Prostitution in New Zealand, brothel-keeping, living off the proceeds of someone else's prostitution, and street

solicitation Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, r ...

are legal in

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

and have been since the

Prostitution Reform Act 2003 The Prostitution Reform Act 2003 is an Act of Parliament that decriminalised prostitution in New Zealand. The act also gave new rights to sex workers. It has attracted international attention, although its reception has been mixed. The Act rep ...

came into effect. Coercion of sex workers is illegal. The 2003 decriminalisation of brothels,

escort agencies An escort agency is a company that provides escorts for clients, usually for sexual services. The agency typically arranges a meeting between one of its escorts and the client at the customer's house or hotel room (outcall), or at the escort's ...

and soliciting, and the substitution of a minimal regulatory model, created worldwide interest; New Zealand prostitution laws are now some of the most liberal in the world. Until 2003, indoor prostitution in

was governed by the

Massage Parlours Act 1978 The Massage Parlours Act was an Act of Parliament in New Zealand regulating massage parlours. It was repealed by the Prostitution Reform Act 2003.

History

Before 2003

The early examples of the exchange of sex for material gain in New Zealand occurred in the early period of contact between indigenous

Māori Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the C ...

and European and American sailors. Along with food, water and timber, sex was one of the major commodities exchanged for European goods. The

Bay of Islands The Bay of Islands is an area on the east coast of the Far North District of the North Island of New Zealand. It is one of the most popular fishing, sailing and tourist destinations in the country, and has been renowned internationally for its ...

and in particular the town of

Kororareka Russell, known as Kororāreka in the early 19th century, was the first permanent European settlement and seaport in New Zealand. It is situated in the Bay of Islands, in the far north of the North Island. History and culture Māori settle ...

was notorious for this and brothels proliferated. 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 settler population and women were in short supply. In the nineteenth century, prostitution was generally referred to as the "Social Evil". 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 until New Zealand passed its own Vagrancy Act (1866–1884). These included reference to the

common prostitute "Common prostitute" is a term used in English law related to prostitution. The term was first used in the Vagrancy Act 1824. The term continued to be used in the Street Offences Act 1959 which maintained the illegality of street prostitution. Se ...

. New Zealand was also amongst those dependencies that British authorities pressured into passing

Contagious Diseases Acts The Contagious Diseases Acts (CD Acts) were originally passed by the Parliament of the United Kingdom in 1864 (27 & 28 Vict. c. 85), with alterations and additions made in 1866 (29 & 30 Vict. c. 35) and 1869 (32 & 33 Vict. c. 96). In 1862, a com ...

; New Zealand's was in force from 1869–1910. The

Women's Christian Temperance Union New Zealand Women's Christian Temperance Union of New Zealand (WCTU NZ) is a non-partisan, non-denominational, and non-profit organization that is the oldest continuously active national organisation of women in New Zealand. The national organization began ...

continuously found for repeal of the

and ramped up its petitions and public letters with data from convictions in courts to prove how the law protected male predators and kept girls and women of all classes vulnerable to assault. These were oppressive Acts, based on the belief, expressed officially even 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. 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. Prostitution-related statute law passed in the second half of the 20th century included the

Crimes Act 1961 The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by ...

, the

Massage Parlours Act 1978 The Massage Parlours Act was an Act of Parliament in New Zealand regulating massage parlours. It was repealed by the Prostitution Reform Act 2003.Summary Offences Act 1981. Section 26 of the Summary Offences Act prohibited soliciting, S 147 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). Young people under 18 were still classed as offenders after this came into force, until the passage of the Prostitution Reform Act 2003. 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". Workers in "massage parlours" were required to be registered with the police from the time the Massage Parlours Act 1978 came into force. In the mid-1990s, the police extended this registration ex-officio to other indoor workers in some areas of the country. The police had approached media outlets letting them know that they may be "aiding and abetting" sex workers commit crimes (such as brothel-keeping, etc.), and told the media that they should require such registration before accepting advertisements.

Prostitution Reform Act 2003

In 1997, a number of groups came together to hold a Women's Forum in

Wellington Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by me ...

, 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,

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), and the

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. Other individuals included legal volunteers and MPs, in particular

Maurice Williamson Maurice Donald Williamson (born 6 March 1951) is a New Zealand diplomat and former politician who represented Pakuranga in the House of Representatives as a member of the National Party. He held several ministerial portfolios both inside and ...

(

National National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, c ...

