she says.

An amendment to the Crimes Act introduced in 2002 (Section 98D) was intended to provide greater provision for prosecution around trafficking in persons, but in the past 20 years only four prosecutions for trafficking offences have been brought.

All four have relied on a single, narrow definition of trafficking (namely, arranging entry of a person into New Zealand by deception). Significant parts of the trafficking provision, such as the use of means other than deception, and forced labour, have never been used to secure a charge or prosecution.

Last week a team of independent experts, including Armstrong, released a full and comprehensive draft Modern Slavery Bill which could be introduced to Parliament if both major parties so desired.

If introduced, the draft bill would strengthen New Zealand’s ability to prosecute offenders and identify survivor-victims and better align our approach with international jurisdictions.

“Our draft comprehensive modern slavery bill provides a roadmap for robust legislation that will not only help prevent modern slavery but also protect survivors and hold offenders accountable,” she says.

Armstrong says this is what a recent United Nations human rights review indicated New Zealand needed.

“At the UN review, 15 countries signalled that New Zealand needed to strengthen its modern slavery laws. The government has accepted these recommendatinos, but now needs to take action to deliver on them,” Armstrong says.

World Vision is urging MPs to properly and comprehensively address modern slavery by introducing the draft modern slavery bill to Parliament.

"A thoughtful, well-balanced and robust piece of legislation is ready to be introduced to Parliament. It addresses all the current shortcomings in the Crimes Act—now and it simply awaits political endorsement."

This issue transcends politics Armstrong says. “It’s time for New Zealand to lead on modern slavery reform, ensuring we protect victims, prosecute offenders, and uphold our international commitments.”

Notes:

The Combatting Trafficking in Persons and Modern Forms of Slavery Bill (Modern Slavery Bill) was released last week by the Modern Slavery and Trafficking Expert Practitioners Group

Key Highlights of the Bill:

• Enhances New Zealand’s ability to combat trafficking in persons and modern slavery, aligning with international standards.
• Mandates private and public entities to report on how they identify, address, mitigate, and remediate risks of trafficking in persons and broader forms of modern slavery within their operations and supply chains.
• Establishes an Independent Anti-Slavery Commissioner to monitor progress and provide accountability.
• Strengthens legal provisions related to trafficking in persons offences (updates sections 98B and 98D of the Crimes Act).
• Strengthens protections for victims of trafficking in persons.

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