Crimes Act 1961

98C Smuggling migrants

• (1) Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to enter New Zealand or any other State, if he or she—

  • (a) does so for a material benefit; and

  • (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

  (2) Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to be brought to New Zealand or any other State, if he or she—

  • (a) does so for a material benefit; and

  • (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and

  • (c) either—

    • (i) knows that the person intends to try to enter the State; or

    • (ii) is reckless as to whether the person intends to try to enter the State.

  (3) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

  (4) Proceedings may be brought under subsection (1) even if the unauthorised migrant did not in fact enter the State concerned.

  (5) Proceedings may be brought under subsection (2) even if the unauthorised migrant was not in fact brought to the State concerned.

  Section 98C: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).