, Pakuranga 1987–2017), Associate Minister of Health (1990–1996), and

Katherine O'Regan Katherine Victoria O'Regan (née Newton, 24 May 1946 – 2 May 2018) was a New Zealand politician. She was a member of parliament from 1984 to 1999, representing the National Party. She served as a minister for the National Government for six ...

(National, Waipa 1984–1996, List 1996–1999), who championed the bill in parliament.

Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the 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 Harm reduction, or harm minimization, refers to a range of public health policies designed to lessen the negative social and/or physical consequences associated with various human behaviors, both legal and illegal. Harm reduction is used to d ...

model of

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

(1996). The bill was introduced on 21 September 2000, and placed in the ballot box, being drawn as number 3 and debated on 8 November as Bill 66-1 (87:21), passing first reading 87:21. Party support came from the Greens, notably

Sue Bradford Sue Bradford (born 1 July 1952 in Auckland) is a New Zealand activist, academic, and former New Zealand politician who served as a list Member of Parliament representing the Green Party from 1999 to 2009. Bradford is an eco-socialist. In 2019, s ...

(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), 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 ACT New Zealand, known simply as ACT (), is a right-wing, classical-liberal political party in New Zealand. According to former party leader Rodney Hide, ACT's values are "individual freedom, personal responsibility, doing the best for our natur ...

, and

United Future United Future New Zealand, usually known as United Future, was a centrist political party in New Zealand. The party was in government between 2005 and 2017, first alongside Labour (2005–2008) and then supporting National (2008–2017). U ...

members. This was a Private Member's Bill, and theoretically, members were allowed a

conscience vote A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamentary ...

. However, the three members of the 1999–2002 coalition (Labour, Greens,

Alliance An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...

) all had decriminalisation in their manifestos. Later, the Prime Minister,

Helen Clark Helen Elizabeth Clark (born 26 February 1950) is a New Zealand politician who served as the 37th prime minister of New Zealand from 1999 to 2008, and was the administrator of the United Nations Development Programme from 2009 to 2017. She was ...

, 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 There exists a diversity of feminist views on prostitution. Many of these positions can be loosely arranged into an overarching standpoint that is generally either critical or supportive of prostitution and sex work. The discourse surrounding pr ...

), Christian groups were divided, and fundamentalist religious groups, including Right to Life, were opposed. The Prostitution Reform Act (PRA) passed its third reading on 25 June 2003. This bill passed narrowly; of 120 member of parliaments, 60 voted for it, 59 against, and one politician, Labour's

Ashraf Choudhary Ashraf Choudhary (born 15 February 1949; Sialkot, Punjab) is a Pakistani-New Zealand scientist in agricultural engineering and formerly a member of the Parliament in New Zealand. He is a member of the Labour Party, and was New Zealand's first ...

, the country's only Muslim MP, abstained. The result was a surprise, as most commentators had expected the bill to fail. An impassioned speech to parliament by

Georgina Beyer Georgina Beyer (born November 1957) is a New Zealand politician and former Labour Party Member of Parliament. In 1995 she was elected mayor of Carterton, making her the world's first openly transgender mayor. In 2005 she became the world's ...

, a

transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...

woman and former sex worker, was believed by many observers to have persuaded several wavering MPs, possibly including Mr Choudhary, to change their votes at the last minute. The Act replaced the previous legislation, including repealing the Massage Parlours Act, largely removing voluntary adult (age 18 and over) 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 soliciting, which may be classed as offensive behaviour. 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 The Ministry of Social Development (MSD) (Māori: ''Te Manatū Whakahiato Ora'') is the public service department of New Zealand charged with advising the government on social policy, and providing social services. MSD is the largest public servi ...

, who may not advertise vacancies in brothels or suggest people start sex work as a means of getting off a benefit. 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 An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity. ...

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 brothel operators. Prior records have been destroyed. Refusal of a certificate is permitted for prior criminal offences (not necessarily related to prostitution). Police activities changed from the registration and prosecution of sex workers to protection. The Police Manual of Best Practice was amended to include prostitution. Local government was empowered to develop by-laws for

zoning Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...

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 passage of the Act, the

Maxim Institute The Maxim Institute is a research and public policy think tank based in Auckland, New Zealand. The Institute's work is oriented toward a conservative perspective on its issues of primary concern, which are now education policy, tax and welfare poli ...

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. The initiative was sponsored by two

MPs, Gordon Copeland, the bill's most outspoken critic, and

Larry Baldock Larry David Baldock (born 1954) is a New Zealand politician. Before entering national politics, he was involved with Youth With A Mission and spent 15 years living in the Philippines. After returning to New Zealand in 1996, he joined Future Ne ...

