New Zealand (Aotearoa) is making significant strides in addressing modern slavery and human trafficking with the introduction of the Crimes Amendment Bill. Introduced in early December 2025, the bill promises to close some of the major gaps in New Zealand’s existing slavery and trafficking offences in the Crimes Act. This update comes at a critical time, as New Zealand looks to strengthen its response to these horrific crimes and align with international standards in the Palermo Protocol.
What are the key changes?
One of the most notable changes in the Crimes Amendment Bill is the shift in how child trafficking cases are handled. Previously, the legal burden required proving that coercion or deception had been used to exploit the victim. However, in cases where the victim is a child, this requirement is now removed, and consent is explicitly irrelevant. This adjustment brings New Zealand’s legal framework closer to how child trafficking truly operates, recognising that children are often exploited without their consent or under coercion, often through more subtle means.
Additionally, the bill updates the definition of trafficking in persons, aligning it more closely with the international standard set by the Palermo Protocol. This alignment is crucial for ensuring consistency in the language used across borders, aiding prosecution efforts, and making sure that New Zealand’s laws reflect the reality of trafficking in today’s world.
Further improvements
The bill also brings in some significant improvements to the penalties associated with trafficking and slavery offences. Penalties for key offences are being increased, with sentences for some crimes rising from 14 to 20 years. This demonstrates a commitment to more robust enforcement and sending a clear message that those involved in such crimes will face severe consequences.
The bill’s sections on the Act + Means of trafficking and the Purpose of exploitation are more clearly defined, offering greater clarity on how these crimes operate and how they should be prosecuted. These updates should make prosecutions more feasible and lead to stronger protections for victim-survivors.
Addressing gaps in the legal system
Despite these positive changes, some argue that the bill doesn’t go far enough in addressing the full scope of modern slavery in New Zealand. For example, concerns have been raised over the role of the Family Court in potentially enabling commoditised trafficking through state agencies. These critics argue that systemic issues, such as the lack of oversight and the secrecy surrounding Family Court proceedings, continue to allow trafficking to go unchecked within New Zealand’s legal system.
What’s next for New Zealand?
As the Crimes Amendment Bill moves through Parliament, it’s important to remember that this is not the end of the journey. Legal experts and advocates are continuing to push for additional changes, such as expanding protections for victims and ensuring that systems like the Family Court are held accountable for their role in modern slavery. The full impact of these amendments will only become clear once the law is fully implemented, but the first steps are promising.
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