Prostitution in New Zealand
Encyclopedia
Prostitution
(sex work), brothel keeping, living off the proceeds of someone else's prostitution and street solicitation
are legal and regulated in New Zealand
. Coercion of sex workers is illegal.
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, passed in June 2003. The decriminalisation of brothel
s, escort agencies
and soliciting and substitution of a minimal regulatory model created worldwide interest; New Zealand prostitution laws are now some of the most liberal in the world. (See Prostitution and the law
).
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 sex work. Nevertheless, police continued to raid brothels, streets, and private residences of sex workers right up to the day before the Prostitution Reform Bill was passed by Parliament.
and in particular the town of Kororareka 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 till New Zealand passed its own Vagrancy Act (1866–1884).
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.
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.
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.
, 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). 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.
In 1997 a number of groups came together to hold a Women'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 8 November 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),
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.
The Prostitution Reform Act (PRA) passed its third reading on 25 June 2003. This bill passed narrowly; of 120 MP
s, 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 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, 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 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 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.
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 United Future MPs, Gordon Copeland
, the bill's most outspoken critic, and Larry Baldock
.
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.
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.
a review on the Prostitution Reform Act 2003 had to be conducted three to five years after the Act came into force.
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.
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, when reading the Act, the Prostitution Reform Act 2003 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 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. Sex workers are now more willing to report crimes against them than they had been in the past.
Following the release of the evaluation of the Prostitution Reform Act 2003,
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, and thus not "neutral". They stated that the situation was much worse than presented in the evaluation.
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"
Melissa Farley
, 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 criticized for failing to provide any facts or details to backup 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, Farley repeated these false figures, claiming at paragraph 35:
However, in reply to the claims Farley and others make, the Prostitution Law Review Committee (2008: 40) stated:
called for restricting premises from being opened near schools.
However this actually falls under local municipal responsibility.
The Kiwi Party continue to call for the repeal of the Act. However, as their last remaining MP was voted out of Parliament in 2008, and given that they poll insufficiently highly for party list only parliamentary presence, their calls have minimal effect.
prostitutes work in a variety of settings, including visible street prostitution and the invisible indoor market in brothels and saunas, as well as escort agencies and independent workers.
continues to dominate debates because of its visibility, for instance sex workers often gather on and around Karangahape Road
and Hunter's Corner in Auckland
, Cuba/Marion Streets in Wellington
, and Manchester Street in Christchurch
amongst other places. Since the 22 February earthquake in Christchurch this has moved to Ferry Road and the residential end of Manchester Street.
Given that it is still legal to discriminate against individuals on the basis of gender identity within New Zealand, the transgender
community often finds that many of its younger members require 'survival sex' for food, shelter and rest. Therefore, they are heavily represented within street sex work.
Conflicts in the South Auckland area of Manukau
continue to be the focus of debate (see below).
s 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
.
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 a several well publicized cases this change has been successful.
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, 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.
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 a few 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.
in South Auckland
has consistently opposed the legislation. Manukau feels that street prostitution
is particularly problematic in this area. Manukau City Council’s portfolio leader for community safety, Councillor Dick Quax
has been particularly critical. In 2009 he said: (...) involvement of gangs and organised crime 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 (46:73). 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 to 36 votes in a conscience vote on 8 September 2010.
The Bill was opposed by the Maori Party
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.
some 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 Auckland. 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.
Council asked the NZPC to make a presentation to it on 15 February 2011.
On 27 January 2011 Council voted 11-7 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 frontline 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 'antisocial' 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.
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.
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
(sex work), brothel keeping, living off the proceeds of someone else's prostitution and street solicitation
Solicitation
Literally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services...
are legal and regulated in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. Coercion of sex workers is illegal.
Prior to 2003, prostitution in New Zealand was governed by the Massage Parlours Act 1978
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.-External links:*...
, 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, passed in June 2003. The decriminalisation of brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
s, escort agencies
Escort agency
Escort agencies are companies that provide escorts for the agency's clients. The agency typically arranges a meeting between one of its escorts and the client at the customer's house or hotel room , or at the escort's residence . Some agencies also provide escorts for longer durations, who may stay...
and soliciting and substitution of a minimal regulatory model created worldwide interest; New Zealand prostitution laws are now some of the most liberal in the world. (See Prostitution and the law
Prostitution and the law
The laws of prostitution vary widely from country to country, and between jurisdictions within a country. Prostitution is legal in some parts of the world and regarded as a profession, while in other parts it is a crime punishable by death. In some jurisdictions prostitution is illegal...