. 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. Local Government New Zealand provided model by-laws and procedures. 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.

2008 evaluation

To help counter criticism, the Prostitution Reform Act included a requirement that a review of the effects of the new law had to be conducted three to five years after it came into force. An initial report in September 2006 indicated that the number of sex workers on the streets was approximately the same as before the Act came into force and, in some cases, even slightly reduced, contrary to allegations that it has increased. 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. It is clear that the Act did not decriminalise violence, and the police take action about violence when sex workers make complaints (c.f., R v Connolly, a police officer who was jailed in 2009 for blackmailing a sex worker into giving him free sex). 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 Prostitution Law Review Committee 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. Sex workers are now more willing to report crimes against them than they had been in the past. Following the release of the evaluation, suggestions of bias were raised, and critics such as the evangelical Christian TEAR Fund's Humanitarian Chronicle stated that authors of the report were "supporters" of the

sex industry The sex industry (also called the sex trade) consists of businesses that either directly or indirectly provide sex-related products and services or adult entertainment. The industry includes activities involving direct provision of sex-related ...

and thus not "neutral". They stated that the situation was much worse than presented in the evaluation. Alex Penk,

'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."

Melissa Farley Melissa Farley (born 1942) is an American clinical psychologist, researcher: "''Dr. Melissa Farley, a psychologist and researcher at the Kaiser-Permanente Medical Center in San Francisco who directed the study with colleagues from Turkey and Af ...

, an opponent of the legislation, stated that the decriminalisation of prostitution had very negative effects (e. g., an increase in human trafficking and street prostitution), and that the NZ Prostitution Law Review Committee "was biased and blatantly favored the sex industry". However, Farley has been criticised for failing to provide any facts or details to back up her assertions. Furthermore, Farley continues to use a claim that "the numbers of those prostituting on the street in Auckland have increased by 400% since decriminalization". During an online debate in ''

The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...

'', Farley repeated these figures, claiming at paragraph 35: However, in reply to the claims Farley and others make, the Prostitution Law Review Committee (2008: 40) stated: Furthermore, in relation to human trafficking, the PLRC (2008: 167) stated:

Subsequent initiatives

Moves to restrict prostitution in New Zealand continue. In 2010, National MP

Tau Henare Raymond Tau Henare (born 29 September 1960) is a former New Zealand Māori parliamentarian. In representing three different political parties in parliament—New Zealand First, Mauri Pacific and the National Party—Henare served as a Member o ...

called for restricting premises from being opened near schools. However this actually falls under local municipal responsibility. The

Kiwi Party The Kiwi Party was a political party operating in New Zealand between 2007 and 2011. Briefly known as Future New Zealand, it was a breakaway from the United Future New Zealand party and sought to carry on the tradition of Future New Zealand. The ...

called for the repeal of the Act. The party's last remaining MP was voted out of Parliament in 2008, and it was subsequently absorbed into the

Conservative Party of New Zealand New Conservative is a List of political parties in New Zealand, political party in New Zealand. Observers have described the party's policies as far-right, though the party now states it has moved to a more centrist position under new leadersh ...

. The party maintains the Kiwi Party's earlier opposition to prostitution law reform, but, like the Kiwi Party before it, polls well under the minimum threshold required for parliamentary list-only representation. In May 2013, Elizabeth Subritzky submitted a petition on behalf of Freedom from Sexual Exploitation that asked the House of Representatives to "legislate for a national plan of action to combat street prostitution, including a law which makes the purchase of sexual services illegal" (the Swedish model). The Ministry of Justice responded to the assumptions in Petition 2011/60 in September 2013, followed by a response by the New Zealand Prostitutes Collective (NZPC) in February 2014. On 7 November 2014, the Justice and Electoral Committee of the

New Zealand Parliament The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by h ...

issued its report which rejected the petition. In its concluding comment, the committee stated: "We appreciate the petitioner's concerns about street prostitution. However, we are aware that the eradication of street-based prostitution has not proved to be achievable in any jurisdiction, and simply banning it may have negative consequences for the health and safety of sex workers. We support the Prostitution Law Review Committee’s conclusion that local approaches are likely to be most effective in dealing with street prostitution." Reacting to the report, Dr Calum Bennachie from the New Zealand Prostitutes Collective stated that, "When other groups are finally given rights by society, they rarely have to keep returning to parliament to protect those rights. Yet, sex workers, who have been given their rights by Parliament in 2003 when sex work was decriminalised, continually have to defend themselves in parliament, fight the same battles, and time after time have to refute the same tired arguments based on invented figures."

