New Zealand Court Convicts Samoan Chief for Human Trafficking and Slavery

Must Read

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

Publication of Notices for Inter-Faith Marriages No Longer Mandatory: Allahabad High Court

The Allahabad High Court has passed a landmark judgment that likely brings relief to inter-faith marriage. The Court on Wednesday said that the mandatory publication of Notices of Inter-Faith marriages will now be optional to protect the Privacy and Liberty of the Couple. The Court observed that the publication of the notice would “invade the fundamental rights of liberty and privacy”. Therefore, it has made it optional for the couple, they can now request in form of writing to a marriage officer to publish or not to publish a notice regarding the marriage.

Follow us

Joseph Auga Matamata is a New Zealand based Samoan chief. The 65-year-old was found guilty by the High Court, Napier. He was accused of illegally trafficking Samoan nationals to New Zealand for 25 years. The victims were subject to forced labor and slavery.

Background

Matamata illegally bought relatives from his village in Samoa to New Zealand. The workers were promised wages but received nothing. The Samoan nationals were exploited and forced to work for Matamata’s financial gains in the Horticulture industry. The victims were bound on a farm with a tall fence and locked gate. Communicate was forbidden with each other or with the outside world. Matamata faces ten counts of trafficking and 13 counts of slavery.

Arguments

The victim statements alleged that they were promised work and money to lure them into his property. The victims were assaulted and made to work for long hours.

The Crown appealed to the jury to look at the offenses as two sides of the same coin. Matamata trafficked the victims into New Zealand and then exploited them for labor through slavery. It was argued that Matamata trafficked people for 25 years. He did so for his monetary gains.

Matamata’s counsel argued based on Cultural discount for prison time. The Samoan Culture holds the ‘Matai’ or the head of the family to be the leader of the family. The decisions of the Matai are not to be questioned and are to be assumed to be taken in the best interests of the family. The counsel submitted that the decisions of the defendant were motivated by his Samoan culture rather than the conceptual understanding of the interests of the victims.

Legislation

The New Zealand legislation holds human trafficking to be one of the most severe offenses. The maximum penalty for this crime is 20 years imprisonment. There is a concept of the Minimum Period of Imprisonment (MPI) before eligibility to apply for parole. The MPI is usually 50% of the prison time. Severe crimes are generally given an MPI as an added restriction. The court, in this case, did not provide for an MPI.

Court’s Opinion

Justice Helen Cull presided the court. The court discussed the sentencing goals to be denunciation and deterrence. The crimes of human trafficking and slavery are abhorrent crimes with one of the victims being just 12 years old. The court was in the opinion that the exploitation of fellow human beings is unacceptable. The International Obligation of the nation in eradicating these crimes was an essential factor.

Court’s Decision

The Court ordered Matamata to pay $183,000NZ and was sentenced to 11 years in prison. The Court also held that Matamata is to undergo the Medium Intensity Rehabilitation program. This was because of the transformational system to address his mental state towards violence.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

Publication of Notices for Inter-Faith Marriages No Longer Mandatory: Allahabad High Court

The Allahabad High Court has passed a landmark judgment that likely brings relief to inter-faith marriage. The Court on Wednesday said that the mandatory publication of Notices of Inter-Faith marriages will now be optional to protect the Privacy and Liberty of the Couple. The Court observed that the publication of the notice would “invade the fundamental rights of liberty and privacy”. Therefore, it has made it optional for the couple, they can now request in form of writing to a marriage officer to publish or not to publish a notice regarding the marriage.

Bombay High Court to NIA: Consider Health and Age of Varavara Rao Before Opposing His Bail Plea

The Bombay HC on Wednesday observed that ‘we are all humans’ and asked the National Investigation Agency and the Maharashtra Government to consider the health and age of the Telugu poet-activist Varavara Rao before making submissions in response to his bail plea application on medical grounds.

Supreme Court Agrees To Examine Centre’s Plea To Keep Adultery a Crime in Armed Forces

The Centre appealed to the Supreme court on Wednesday, pleading that the 2018 judgment of decriminalizing adultery under IPC must not apply to the armed forces. The Supreme Court in a path-breaking verdict in 2018 decriminalized adultery and declared all its provisions unconstitutional as it diminishes the value of women, but maintained that it continues to be a ground for divorce.

Supreme Court Examines the Pollution in Yamuna River for the Second Time

The Supreme Court on Wednesday made a second attempt to clean the Yamuna river by taking a Suo Moto Cognizance of significantly high levels of ammonia water discharged from neighbouring states like Haryana into Delhi.

Fetus Suffering From Anencephaly, Woman’s Plea To Terminate 28-Weeks Pregnancy Allowed by Delhi HC

Based on the report of the medical board constituted by AIIMS, the Delhi High Court on Monday allowed a petition filed by a woman seeking the termination of her 28-weeks pregnancy. They said in its report that the fetus suffered from anencephaly, a disorder where the skull bone is not developed and was thus incompatible with life, therefore her fetus can be aborted.

More Articles Like This

- Advertisement -