Version as at 6 November 2021 Crimes Act 1961 Part 5 s 98D unauthorised migrant, in relation to a State, means a person who is neither a citizen of the State nor in possession of all the documents required by or under the law of the State for the person’s lawful entry into the State. Section 98B: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20). Section 98B for a material benefit: repealed, on 20 May 2005, by section 3(3) of the Crimes Amendment Act 2005 (2005 No 41). 98C Smuggling migrants (1) (2) Every one is liable to the penalty stated in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. 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). 98D Trafficking in persons (1) Every person is liable to the penalty stated in subsection (2) who arranges, organises, or procures— (a) the entry of a person into, or the exit of a person out of, New Zealand or any other State— (i) for the purpose of exploiting or facilitating the exploitation of the person; or 73