Prostitution and brothel keeping are legal in New Zealand
. Pimping
(deriving financial gain from the prostitution of another) is also
legal.
Street prostitution is
also permitted.
Prior to 2003, prostitution in New Zealand was governed by the
Massage Parlours Act 1978,
which allowed some indoor prostitution under a facade; indoor sex
workers were required to be registered with the police. Advertising
the sale of sex ('soliciting'), running a brothel, and living from
the earnings of
prostitution were
illegal.
These laws were changed by the Prostitution Reform Act, which was
passed by the narrowest margin in June 2003. The decriminalisation
of
brothels,
pimping
and
soliciting and substitution of a
minimal regulatory model created worldwide interest. Although prior
to 2003 New Zealand had several laws meant to suppress
prostitution, in practice, during the last decades of the 20th
century, there had been a high degree of toleration of the sex
trade.
New Zealand
prostitution laws are some of the most liberal in
the world. New Zealand is one of the few countries in the
world where
brothels are legal.
In many
jurisdictions the act of exchanging sex for money is illegal; in
most countries it is illegal to operate a brothel and to derive
financial gain from the prostitution of another; in Sweden
, Norway
and Iceland
it is
illegal to pay for sex (the client commits a crime, but not the
prostitute). Countries which allow brothels include the
Netherlands
, Germany
and some
Australian states (see Legality of
prostitution).
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 Islands
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 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.
Prostitution Reform Act 2003
Statute law dealing with prostitution in New Zealand at the time of
the law reform included the
Crimes Act
1961,
Massage Parlours Act
1978 (repealed in 2003) and
Summary Offences Act 1981. Section
26 of the Summary Offences Act prohibited soliciting, S147 of the
Crimes Act prohibited brothel keeping, and S 148 living on the
earnings of prostitution, and S 149 procuring. In 2000, the Crimes
Act was amended to criminalise both clients and operators where
workers were aged under 18 (the age of consent for sexual activity
is 16).The Massage Parlours Act effectively allowed indoor
commercial sex under a facade. Prostitutes advertised their
services as 'escorts' and brothels advertised themselves as
'massage parlours'. Indoor workers were required to be registered
with the police, however many police forces also informally
registered escorts, and the media required such registration before
accepting advertisements.
In 1997 a number of groups came together to hold a Woman's Forum in
Wellington, out of which a working group developed to draft a bill,
including the NZPC, academics, women's groups (
New
Zealand Federation of Business and Professional Women,
National Council of Women,
YWCA), and the
AIDS
Foundation. Other individuals included legal volunteers and
MPs, in particular
Maurice
Williamson (
National, Pakuranga 1987- ),
Associate Minister of Health (1990-6) and
Katherine O’Regan (National, Waipa
1984-1996, List 1996-9), who championed the bill in
parliament.
Labour returned to power (
1999-2008) and
Tim Barnett (Labour
Christchurch Central 1996-2008) assumed responsibility for
introducing it as a Private Member's Bill to decriminalise
prostitution. This was based on the
harm
reduction model of
New South Wales
(1996). The bill was introduced on 21 September 2000 and placed in
the ballot box, being drawn as number 3 and debated on November 8
as Bill 66-1 (87:21), passing first reading 87:21. Party support
came from the
Greens, notably
Sue Bradford (List, 1999-2009). It was opposed
by
New Zealand First who proposed
the
Swedish approach of
criminalising the purchase of sex.. It then proceeded to select
committee (Justice and Electoral),
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 third reading on 25 June 2003. This bill
passed narrowly; of 120
MP, 60
voted for it, 59 against, and one politician,
Labour's Ashraf Choudhary, the country's only Muslim
MP, abstained. The result was a surprise as most commentators had
expected the bill to narrowly fail. An impassioned speech to
parliament by
Georgina Beyer, a
transsexual and former sex worker, was believed by many observers
to have persuaded several wavering MP's, possibly including Mr.
Choudhary, to change their votes at the last minute.
The Act replaced the previous legislation, largely removing
voluntary adult (18) prostitution from the criminal law and
replacing it with civil law at both national and local level. A
distinction was made between voluntary and involuntary
prostitution. It remains a crime to coerce 'someone to provide
sexual services'. Sex work is also prohibited for those on
temporary visas, and immigration for and investment in sex work is
prohibited. Contracts between provider and client were recognised,
and providers have the right to refuse services. Contested
contracts can be referred to the Disputes Tribunal. Advertising is
banned with the exception of print media which is restricted. The
Summary Offences Act remains in force in relation to offensive
soliciting. The
Criminal Records Act
2004 also allows sex workers to apply for previous convictions
to be removed from the record. Sex work is recognised (but not
promoted) as legitimate work by
Work and Income New Zealand. Now
workplace safety and health rules, developed in consultation with
the prostitutes' collective, apply to sex work. Employment disputes
can be referred to the
Labour
Inspectorate and Mediation Service. There is an obligation on
employers and employees to practise and promote safe sexual
practices. The Ministry of Health has the responsibility for
enforcement. Registration of indoor sex workers with the police was
replaced by certification at an administrative law level of
brothels employing more than four workers. Prior records have been
destroyed. Refusal of a certificate is permitted for prior criminal
offences (not necessarily related to prostitution). Police
activities changed from registration and prosecution to protection.