).
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 sex work. Nevertheless, police continued to raid brothels, streets, and private residences of sex workers right up to the day before the Prostitution Reform Bill was passed by Parliament.
History
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. Along with food, water and timber, sex was one of the major commodities exchanged for European goods. The Bay of IslandsBay of Islands
The Bay of Islands is an area in the Northland Region of the North Island of New Zealand. Located 60 km north-west of Whangarei, it is close to the northern tip of the country....
and in particular the town of Kororareka 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 till New Zealand passed its own Vagrancy Act (1866–1884).
These included reference to the common prostitute
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...
. New Zealand was also amongst those dependencies that British authorities pressured into passing Contagious Diseases Acts
Contagious Diseases Acts
The Contagious Diseases Acts were originally passed by the Parliament of the United Kingdom in 1864, with further alterations and editions made to it in 1866 and 1869. In 1862, a committee was established to inquire into venereal disease in the armed forces; on its recommendation the first...
, New Zealand's was in force from 1869-1910.
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.
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 Reform Act 2003
Statute law dealing with prostitution in New Zealand at the time of the law reform included the Crimes Act 1961Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....
, Massage Parlours Act 1978
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.-External links:*...
(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). 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.
In 1997 a number of groups came together to hold a Women'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
YWCA
The YWCA USA is the United States branch of a women's membership movement that strives to create opportunities for women's growth, leadership and power in order to attain a common vision—to eliminate racism and empower women. The YWCA is a non-profit organization, the first of which was founded in...
), and the AIDS Foundation. Other individuals included legal volunteers and MPs, in particular Maurice Williamson
Maurice Williamson
Maurice Donald Williamson is a New Zealand politician, representing Pakuranga in the House of Representatives as a member of the National Party...
(National, Pakuranga 1987- ), Associate Minister of Health (1990-6) and Katherine O’Regan
Katherine O'Regan
Hon Katherine O'Regan , QSO is a former New Zealand politician. She was a MP from 1984 to 1999, representing the National Party She served as a Minister for the National Government for 6 of those years. Katherine was born to farming parents at Te Mata, on the west coast of the North Island and...
(National, Waipa 1984-1996, List 1996-9), who championed the bill in parliament.
Labour returned to power (1999-2008
Fifth Labour Government of New Zealand
The Fifth Labour Government of New Zealand was the government of New Zealand between 10 December 1999 and 19 November 2008.-Overview:The fourth National government, in power since 1990, was widely unpopular by 1999, with much of the public antagonised by a series of free-market economic reforms,...
) 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
Harm reduction refers to a range of public health policies designed to reduce the harmful consequences associated with recreational drug use and other high risk activities...
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 8 November as Bill 66-1 (87:21), passing first reading 87:21. Party support came from the Greens
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
, notably Sue Bradford
Sue Bradford
Sue Bradford is a New Zealand politician who served as a list Member of Parliament representing the Green Party from 1999 to 2009.- Early life :...
(List, 1999–2009). It was opposed by New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
who proposed the Swedish
Prostitution in Sweden
The laws on prostitution in Sweden make it illegal to buy sexual services, but not to sell them. Pimping, procuring and operating a brothel are also illegal...
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
New Zealand general election, 2002
The 2002 New Zealand general election was held on 27 July 2002 to determine the composition of the 47th New Zealand Parliament. It saw the reelection of Helen Clark's Labour Party government, as well as the worst-ever performance by the opposition National Party.Arguably the most controversial...
, 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
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....
. However the three members of the 1999-2002 coalition (Labour, Greens, Alliance
Alliance (New Zealand political party)
The Alliance is a left-wing political party in New Zealand. It was formed in 1991, and was influential in the 1990s, but has since declined and has no representation in parliament. It suffered a major setback after Jim Anderton, the party's leader, left the party in 2002, taking several of the...
) all had decriminalisation in their manifestos. Later, the Prime Minister, Helen Clark
Helen Clark
Helen Elizabeth Clark, ONZ is a New Zealand political figure who was the 37th Prime Minister of New Zealand for three consecutive terms from 1999 to 2008...
, 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
Feminist views on prostitution
As with many issues within the feminist movement, there exists a diversity of opinions regarding 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...
), 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 MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
s, 60 voted for it, 59 against, and one politician, Labour's
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
Ashraf Choudhary
Ashraf Choudhary
Dr Ashraf Choudhary, QSO, is a Pakistani-New Zealand scientist in agricultural engineering and a member of the Parliament in New Zealand. He is a member of the Labour Party, and is New Zealand's first MP from South Asia and Pakistan....