Today

As in other countries, New Zealand sex workers work in a variety of settings, including street prostitution and the indoor market in brothels and saunas, as well as for escort agencies and as independent workers.

Street prostitution

Street prostitution continues to dominate debates because of its visibility. For instance, sex workers often gather on and around

Karangahape Road Karangahape Road (commonly known as K' Road) is one of the main streets in the central business district (CBD) of Auckland, New Zealand. The massive expansion of motorways through the nearby inner city area – and subsequent flight of resident ...

and Hunter's Corner in

Auckland Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The List of New Zealand urban areas by population, most populous urban area in the country and the List of cities in Oceania by po ...

, Cuba/Vivian/Marion Streets in

, and Manchester Street in

Christchurch Christchurch ( ; mi, Ōtautahi) is the largest city in the South Island of New Zealand and the seat of the Canterbury Region. Christchurch lies on the South Island's east coast, just north of Banks Peninsula on Pegasus Bay. The Avon River / ...

amongst other places. Since the 22 February 2011 earthquake in Christchurch this has moved to Ferry Road and the residential end of Manchester Street. Despite it being illegal (see Attorney General's opinion on the New Zealand Bill of Rights) to discriminate against individuals on the basis of gender identity within New Zealand, the

community often finds that many of its younger members require

survival sex Survival sex is a form of prostitution engaged in by a person because of their extreme need. It describes the practice of people who are homeless or otherwise disadvantaged in society, trading sex for food, a place to sleep, or other basic need ...

for food, shelter and rest. Therefore, they are heavily represented within street sex work. Conflicts in the South Auckland area of

Manukau Manukau (), or Manukau Central, is a suburb of South Auckland, New Zealand, centred on the Manukau City Centre business district. It is located 23 kilometres south of the Auckland Central Business District, west of the Southern Motorway, so ...

continue to be the focus of debate (see below).

Brothels and escort agencies

Many sex workers find employment in brothels or

. 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. It is illegal for brothel operators to fine workers for lateness, unprofessional conduct and other misdemeanours, but many legally charge what they call 'shift fees', 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 ''New Zealand Truth'' was a tabloid newspaper published weekly in New Zealand from 1905 to 2013. History ''New Zealand Truth'' was founded in 1905 by Australian John Norton in Wellington, as a New Zealand edition of his Sydney ''Truth'', aim ...

'' until its closure in 2013. One of the results of the law change is that 16- and 17-year-old sex workers are no longer allowed to work in brothels. With the exception of several well publicised cases this change has been successful. Sex workers who do not wish to be employed often set up one-person or two-person brothels or agencies, commonly in their homes. Within the definitions of the act these are called small owner operated brothels (SOOBs). They tend to rely on classified newspaper advertisements (particularly ''New Zealand Truth'' until its closure in 2013), or by advertising on the Internet. The location of brothels within local territories has been a continuing area of litigation, and a poll conducted in March 2011 suggested that 66% of the population would support a ban on brothels in residential areas. The same poll showed a 50% support for banning street prostitution. This poll published by NZ Herald was initially commissioned by political Christian group Family First and run by

Curia Market Research David Peter Farrar (born 11 September 1967) is a right wing New Zealand political activist, blogger and pollster. He is an infrequent commentator in the media on Internet issues. Farrar has held many roles within the New Zealand National Party ...

. The research has drawn criticism as potentially representing bias due to the ties to Family First. Potential areas of result skew include: * An unusually high proportion of respondents from more conservative rural areas. 31% of respondents versus 8.4% population distribution. (Source: see table one) * Age distributions not reflective of the general population instead favoring older more conservative age groups (although the overall effect of this is unknown as approval and disapproval varied significantly throughout age groups without clear trend towards changing attitudes with age). * Respondents were 57% female and only 43% male while population distributions show females as 51% of the population. This may have had significant effect as females were found to be more substantially more likely to disapprove of prostitution (For females 44% to 64% approve regulation, while in males only 28% to 39% approve). The vast majority of New Zealand sex workers are biologically female, but there are also male and

workers, particularly in Auckland. Both engage in sole operator businesses as described above, and a few male brothels and escort agencies exist. In addition, transgender street-based sex workers are not uncommon. Male sex workers aiming at a male clientele usually advertise in the gay newspaper ''Express'' (or in ''New Zealand Truth'' until its closure in 2013).

Conflict – the case of Manukau (Auckland)

Manukau City Manukau City was a territorial authority district in Auckland, New Zealand, that was governed by the Manukau City Council. The area is sometimes referred to as " South Auckland", although this term never possessed official recognition and does ...