The Police Manual of Best Practice was amended to include
prostitution.
Local government was empowered to develop by-laws for zoning and
advertising, but not prohibit sex work.
In summary the Act decriminalised soliciting, living off the
proceeds of someone else's prostitution and brothel-keeping.
Aftermath
Following the passage of the Prostitution Reform Act, the
Maxim Institute and other conservative
Christian organisations tried to gain an appropriate number of
signatures for a citizens initiated referendum under the
Citizens Initiated
Referendum Act 1993.
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.
After the adoption of the
Prostitution Reform Act 2003,
members of a
United Nations women's
committee that was looking at how New Zealand was keeping its
commitment to the Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW) criticised the government of
New Zealand for decriminalising
brothels
and
pimping and asked it to repeal the new
law.
Local Government New Zealand provided model by-laws and procedures.
A private
Bill, the Prostitution Law Reform (Manukau
City
Council) Amendment Bill 2005 led to hearings before a select
committee, but failed to pass its second parliamentary reading on
October 11 2006 (46:73). In addition, court challenges have
usually failed to uphold more restrictive council by-laws. By 2006,
17 of 74 local governments had drafted or implemented
by-laws.
A report on the
Prostitution Reform Act 2003 was produced,
with the aim of studying the effects of the new legal system. This
evaluation was included in 2003, within the Act. In order to help
counter criticism,
a review on the Prostitution Reform Act 2003 had to be conducted three to five years after the Act came into force.
The evaluation, which presented its final results in May 2008,
reported that, although there were still problems, the overall
impression was positive. The evaluation however, was attacked by
critics, who accused the report of
bias, stated
that the members of the Committee who worked on the report were
supporters of the sex industry, and thus not neutral, and that in
reality the situation was much worse than presented in the
evaluation.
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. Some
deficiencies in safe practices, especially for oral sex, were
identified. Perceived stigma remained a problem. Inconsistencies
were noted between local and central government intent, the former
being more restrictive, causing problems for some workers. The PLRC
presented its final report in May 2008. It found no evidence for
the claims of critics at the time of introduction and it concluded
that there was no expansion of the industry. However employment
conditions still left a good deal to be desired. Stigma remained a
major problem, and the traditional distrust of authorities also
remained. The report can be found here:
[34133]
Following the release of the evaluation of the Prostitution Reform
Act 2003,suggestions of
bias were raised, and
critics stated that the authors of the report were supporters of
the sex industry, and thus not neutral.
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,"
In her report
"What really happened in New Zealand after
prostitution was decriminalized in 2003?",
Melissa Farley states that the
decriminalisation of prostitution had very negative effects (eg. an
increase in
human trafficking and
street prostitution) and that
the NZ Prostitution Law Review Committee "was biased and blatantly
favored the sex industry".
Manukau
City
Council’s portfolio leader for community safety,Councillor
Dick Quax, said that the government review
of street prostitution in Manukau was very disappointing. He said
"It ignores the fact that anti-social behaviour such as harassment
and intimidation has become worse since the passing of the
legislation decriminalising prostitution."
He stated that
street prostitution was a very
big problem in Manukau
:"There are
kids going to school with condoms lying on the street and
prostitutes still standing around. It's dangerous, not only
for the workers themselves but for the rest of the community. We're
sick of it (...) The community has had enough. It's not fun to come
out in the morning and be having to clean up condoms lying in your
garden and on the fence. Cleaning up condoms and needles - it's
just not fair".
One
particular problem with which New Zealand
still appears to struggle is child prostitution.
The most
recent Human
Rights Report on New
Zealand
(released on February 25, 2009) states that
"Illegal commercial sexual exploitation of children remained a
problem", and describes several cases involving the prostitution of children, which
have occurred both on the streets and inside brothels. Several
brothel owners have been arrested for hiring minors
.
Several brothel owners have been arrested for employing underage
girls, including a case where prosecutors applied for the first
time the law banning
sexual slavery,
adopted in 2006 in accordance with the UN Convention on the Rights
of the Child (the case involved Christchurch
brothel owner who was charged with exploiting
underage girls in prostitution; the two girls, ages 16 and 17,
worked at the brothel for more than a year).
In 2005,
ECPAT New Zealand and the Stop Demand
Foundation (two agencies which fight against the sexual
exploitation of children) questioned the effectiveness of New
Zealand's legislation in relation to underage prostitution; the
agencies pointed to a police survey of the New Zealand
sex industry which showed that 210 children under
the age of 18 years were identified as selling sex, with
three-quarters being concentrated in one Police
District..
Some
community workers had found girls "as young as 10 or 11" selling
sex, and one mentioned students from a West Auckland
high school who "turned tricks" at
lunchtime.Children as young as 13 were also removed from the
streets of
South Auckland.