, 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
Georgina Beyer
Georgina Beyer was the world's first openly transsexual mayor, as well as the world's first openly transsexual Member of Parliament, and from 27 November 1999 until 14 February 2007 was an MP for the Labour Party in New Zealand.-Early life:Georgina Bertrand was born and assigned male at birth, and...
, 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 soliciting which may be classed as offensive behaviour. The Criminal Records (Clean Slate) Act 2004
Criminal Records (Clean Slate) Act 2004
The Criminal Records Act 2004 is an Act of Parliament in New Zealand administered by the Ministry of Justice. It allows for a criminal record to be hidden from the public if the person is eligible....
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, 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 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 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.
Aftermath
Following the passage of the Prostitution Reform Act, the Maxim InstituteMaxim 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 policy...
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 United Future MPs, Gordon Copeland
Gordon Copeland
Gordon Copeland is a New Zealand politician who was a Member of Parliament from 2002 to 2008. He was a list MP for the United Future New Zealand party from 2002 until he resigned from the party in 2007. He is now Party President of The Kiwi Party, which he co-founded with another former United...
, the bill's most outspoken critic, and Larry Baldock
Larry Baldock
Larry Baldock is a New Zealand politician. He was a member of Parliament for the United Future New Zealand party from 2002 to 2005...
.
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.
Criticisms of legislation
After the adoption of the Prostitution Reform Act 2003, several members of a United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
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.
Evaluation
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,a review on the Prostitution Reform Act 2003 had to be conducted three to five years after the Act came into force.
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.
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, when reading the Act, the Prostitution Reform Act 2003 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 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. Sex workers are now more willing to report crimes against them than they had been in the past.
Criticisms of report
Following the release of the evaluation of the Prostitution Reform Act 2003,
suggestions of bias
Bias
Bias is an inclination to present or hold a partial perspective at the expense of alternatives. Bias can come in many forms.-In judgement and decision making:...
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, and thus not "neutral". They stated that the situation was much worse than presented in the evaluation.
Alex Penk, Maxim Institute
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 policy...
'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
Melissa Farley is an American clinical psychologist and researcher and feminist anti-pornography and anti-prostitution activist. Farley is best known for her studies of the effects of prostitution, trafficking, and sexual violence....
, an opponent of the legislation, stated that the decriminalisation of prostitution had very negative effects (e.g. an increase in human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
and street prostitution
Street prostitution
Street prostitution is a form of prostitution in which a sex worker solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, beaches, etc. The street prostitute is often dressed in a...
) and that the NZ Prostitution Law Review Committee "was biased and blatantly favored the sex industry". However Farley has been criticized for failing to provide any facts or details to backup 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, Farley repeated these false figures, claiming at paragraph 35:
However, in reply to the claims Farley and others make, the Prostitution Law Review Committee (2008: 40) stated:
Ongoing current debates
Moves to restrict prostitution in New Zealand continue. In 2010 National MP Tau HenareTau Henare
Tau Henare is a New Zealand Māori parliamentarian. He served as a Member of Parliament from 1993 to 1999 and returned to Parliament in 2005. He has been involved with four political parties: Mana Motuhake, New Zealand First, Mauri Pacific and the National Party - representing three in...
called for restricting premises from being opened near schools.
However this actually falls under local municipal responsibility.
The Kiwi Party continue to call for the repeal of the Act. However, as their last remaining MP was voted out of Parliament in 2008, and given that they poll insufficiently highly for party list only parliamentary presence, their calls have minimal effect.
Prostitution today
As in other countries, New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
prostitutes work in a variety of settings, including visible street prostitution and the invisible indoor market in brothels and saunas, as well as escort agencies and independent workers.
Street prostitution
Street prostitutionStreet prostitution
Street prostitution is a form of prostitution in which a sex worker solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, beaches, etc. The street prostitute is often dressed in a...
continues to dominate debates because of its visibility, for instance sex workers often gather on and around Karangahape Road
Karangahape Road
Karangahape Road is one of the main streets in the central business district of Auckland, New Zealand. The massive expansion of motorways through the nearby inner city area - and subsequent flight of residents and retail into the suburbs - turned it from one of Auckland's premier shopping streets...
and Hunter's Corner in Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
, Cuba/Marion Streets in Wellington
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
, and Manchester Street in Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
amongst other places. Since the 22 February earthquake in Christchurch this has moved to Ferry Road and the residential end of Manchester Street.
