People smuggling and trafficking legislation to be fortified

Consent will be irrelevant if victim is under 18 or coercion or deception is present

People smuggling and trafficking legislation to be fortified

Paul Goldsmith, justice minister, has announced that the government intends to strengthen its people smuggling and trafficking laws to hold criminals accountable for their actions, as part of the planned reforms to the Crimes Act 1961. 

In a news release from the government, Goldsmith said the contemplated changes seek to prevent criminals from utilising loopholes to escape crime’s real consequences, which the government prioritises in its ongoing progress to help restore law and order. 

According to the government’s news release, the proposed amendments aim to: 

  • Eliminate the requirement to establish coercion or deception when the trafficking victim is younger than 18 years old 
  • Explicitly state that consent is irrelevant when the trafficked victim is under 18 or when coercion or deception is present 
  • Prevent the smuggling of migrants into New Zealand with authentic, but fraudulently acquired travel documents 
  • Better protect undercover police officers investigating child exploitation cases 

“Those who traffic, smuggle, and exploit other human beings are preying on some of our most vulnerable, and causing egregious harm, particularly to women and children,” Goldsmith said in the news release. 

Relevant stats

According to Goldsmith, while the government has identified more than 50 trafficking victims since 2009, it has brought only four prosecutions, with only two of those resulting in convictions. 

“This doesn't make sense, and our fear is this is just the tip of the iceberg,” Goldsmith said in the news release. 

Goldsmith stressed that the existing legislation does not fit its purpose, involves challenging prosecutions in trafficking proceedings, and leads to lighter sentences for offenders. Goldsmith said these laws should align more with United Nations conventions and other international standards. 

In the government’s news release, Goldsmith expressed gratitude to Member of Parliament Greg Fleming, whose member’s bill came before the House, for his efforts. 

On 24 July 2025, Goldsmith announced that legislation enabling New Zealand to join the Council of Europe Convention on Cybercrime (Budapest Convention), the only binding international cybercrime treaty, passed its third reading in Parliament. 

In the government’s prior news release, Goldsmith noted that this legislation included minor changes to the Crimes Act 1961 to ensure that cybercrime and computer-related offences are comprehensive and compliant with the Budapest Convention.