South Auckland South Auckland is an imprecisely defined urban area of Auckland, New Zealand, with a young population, a relatively large Polynesian and Māori demographic, and lower incomes than other parts of Auckland. The name ''South Auckland'', though n ...

consistently opposed the legislation. Manukau felt that street prostitution was particularly problematic in its area.

Manukau City Council Manukau City was a territorial authority district in Auckland, New Zealand, that was governed by the Manukau City Council. The area is sometimes referred to as "South Auckland", although this term never possessed official recognition and does ...

's portfolio leader for community safety, Councillor

Dick Quax Theodorus Jacobus Leonardus "Dick" Quax (1 January 1948 – 28 May 2018) was a Dutch-born New Zealand runner, one-time world record holder in the 5000 metres, and local-body politician. Quax stood for Parliament for the ACT Party in 1999 and ...

, was particularly critical. In 2009, he said that "involvement of

gang A gang is a group or society of associates, friends or members of a family with a defined leadership and internal organization that identifies with or claims control over territory in a community and engages, either individually or collective ...

s and

organised crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...

in street prostitution has become evident (...) Street prostitution also attracts offensive litter, disorder, drugs, and intimidation", and, "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." This has led 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. A private Bill, the Manukau City Council (Control of Street Prostitution) Bill 2005, led to hearings before a select committee, but failed to pass its second parliamentary reading on 11 October 2006 (46 votes to 73) following a Select Committee Report that stated that, "initiatives supported by the local community, sex workers and their advocates, outreach workers, social agencies, and the police are a more effective and appropriate use of resources than the proposed legislated solution". A government review of the situation was carried out in 2009, and concluded no further special legislative action was required. This resulted in critics of the legislation to be dissatisfied. Councillor Quax said that the review was very disappointing: "It ignores the fact that anti-social behaviour such as harassment and intimidation has become worse since the passing of the legislation decriminalising prostitution." Manukau then made a further attempt to regulate prostitution with the Manukau City Council (Regulation of Prostitution in Specified Places) Bill 197-1 (2010). This passed first reading 82 votes to 36 in a conscience vote on 8 September 2010. The Bill was opposed by the

Māori Party Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the Co ...

. The Bill's purpose is stated as "This Bill provides for local bylaw control over the locations where the business of prostitution or commercial sexual services may occur when that business or those services take place or are conducted other than in a brothel or a small owner-operated brothel in Manukau City" and was referred to the Local Government and Environment Select Committee, which required submissions by 5 November. all of which have been posted on-line. The future of the Bill was placed in doubt when Manukau City Council ceased to exist in late 2010, being absorbed into the Auckland Council. However, the new Auckland Council endorsed the bill and in view of the municipal reorganisation Auckland was given till February 2011 to present its submission, the Committee hoping to report to parliament in March 2011, enabling a second reading of the bill. The Auckland Council asked the NZPC to make a presentation to it on 15 February 2011. On 27 January 2011, Council voted 11 to 7 to support a submission to the committee on the bill, in order to give them powers to prohibit street prostitution anywhere in Auckland. However, in late June 2011, retiring Manurewa New Zealand Labour Party MP George Hawkins conceded that his private members bill had insufficient parliamentary support to pass its second reading, now scheduled for September 2011, and said that the perceived "radical" expansion of the bill to encompass the whole of Auckland City would adversely affect any subsequent passage. Other objections are local exemptions to national ambit legislation, and criticism from law enforcement and social service agencies that provide front-line health and social services to street sex workers. It was also seen as contravening the Bill of Rights. Despite such objections, local Papatoetoe businesses hope to invest in more closed circuit television surveillance cameras to deal with what they view as "anti-social" and "public nuisance" behaviour allegedly ancillary to street sex work. Supporters of the sex workers argue that the behaviour in question may be unrelated to their presence, and linked to the early closure of public toilets and widespread alcohol outlets within the adjacent area. The private member's bill was later reintroduced to Parliament, with strong criticism from some members of the

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

community. They argued that the bill would disproportionately affect transgender street sex workers, given that gender identity is not covered within New Zealand's Human Rights Act 1993. They also argued that the Manukau and Auckland City Council had contributed to the situation through closure of public toilets and denial of the use of council rental accommodation to sex workers, and denounced what is argued to be vigilante tactics from some anti-sexworker local residents. They argued that in instances of inappropriate sex worker behaviour, local councils, concerned residents, police, and business interests should rely on the Summary Offences Act 1981. Furthermore, the council is stated to have exaggerated the number of street sex workers. The Local Government and Environment Committee reported back to Parliament on the Manukau City Council (Regulation of Prostitution in Specified Places) Bill on 5 December 2014 and recommended that it not be passed. The Bill received its final vote on 25 February 2015 and was defeated 109–11, with only New Zealand First voting for the bill. Whether or not this means that there will be a third private members bill to re-criminalize street sex work, despite this second consecutive defeat, is uncertain. Defeated former New Zealand First List MP

