Prostitution and brothel keeping are legal in New Zealand. Pimping (deriving financial gain from the prostitution of another) is also legal. Street prostitution is also permitted.
Prior to 2003, prostitution in New Zealand was governed by the Massage Parlours Act 1978, which allowed some indoor prostitution under a facade; indoor sex workers were required to be registered with the police. Advertising the sale of sex ('soliciting'), running a brothel, and living from the earnings of prostitution were illegal.
These laws were changed by the Prostitution Reform Act, which was passed by the narrowest margin in June 2003. The decriminalisation of brothels, pimping and soliciting and substitution of a minimal regulatory model created worldwide interest. Although prior to 2003 New Zealand had several laws meant to suppress prostitution, in practice, during the last decades of the 20th century, there had been a high degree of toleration of the sex trade.
New Zealand prostitution laws are some of the most liberal in the world. New Zealand is one of the few countries in the world where brothels are legal. In many jurisdictions the act of exchanging sex for money is illegal; in most countries it is illegal to operate a brothel and to derive financial gain from the prostitution of another; in Sweden, Norway and Iceland it is illegal to pay for sex (the client commits a crime, but not the prostitute). Countries which allow brothels include the Netherlands, Germany and some Australian states (see Legality of prostitution).
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As with other colonial developments, the earliest known examples of the exchange of sex for material gain in New Zealand occurred in the early period of contact between indigenous Māori and European and American sailors. [1] [2] Along with food, water and timber, sex was one of the major commodities exchanged for European goods. The Bay of Islands and in particular the town of Kororareka was notorious for this and brothels proliferated. [3] [4] It is not clear whether all of these exchanges necessarily constituted prostitution in the usual sense of the word. In some cases the sex may have been part of a wider partnership between a tribe and a ship's crew, akin to a temporary marriage alliance. The amount of choice women had about their participation seems to have varied. Throughout this period there was a severe gender imbalance in the population and women were in short supply. [5]
In the nineteenth century, prostitution was generally referred to as the 'Social Evil'. [6] As with other British dependencies, New Zealand inherited both statute and case law from the United Kingdom, for instance the 1824 UK Vagrancy Act was in force till New Zealand passed its own Vagrancy Act (1866-1884). [7] These included reference to the common prostitute. New Zealand was also amongst those dependencies that British authorities pressured into passing Contagious Diseases Acts, New Zealand's was in force from 1869-1910. [8] [9] [10] These were oppressive Acts, based on the belief, as found in the 1922 report, that women represented vectors for the spread of venereal diseases. It was replaced by the Social Hygiene Act 1917, although these fears reappeared throughout the British Empire in both World Wars. [11] In the post war period the concern was more with 'promiscuity', although prostitution was seen as an extreme form of this. The gendered rationale and practice of venereal disease policy formed a focus for early feminist activism. [12]
Statute law dealing with prostitution in New Zealand at the time of the law reform included the Crimes Act 1961, Massage Parlours Act 1978 (repealed in 2003) and Summary Offences Act 1981. Section 26 of the Summary Offences Act prohibited soliciting, S147 of the Crimes Act prohibited brothel keeping, and S 148 living on the earnings of prostitution, and S 149 procuring. In 2000, the Crimes Act was amended to criminalise both clients and operators where workers were aged under 18 (the age of consent for sexual activity is 16). The Massage Parlours Act effectively allowed indoor commercial sex under a facade. Prostitutes advertised their services as 'escorts' and brothels advertised themselves as 'massage parlours'. Indoor workers were required to be registered with the police, however many police forces also informally registered escorts, and the media required such registration before accepting advertisements.
In 1997 a number of groups came together to hold a Woman's Forum in Wellington, out of which a working group developed to draft a bill, including the NZPC, academics, women's groups (New Zealand Federation of Business and Professional Women, National Council of Women, YWCA), and the AIDS Foundation. Other individuals included legal volunteers and MPs, in particular Maurice Williamson (National, Pakuranga 1987- ), Associate Minister of Health (1990-6) and Katherine O’Regan (National, Waipa 1984-1996, List 1996-9), who championed the bill in parliament.