Given that it is still legal to discriminate against individuals on the basis of gender identity within New Zealand, the transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
community often finds that many of its younger members require 'survival sex' for food, shelter and rest. Therefore, they are heavily represented within street sex work.
Conflicts in the South Auckland area of Manukau
Manukau
Manukau City was a large territorial authority in Auckland, New Zealand. The city was sometimes referred to as South Auckland, but this term did not possess official recognition and did not encompass areas like East Auckland, which was previously within the official boundaries of Manukau City...
continue to be the focus of debate (see below).
Brothels and escort agencies
Many sex workers find employment in brothelBrothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
s 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
New Zealand Truth
The New Zealand Truth is a tabloid newspaper published weekly in New Zealand. It started as the Auckland Truth in 1887.Described as "scandal mongering" and "scurrilious", it has employed well-known New Zealand authors, e.g. Robin Hyde in 1928....
.
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 a several well publicized cases this change has been successful.
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, 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.
The vast majority of New Zealand sex workers are biologically female, but there are also male and transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
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 walkers are not uncommon. Male prostitutes aiming at a male clientele usually advertise in the gay newspaper Express or in New Zealand Truth.
Conflict - the case of Manukau (Auckland)
The neighbourhood of ManukauManukau
Manukau City was a large territorial authority in Auckland, New Zealand. The city was sometimes referred to as South Auckland, but this term did not possess official recognition and did not encompass areas like East Auckland, which was previously within the official boundaries of Manukau City...
in South Auckland
South Auckland
South Auckland is an imprecisely defined area of Auckland, New Zealand, often stereotyped as a socio-economically disadvantaged, and sometimes rough, urban area with a relatively large Polynesian and Māori population. The name South Auckland is not an official place name but is in common use by New...
has consistently opposed the legislation. Manukau feels that street prostitution
Street prostitution
Street prostitution is a form of prostitution in which a sex worker solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, beaches, etc. The street prostitute is often dressed in a...
is particularly problematic in this area. Manukau City Council’s portfolio leader for community safety, Councillor Dick Quax
Dick Quax
Theodorus Jacobus Leonardus "Dick" Quax is a New Zealand runner and former world record holder in the 5000 metres. He stood for Parliament with the ACT Party in 1999 and 2002...
has been particularly critical. In 2009 he said: (...) involvement of gangs and organised crime in street prostitution has become evident (...) Street prostitution also attracts offensive litter, disorder, drugs
DRUGS
Destroy Rebuild Until God Shows are an American post-hardcore band formed in 2010. They released their debut self-titled album on February 22, 2011.- Formation :...
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 (46:73). 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 to 36 votes in a conscience vote on 8 September 2010.
The Bill was opposed by the Maori Party
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
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.
some 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 Auckland. 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.
Council asked the NZPC to make a presentation to it on 15 February 2011.
On 27 January 2011 Council voted 11-7 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
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
MP George Hawkins
George Hawkins
George Hawkins may refer to:* George Hawkins , British Olympic athlete* George Sydney Hawkins , US Representative from Florida* George Hawkins , New Zealand politician* 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 frontline 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 'antisocial' 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.
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 Prostitution Reform Act 2003 reads as follows: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.
Thus 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 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.
Media publicity
Newspapers report on concerns about underage street workersstating that this is the commonest entry point into the trade for them
and that some of them may be being pimped by gang members
Gang
A gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
.
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
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
high school who "turned tricks" at lunchtime.
Children as young as 13 were also removed from the streets of South Auckland
South Auckland
South Auckland is an imprecisely defined area of Auckland, New Zealand, often stereotyped as a socio-economically disadvantaged, and sometimes rough, urban area with a relatively large Polynesian and Māori population. The name South Auckland is not an official place name but is in common use by New...
.
Convictions have been obtained against operators who did not check ID and hired under age workers. There have been several cases in Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
.
Another case occurred in Whangerei.
In 2005, ECPAT New Zealand
ECPAT
ECPAT is an international non-governmental organisation and network headquartered in Thailand which is designed to end commercial sexual exploitation of children...
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
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
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 Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
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 YCD (Youth and Cultural Development), 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 State Department
The United States Human Rights ReportsUnited States' Country Reports on Human Rights Practices
Country Reports on Human Rights Practices are publications on the annual human right conditions in countries and regions outside the United States, submitted annually by the United States Department of State to the United States Congress. The reports cover internationally recognized individual,...
from 2004-2009 comment on child prostitution cases in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
.