Asenati Lole-Taylor Le-Aufa'amulia Asenati Lole-Taylor (born ) is a former New Zealand politician and a member of the House of Representatives. She is a member of the New Zealand First Party. Early life Born in Samoa, Taylor emigrated to New Zealand at the age o ...

was an advocate of such tactics, but she was too low down on her party list rankings to return to Parliament after the 2014 New Zealand general election. For her party, New Zealand First Deputy Leader

Tracey Martin Tracey Anne Martin (born 1 July 1964) is a New Zealand politician and a former member of the New Zealand House of Representatives. Until 2021 she was a member of the New Zealand First Party, and served as its Deputy Leader from 2013 to 2015. S ...

spoke in support of the bill's passage during its second parliamentary reading and consequent defeat.

Prostitution and minors

Underage involvement in the sex industry continues to be a controversial issue in New Zealand, both before and after the passage of the PRA in 2003, with conflicting claims of its extent or relationship to the PRA.

The law

Child prostitution is illegal. The

reads as follows: Thus, it is legal 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 media are likely to require photographic ID before placing advertisements to ensure they are complying with this law. The defence of "reasonableness" has been removed, but sex workers appearing under age may be asked by police to provide proof of age. There appears to be no law prohibiting a person under 18 from being a client of a prostitute, thus the legal age for this is presumably 16, the legal age of consent in New Zealand.

Media publicity

Newspapers report on concerns about underage street workers, stating that this is the commonest entry point into the trade for them and that some of them may be being

pimped Procuring or pandering is the facilitation or provision of a prostitute or other sex worker in the arrangement of a sex act with a customer. A procurer, colloquially called a pimp (if male) or a madam (if female, though the term pimp has still ...

gang members A gang is a group or society of associates, friends or members of a family with a defined leadership and internal organization that identifies with or claims control over territory in a community and engages, either individually or collectivel ...

. Reports have cited some community workers who stated that they 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. Children as young as 13 were also removed from the streets of

. Convictions have been obtained against operators who did not check ID and hired under age workers. There have been several cases in

. Another case occurred in

Whangārei Whangārei () is the northernmost city in New Zealand and the regional capital of Northland Region. It is part of the Whangārei District, a local body created in 1989 from the former Whangārei City, Whangārei County and Hikurangi Town coun ...

. In 2005, ECPAT New Zealand and the Stop Demand Foundation (agencies which combat the sexual exploitation of children), commenting on the Ministry of Justice's report "The Nature and Extent of the Sex Industry in New Zealand", 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. In

in 2008, 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". Nevertheless, this anecdotal evidence is not supported by statement made by outreach workers from youth support agencies, including Youth and Cultural Development (YCD), who indicate that many of the young people are not working, but are "hanging out" on the streets. Despite these claims, police have continued to bring prosecutions for underage prostitution against the brothels despite relaxed oversight.

US Human Rights Reports

The

United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...

Human Rights Reports from 2004–2009 comment on child prostitution cases in New Zealand. The 2008 report states that prosecutors in Christchurch 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. However this is not mentioned in domestic sources, and the PRA provides penalties for such actions; and the 2009 report does not mention it. The NZ government has criticised the US reports as being based on faulty and biased data sets. For example, it appears that the State Department ignored material in the Prostitution Law Review Committee Report, which indicated there was no evidence of increased underage sex work in the New Zealand sex industry. This latter report is acknowledged in the 2009 US report.

Support and services for sex workers

The

New Zealand Prostitutes' Collective __NOTOC__ The Aotearoa New Zealand Sex Workers' Collective (NZPC), formerly the New Zealand Prostitutes' Collective, is a New Zealand-based organisation that supports sex workers' rights and educates sex workers about minimising the risks of the ...

(NZPC) is a New Zealand-based organisation that supports the rights of sex workers and educates

prostitutes Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penet ...

about minimizing the risks of the job. It was founded in 1987 by, among others, Catherine Healy, and received funding from the Minister of Health in 1988, and subsequently the Department of Health (which became the Ministry of Health). The organisation played a major part in the decriminalisation of prostitution.