Labour returned to power (1999-2008) and Tim Barnett (Labour Christchurch Central 1996-2008) assumed responsibility for introducing it as a Private Member's Bill to decriminalise prostitution. This was based on the harm reduction model of New South Wales (1996). The bill was introduced on 21 September 2000 and placed in the ballot box, being drawn as number 3 and debated on November 8 as Bill 66-1 (87:21), passing first reading 87:21. Party support came from the Greens, notably Sue Bradford (List, 1999-2009). It was opposed by New Zealand First who proposed the Swedish approach of criminalising the purchase of sex.. It then proceeded to select committee (Justice and Electoral), [13] which received 222 submissions and heard 66 submissions, amending and reporting in favour of the Bill on 29 November 2002, following the 2002 election, the bill now being referred to as Bill 66-2. Dissenting minority opinions were recorded by the National, New Zealand First, ACT New Zealand and United Future members. This was a Private Member's Bill, and theoretically members were allowed a conscience vote. However the three members of the 1999-2002 coalition ( Labour, Greens, Alliance) all had decriminalisation in their manifestos. Later, the Prime Minister, Helen Clark, lent her support to the bill.
During the parliamentary debates and committees, support came from some women's rights groups, some human rights groups and some public health groups. The police were neutral. Some feminists opposed the decriminalisation of brothels and pimping (see feminist views on prostitution), Christian groups were divided, and fundamentalist religious groups, including Right to Life were opposed.[14]
The Prostitution Reform Act (PRA) passed third reading on 25 June 2003. This bill passed narrowly; of 120 MPs, 60 voted for it, 59 against, and one politician, Labour's Ashraf Choudhary, the country's only Muslim MP, abstained. The result was a surprise as most commentators had expected the bill to narrowly fail. An impassioned speech to parliament by Georgina Beyer, a transsexual and former sex worker, was believed by many observers to have persuaded several wavering MP's, possibly including Mr. Choudhary, to change their votes at the last minute.
The Act replaced the previous legislation, largely removing voluntary adult (18) prostitution from the criminal law and replacing it with civil law at both national and local level. A distinction was made between voluntary and involuntary prostitution. It remains a crime to coerce 'someone to provide sexual services'. Sex work is also prohibited for those on temporary visas, and immigration for and investment in sex work is prohibited. Contracts between provider and client were recognised, and providers have the right to refuse services. Contested contracts can be referred to the Disputes Tribunal. Advertising is banned with the exception of print media which is restricted. The Summary Offences Act remains in force in relation to offensive soliciting. The Criminal Records (Clean Slate) Act 2004 also allows sex workers to apply for previous convictions to be removed from the record. Sex work is recognised (but not promoted) as legitimate work by Work and Income New Zealand. Now workplace safety and health rules, developed in consultation with the prostitutes' collective, apply to sex work. Employment disputes can be referred to the Labour Inspectorate and Mediation Service. There is an obligation on employers and employees to practise and promote safe sexual practices. The Ministry of Health has the responsibility for enforcement. Registration of indoor sex workers with the police was replaced by certification at an administrative law level of brothels employing more than four workers. Prior records have been destroyed. Refusal of a certificate is permitted for prior criminal offences (not necessarily related to prostitution). Police activities changed from registration and prosecution to protection. The Police Manual of Best Practice was amended to include prostitution.
Local government was empowered to develop by-laws for zoning and advertising, but not prohibit sex work.
In summary the Act decriminalised soliciting, living off the proceeds of someone else's prostitution and brothel-keeping.
Following the passage of the Prostitution Reform Act, the Maxim Institute and other conservative Christian organisations tried to gain an appropriate number of signatures for a citizens initiated referendum under the Citizens Initiated Referendum Act 1993. [15] The initiative was sponsored by two United Future MPs, Gordon Copeland, the bill's most outspoken critic, and Larry Baldock. [16] Although it was allowed an extension, anti-prostitution groups fell well short of gaining the number of authenticated signatures required for a citizen initiated referendum.
After the adoption of the Prostitution Reform Act 2003, members of a United Nations women's committee that was looking at how New Zealand was keeping its commitment to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) criticised the government of New Zealand for decriminalising brothels and pimping and asked it to repeal the new law. [17] [18]
Local Government New Zealand provided model by-laws and procedures. A private Bill, the Prostitution Law Reform (Manukau City Council) Amendment Bill 2005 led to hearings before a select committee, but failed to pass its second parliamentary reading on October 11 2006 (46:73). In addition, court challenges have usually failed to uphold more restrictive council by-laws. By 2006, 17 of 74 local governments had drafted or implemented by-laws.
A report on the Prostitution Reform Act 2003 was produced, with the aim of studying the effects of the new legal system. This evaluation was included in 2003, within the Act. In order to help counter criticism, [19] a review on the Prostitution Reform Act 2003 had to be conducted three to five years after the Act came into force.