The 2008 US State Department report on human rights states that prosecutors in Christchurch applied for the first time the law banning sexual slavery
Sexual slavery
Sexual slavery is when unwilling people are coerced into slavery for sexual exploitation. The incidence of sexual slavery by country has been studied and tabulated by UNESCO, with the cooperation of various international agencies...
, 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, nor does the 2009 report refer to this.
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' CollectiveNew Zealand Prostitutes' Collective
The New Zealand Prostitutes' Collective is a New Zealand-based organisation that supports the rights of sex workers and educates prostitutes about minimizing the risks of the job. It was founded in 1987, and received funding from the Minister of Health in 1988...
(NZPC) is a New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
-based organisation that supports the rights of sex worker
Sex worker
A sex worker is a person who works in the sex industry. The term is usually used in reference to those in the sex industry that actually provide such sexual services, as opposed to management and staff of such industries...
s and educates prostitutes
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
about minimizing the risks of the job. It was founded in 1987 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 Medicineis a study of 772 sex workers in New Zealand, covering Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
, Wellington
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
and Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
as main urban centres, and Nelson
Nelson, New Zealand
Nelson is a city on the eastern shores of Tasman Bay, and is the economic and cultural centre of the Nelson-Tasman region. Established in 1841, it is the second oldest settled city in New Zealand and the oldest in the South Island....
and the Hawkes Bay as secondary centres. Together with studies by the Crime and Justice Research Centre at Victoria University
Victoria University
Victoria University may refer to:* Victoria University, Australia, Melbourne, Australia* Victoria University of Bangladesh, Dhaka, Bangladesh* University of Victoria, British Columbia, Canada...
provided the Prostitution Law Review Committee with the evidence based facts that it required to reach a conclusion about the effect of the Prostitution Reform Act 2003 on sex workers.
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
ECPAT
ECPAT is an international non-governmental organisation and network headquartered in Thailand which is designed to end commercial sexual exploitation of children...
and the Stop Demand Foundation, and the claims made by those supporting the Manukau City Council (Control of Street Prostitution) Bill 2005
.
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 (a senior public health researcher and lecturer at the University of Otago
University of Otago
The University of Otago in Dunedin is New Zealand's oldest university with over 22,000 students enrolled during 2010.The university has New Zealand's highest average research quality and in New Zealand is second only to the University of Auckland in the number of A rated academic researchers it...
, New Zealand), Lisa Fitzgerald (a public health sociologist and social science lecturer in the School of Population Health, University of Queensland
University of Queensland
The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation...
), and Catherine Healy (a founding member of the New Zealand Prostitutes' Collective
New Zealand Prostitutes' Collective
The New Zealand Prostitutes' Collective is a New Zealand-based organisation that supports the rights of sex workers and educates prostitutes about minimizing the risks of the job. It was founded in 1987, and received funding from the Minister of Health in 1988...
). 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.
Further reading
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 ISBN 0-415-94447-3, 9780415944472
- 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
- History
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. Child Prostitution – New Zealand. The Commercial Sexual Exploitation of Children in the first ten years of the 21st Century - 2000 to 2009
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- 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
- History
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
Parliamentary documents
- Prostitution Reform Bill 2000
- Debates
- Tim Barnett (Labour): First reading speech (11 October 2000)
- Sue Bradford (Green): First reading speech (8 November 2000)
- Second reading debate and vote (19 February 2003)
- Tim Barnett (Labour): Second reading speech
- Third reading debate and vote (25 June 2003)
- 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)
- New Zealand Law Society submission (2001)
- Human Rights Commission submission (2001)
- Human Rights CommissionSupplement (2001)
- CATW-A submission (2001)
- Wellington Rape Crisis submission (2002)
- Reports
- Legislation and regulations
- Debates
Government documents
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- [NEW ZEALAND'S NATIONAL PLAN OF ACTION AGAINST THE COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN Ministry of justice 2002]
- Child prostitution. Ministry of Justice 2003
- Persons under 18 years of age Ministry of Justice 2007
- The Use of Under Age People in Prostitution. Ministry of Justice 2008
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Political statements
- Labour
- 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)
- Tim Barnett: The campaign and the outcome (January 2007)
- Tim Barnett: Reform of prostitution law a success (23 May 2008)
- Future New Zealand
- Local government
- Local Government New Zealand response (14 July 2003)
- Local Government New Zealand background document
- Auckland
- Manukau
- Carterton
- Christchurch
- Hamilton
External links
Legislation- Crimes Act 1961
- Summary Offences Act 1981
- Prostitution Reform Act 2003
- Manukau City Council (Regulation of Prostitution in Specified Places) Bill 197-1 (2010), Local Bill
Organisations