Further information from evaluation process

The report "The Impact of the Prostitution Reform Act on the Health and Safety Practices of Sex Workers: Report to the Prostitution Law Review Committee" from the Christchurch School of Medicine is a study of 772 sex workers in New Zealand, covering

and

as main urban centres, and

Nelson Nelson may refer to: Arts and entertainment * ''Nelson'' (1918 film), a historical film directed by Maurice Elvey * ''Nelson'' (1926 film), a historical film directed by Walter Summers * ''Nelson'' (opera), an opera by Lennox Berkeley to a lib ...

and the

Hawkes Bay Hawke's Bay ( mi, Te Matau-a-Māui) is a local government region on the east coast of New Zealand's North Island. The region's name derives from Hawke Bay, which was named by Captain James Cook in honour of Admiral Edward Hawke. The region is ...

as secondary centres. It and studies by the Crime and Justice Research Centre at Victoria University provided the Prostitution Law Review Committee with the evidence that it required to reach a conclusion about the effect of the Prostitution Reform Act 2003 on sex workers. The researchers described this process further in a 2010 book titled "Taking the crime out of sex work- New Zealand sex workers' fight for decriminalisation". It was written by

Gillian Abel Gillian Abel is a New Zealand public health researcher and as of 2021 head of the Department of Population Health at the University of Otago in Christchurch. Education After a receiving a diploma from Cape Peninsula University of Technology i ...

(a senior public health researcher and lecturer at the

University of Otago , image_name = University of Otago Registry Building2.jpg , image_size = , caption = University clock tower , motto = la, Sapere aude , mottoeng = Dare to be wise , established = 1869; 152 years ago , type = Public research collegiate ...

, New Zealand), Lisa Fitzgerald (a public health sociologist and social science lecturer in the School of Population Health,

University of Queensland , mottoeng = By means of knowledge and hard work , established = , endowment = A$224.3 million , budget = A$2.1 billion , type = Public research university , chancellor = Peter Varghese , vice_chancellor = Deborah Terry , city = B ...

), and Catherine Healy (a founding member of the

). The book includes the results of interviews with over 700 sex workers, and concludes that the decriminalisation has had positive effects for the prostitutes' safety and health. In its 2008 "Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003", the committee provided further information on many of the cases and background of sex work in New Zealand. The Report also addressed issues raised by ECPAT New Zealand and the Stop Demand Foundation, and the claims made by those supporting the Manukau City Council (Control of Street Prostitution) Bill 2005.

References

Bibliography

;Books * Abel, G., Fitzgerald, L., & Healy, C., (2010). ''Taking the crime out of sex work: New Zealand sex workers' fight for decriminalisation''. Bristol: Policy Press
Decriminalisation of sex industry positive move
* Jordan, J (1991) Working Girls: Women in the New Zealand Sex Industry, Penguin **History *** Belich, James (1996) Making Peoples: A history of the New Zealanders from Polynesian settlement to the end of the nineteenth century, Allen Lane, Auckland *** Philippa Levine (2003) Prostitution, Race, and Politics: Policing Venereal Disease in the British Empire, Routledge , **Book chapters *** Lichtenstein, B: Reframing "Eve" in the AIDS era, in Sex Work and Sex Workers, BM Dank and R Refinetti eds. Transaction, New Brunswick NJ 1998 ;Articles
Macfarlane, D: Transsexual prostitution in New Zealand: Predominance of persons of Maori extraction, Arch Sex Behav 13(4): 301, 1984

Jan Jordan: Sex, law and social control – the sex industry in New Zealand today. Australian Institute of Criminology 1991
* Jody Hanson, Learning to be a prostitute: Education and training in the New Zealand Sex industry, Women's Studies Journal, 12(2): 77–85, 1996 * Bronwen Lichtenstein, Tradition and experiment in New Zealand AIDS policy, AIDS and Public Policy, 12 (3): 79–88, 1997
Kathleen Potter, Judy Martin, Sarah Romans: Early developmental experiences of female sex workers: a comparative study. Australian and New Zealand Journal of Psychiatry, Volume 33, Issue 6 December 1999, 935 – 940

Plumridge L, Abel G. Services and information utilised by female sex workers for sexual and physical safety. N Z Med J. 2000 Sep 8;113(1117):370–2.