The evaluation, which presented its final results in May 2008, reported that, although there were still problems, the overall impression was positive. The evaluation however, was attacked by critics, who accused the report of bias, stated that the members of the Committee who worked on the report were supporters of the sex industry, and thus not neutral, and that in reality the situation was much worse than presented in the evaluation.[20][21]
The evaluation released an initial report in September 2006, which indicated that the number of sex workers on the streets was approximately the same as before the Act came into force in 2003, and, in some cases, even slightly reduced, contrary to allegations that it has increased. [22] The extent of sex work was compared to 1999, the only notable change being a trend from managed sex work to the private sector. An examination of entry and exit factors showed that many sex workers said they desired to continue to sell sex, as financial return and independence were attractive features. Workers seemed more empowered, but there was still violence on the streets. Some deficiencies in safe practices, especially for oral sex, were identified. Perceived stigma remained a problem. Inconsistencies were noted between local and central government intent, the former being more restrictive, causing problems for some workers. The PLRC presented its final report in May 2008. It found no evidence for the claims of critics at the time of introduction and it concluded that there was no expansion of the industry. However employment conditions still left a good deal to be desired. Stigma remained a major problem, and the traditional distrust of authorities also remained. The report can be found here: [18]
Following the release of the evaluation of the Prostitution Reform Act 2003, suggestions of bias were raised, and critics stated that the authors of the report were supporters of the sex industry, and thus not neutral. [20][21]
Alex Penk, Maxim Institute's Policy and Research Manager said that: "The report released by the Prostitution Law Review Committee today clearly shows that the Prostitution Reform Act is not making life safer for many of New Zealand's most vulnerable men, women and young people," [23]
In her report "What really happened in New Zealand after prostitution was decriminalized in 2003?", Melissa Farley states that the decriminalisation of prostitution had very negative effects (eg. an increase in human trafficking and street prostitution) and that the NZ Prostitution Law Review Committee "was biased and blatantly favored the sex industry". [21]
Manukau City Council’s portfolio leader for community safety, Councillor Dick Quax, said that the government review of street prostitution in Manukau was very disappointing. He said "It ignores the fact that anti-social behaviour such as harassment and intimidation has become worse since the passing of the legislation decriminalising prostitution." [24] He stated that street prostitution was a very big problem in Manukau:"There are kids going to school with condoms lying on the street and prostitutes still standing around. It's dangerous, not only for the workers themselves but for the rest of the community. We're sick of it (...) The community has had enough. It's not fun to come out in the morning and be having to clean up condoms lying in your garden and on the fence. Cleaning up condoms and needles - it's just not fair". [25]
One particular problem with which New Zealand still appears to struggle is child prostitution, both on the streets and inside brothels (see below--child prostitution).
Street prostitution remains problematic, leading sometimes to conflicts with the locals, which have attempted to curb this phenomenon, by trying to scare off prostitutes' customers, breaking negotiations between prostitutes and clients, and sending the prostitutes' clients letters, tracking them down through their car registration plates.[26]
As in other countries, New Zealand prostitutes work in a variety of settings.
The most dangerous form of prostitution is street prostitution: walking or loitering in a particular area and waiting for clients to drive by. Street prostitutes gather on and around Karangahape Road and Hunter's Corner in Auckland, Vivian Street in Wellington, and Manchester Street, in Christchurch, amongst other places. As with other countries, many of these women are addicted to drugs. Some street prostitutes are underage.[27] Some teenage prostitutes are pimped by gang members. [28] Street prostitution is the most likely entry point for underage people to the sex industry. [29] Street prostitution is particullary problematic in Manukau. Councillor Dick Quax said: (...) involvement of gangs and organised crime in street prostitution has become evident (...) Street prostitution also attracts offensive litter, disorder, drugs and intimidation." [30] Other councillors from other cities, as well as residents, have also complained about the problems associated with street prostitution in their communities (drugs, violence etc).
Many sex workers find employment in brothels or escort agencies. In the brothels, clients come to the place of business, which may be in a commercial area and fairly obvious, sometimes attached to a strip club, or more discreetly in a residential area. Escort agencies take phone calls from clients and arrange for the worker to go to their homes or motels. Typically the business will charge the worker a fee per shift, and will usually also take a set percentage of the client's fee. Some also fine workers for lateness, unprofessional conduct and other misdemeanours, and most require their workers to buy their own clothes and accessories. This means that on a slow night the worker may actually lose money. However, brothels and escort agencies are generally seen as preferable to street prostitution, as their environment appears to be relatively safe. Brothels vary in size between 3 sex workers on duty to up to approximately 30. Brothels and agencies advertise through a range of media, including billboards, the internet, and late night television advertisements, but especially newspaper advertisements, particularly in New Zealand Truth. In regard to brothels, there are problems with brothel owners hiring underage girls (see below-child prostitution).