Sarah E. Romans, Kathleen Potter, Judy Martin, Peter Herbison: The mental and physical health of female sex workers: a comparative study. Australian and New Zealand Journal of Psychiatry Volume 35 Issue 1, 2001, Pages 75 – 80

Libby Plumridge, Gillian Abel: A 'segmented' sex industry in New Zealand: sexual and personal safety of female sex workers. Australian and New Zealand Journal of Public Health Volume 25 Issue 1, 2001, Pages 78 – 83

Martin S. Weinberg, Heather Worth and Colin J. Williams: Men Sex Workers and Other Men Who Have Sex With Men: How Do Their HIV Risks Compare in New Zealand? Archives of Sexual Behavior Volume 30, Number 3 / June 2001, 273
* Patt, Prof. Martin

* **History *** Macdonald, C., "The Social Evil: Prostitution & the Passage of the Contagious Diseases Act (1869)" in Brookes B, Macdonald C. and Tennant M. (eds), Women in History: Essays on European Women in New Zealand (Allen Unwin, Wellington, 1986). **
Dalley, B: 'Fresh Attractions': White slavery and feminism in New Zealand, 1885–1918, Women's History Review 9(3): 585–606, 2000
;Theses
Heidi Whiteside, 'We shall be Respectable': Women and representations of respectability in Lyttelton 1851–1893, MA University of Canterbury 2007
* Kehoe, Jean. Medicine, sexuality and imperialism : British medical discourses surrounding venereal disease in New Zealand and Japan : a socio-historical and comparative study PhD Thesis Victoria University of Wellington, 1992 * Lucas, Heather, ‘"Square Girls": Prostitutes and Prostitution in Dunedin in the 1880s', BA (Hons), University of Otago, 1985. ;Media
Paul Litterick: The Open Society, Winter 2004 77(2):7
;Parliamentary documents *Prostitution Reform Bill 2000 **Debates *
Tim Barnett (Labour): First reading speech (11 October 2000)
(archived) **
Sue Bradford (Green): First reading speech (8 November 2000)
**

**
Tim Barnett (Labour): Second reading speech
**

**
Sue Bradford (Green): Third reading speech (25 June 2003)
**Submissions **
Public Health Association of New Zealand: Policy on Decriminalisation of Prostitution (2001)
**
Public Health Association of New Zealand: Submission on the Prostitution Reform Bill (2001)
**

**
Human Rights Commission submission (2001)
**
Human Rights Commission''Supplement'' (2001)
**

**

**Reports **

**Legislation and regulations **

**

*** ttps://www.justice.govt.nz/licences-certificates/brothel-operator-certification/apply-for-a-brothel-operator-certificate/ Regulations: Certificates**
A Guide to Occupational Health and Safety
;Government documents * NEW ZEALAND'S NATIONAL PLAN OF ACTION AGAINST THE COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN. Ministry of Justice 2002
Child prostitution. Ministry of Justice 2003
(archived)
Persons under 18 years of age Ministry of Justice 2007

Parliamentary Research Papers: Prostitution law reform in New Zealand. July 2012
;Political statements *Green Party *

*Labour ** ttp://news.bbc.co.uk/2/hi/talking_point/3053141.stm BBC: Interview with Prime Minister Helen Clark (11 July 2003)*
Tim Barnett: Prostitution Law Reform 2005
*
Tim Barnett: What did it change, and what has happened since? (August 2006)
(archived) *
Tim Barnett: The campaign and the outcome (January 2007)
(archived) *
Tim Barnett: Reform of prostitution law a success (23 May 2008)
(archived) *Future New Zealand *

*Local government ** ttps://web.archive.org/web/20090316061853/http://www.lgnz.co.nz/news/pr1080274797.html Local Government New Zealand response (14 July 2003)*
Local Government New Zealand background document
***Auckland ***
Submission by Sue Bradford and Tim Barnett (25 November 2003)
***
High Court Decision 14 March 2006
***
Response by Sue Bradford (15 March 2006)
***Manukau ***

***
Law Society Submission 2006
***
Committee Report (September 2006)
***Carterton ***
Prostitution by-law 2007
***Christchurch ***
Christchurch Brothel by-law 2004
***
Greens response to decision to abandon appeal of High Court decision (23 March 2006)
***Hamilton ***
Prostitution by-law 2004
(archived) ***
TVNZ By-law upheld 20 July 2006
***

***
Hamilton City Council: Press release (28 November 2007)
archived) ***
Infonews: By-law to be reviewed (September 2008)

External links

;Legislation

;Organisations * ttp://www.nzpc.org.nz/ New Zealand Prostitutes' Collectivebr>ECPAT New Zealand
Other
Te Ara: The Encyclopedia of New Zealand – Sex work
{{DEFAULTSORT:Prostitution in New Zealand