Sex workers who do not wish to be employed often set up one or two person brothels or agencies, commonly from their homes. Within the definitions of the act these are termed SOOB's (Small Owner Operated Brothels) They tend to rely on classified newspaper advertisements, again, particularly New Zealand Truth.
The vast majority of New Zealand sex workers are biologically female, but there are also male and transgender workers, particularly in Auckland. Both engage in 'sole operator' businesses as described above, and several male brothels and escort agencies exist. In addition, transgender street walkers are not uncommon. Male prostitutes aiming at a male clientele usually advertise in the gay newspaper Express or in New Zealand Truth.
The New Zealand Prostitutes' Collective is an organisation that supports the rights of sex workers in New Zealand, and also provides health and legal assistance, and general support. PUMP (Pride and Unity amongst Male Prostitutes) is a subsection of the collective.
Child prostitution remains problematic, both on the streets and inside brothels.
Some community workers had found girls "as young as 10 or 11" selling sex, and one mentioned students from a West Auckland high school who "turned tricks" at lunchtime. [31] Children as young as 13 were also removed from the streets of South Auckland. [32] Some teenage prostitutes are pimped by gang members. [33]
Brothel owners have been arrested for employing underage girls, including a case where prosecutors applied for the first time the law banning sexual slavery, adopted in 2006 in accordance with the UN Convention on the Rights of the Child (the case involved Christchurch brothel owner who was charged with exploiting underage girls in prostitution; the two girls, ages 16 and 17, worked at the brothel for more than a year). [34]
In 2005, ECPAT New Zealand and the Stop Demand Foundation (two agencies which fight against the sexual exploitation of children) questioned the effectiveness of New Zealand's legislation in relation to underage prostitution; the agencies pointed to a police survey of the New Zealand sex industry which showed that 210 children under the age of 18 years were identified as selling sex, with three-quarters being concentrated in one Police District.[35].
In Christchurch, Salvation Army officer Major Wendy Barney from Christchurch's Street Outreach Service (SOS) said underage prostitution was "a big problem - but also a hidden one". [31]
The Human Rights Reports from 2004-2008 also stated that child prostitution was a problem in New Zealand. [34] [36] [37] [38] [39]
Child prostitution is illegal. The Prostitution Reform Act 2003 with regard to prostitution under the age of 18 reads as follows:[40]
Prohibitions on use in prostitution of persons under 18 years
20. No person may cause, assist, facilitate, or encourage a person under 18 years of age to provide commercial sexual services to any person.
21. No person may receive a payment or other reward that he or she knows, or ought reasonably to know, is derived, directly or indirectly, from commercial sexual services provided by a person under 18 years of age.
22. No person may contract for commercial sexual services from, or be client of, person under 18 years
(1) No person may enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person.
(2) No person may receive commercial sexual services from a person under 18 years of age.
23. Every person who contravenes section 20, section 21, or section 22 commits an offense and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.
(2) No person contravenes section 20 merely by providing legal advice, counselling, health advice, or any medical services to a person under 18 years of age.
(3) No person under 18 years of age may be charged as a party to an offense committed on or with that person against this section.
Under the PRA it is not illegal for a person under 18 to be a sex worker, but it is illegal for anyone else to profit from them in this capacity, or cause, assist, facilitate, or encourage them to provide commercial sexual services to any person. It is also illegal for anyone to purchase sex from a person aged under 18. The defence of "reasonableness" has been removed, but sex workers appearing under age may be asked by Police to provide proof of age. [41]
As with other countries, drugs and gangs are often connected to prostitution, especially street prostitution. (see above--street prostitution). Brothel owners have also been found guilty of various crimes, and there are also problems with illegal brothels.
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   | ECPAT New Zealand - ECPAT New Zealand | Home |
| | New Zealand policewoman found moonlighting as prostitute - New Zealand policewoman found moonlighting as prostitute - Wikinews, the free news source |
| | Big Increase of Sex Workers a Myth: Latest Research - Disclaimer, University of Otago, Christchurch |
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