In
Christchurch
, Salvation Army officer Major Wendy Barney from
Christchurch's Street Outreach Service (SOS) said underage
prostitution was "a big problem - but also a hidden
one".
The
Human
Rights Reports from 2004-2007 also stated that child
prostitution was a problem in New Zealand
.
In 2007,
the New
Zealand
Government disputed these claims.
Prostitution today
As in
other countries, New
Zealand
prostitutes work in a variety of settings.
The most dangerous of these is 'street walking': walking or
loitering in a particular area and waiting for clients to drive by.
Street
walkers gather on and around Karangahape Road
and Hunter's Corner in Auckland
, Vivian Street in Wellington
, andManchester Street, in Christchurch
, amongst other places.
Many sex workers find employment in
brothels
or
escort agencies. In the brothels,
clients come to the place of business, which may be in a commercial
area and fairly obvious, sometimes attached to a strip club, or
more discreetly in a residential area. Escort agencies take phone
calls from clients and arrange for the worker to go to their homes
or motels. Typically the business will charge the worker a fee per
shift, and will usually also take a set percentage of the client's
fee. Some also fine workers for lateness, unprofessional conduct
and other misdemeanours, and most require their workers to buy
their own clothes and accessories. This means that on a slow night
the worker may actually lose money. However, brothels and escort
agencies are generally seen as preferable to street prostitution,
as their environment appears to be relatively safe, although
incidents involving brothel owners who hired minors did occur
(including the one when prosecutors applied for the first time the
2006 law banning
sexual slavery).
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.
Sex workers who do not wish to be employed often set up one or two
person brothels or agencies, commonly from their homes. Within the
definitions of the act these are termed SOOB's (Small Owner
Operated Brothels) They tend to rely on classified newspaper
advertisements, again, particularly
New Zealand
Truth.
The vast majority of New Zealand sex workers are biologically
female, but there are also male and
transgender workers, particularly in Auckland.
Both engage in 'sole operator' businesses as described above, and
several male brothels and escort agencies exist. In addition,
transgender street walkers are not uncommon. Male prostitutes
aiming at a male clientele usually advertise in the gay newspaper
Express or in
New Zealand Truth.
The
New Zealand
Prostitutes' Collective is an organisation that supports the
rights of sex workers in New Zealand, and also provides health and
legal assistance, and general support. PUMP (Pride and Unity
amongst Male Prostitutes) is a subsection of the collective.
In July
2006 a police officer in Auckland
was reprimanded for moonlighting as a prostitute without
permission, but was allowed to keep her job as she had committed no
crime.
In 2008 an investigation by the
Women's Institute (UK) of prostitution
laws in a number of countries, concluded that New Zealand had the
best system for other countries to emulate.
Underage prostitution in New Zealand
The
Prostitution Reform Act
2003 with regard to prostitution under the age of 18 reads as
follows:
Prohibitions on use in prostitution of persons under 18
years
20. No person may cause, assist, facilitate, or encourage a person
under 18 years of age to provide commercial sexual services to any
person.
21. No person may receive a payment or other reward that he or she
knows, or ought reasonably to know, is derived, directly or
indirectly, from commercial sexual services provided by a person
under 18 years of age.
22. No person may contract for commercial sexual services from, or
be client of, person under 18 years
(1) No person may enter into a contract or other arrangement under
which a person under 18 years of age is to provide commercial
sexual services to or for that person or another person.
(2) No person may receive commercial sexual services from a person
under 18 years of age.
23. Every person who contravenes section 20, section 21, or section
22 commits an offense and is liable on conviction on indictment to
imprisonment for a term not exceeding 7 years.
(2) No person contravenes section 20 merely by providing legal
advice, counselling, health advice, or any medical services to a
person under 18 years of age.
(3) No person under 18 years of age may be charged as a party to an
offense committed on or with that person against this
section.
Under the PRA it is not illegal for a person under 18 to be a sex
worker, but it is illegal for anyone else to profit from them in
this capacity, or cause, assist, facilitate, or encourage them to
provide commercial sexual services to any person. It is also
illegal for anyone to purchase sex from a person aged under 18. The
defence of "reasonableness" has been removed, but sex workers
appearing under age may be asked by Police to provide proof of
age.
One of the arguments advanced against liberalising the sex industry
was that there would be an expansion of under-age prostitution. The
counter argument was that a transparent and destigmatised
profession would self-regulate responsibly and that it would be
much easier to monitor this, and expansion would not occur.
Currently, New Zealand
continues to struggle with the problem of child prostitution, both on the streets
and inside brothels; several brothel owners have been arrested for hiring
underage girls.
The New Zealand Prostitutes' Collective are opposed to child
prostitution, and campaign for stronger independent youth
allowances as well as other measures intended to assist younger
people at risk from undertaking child prostitution as an economic
necessity.
See also
References
- Belich, James (1996) Making Peoples: A history of the New
Zealanders from Polynesian settlement to the end of the nineteenth
century, Allen Lane, Auckland
- Donne, Thomas Edward (1927) The Maori, Past and Present: an
account of highly attractive, intelligent people, their doubtful
origin, their customs and ways of living, art, methods of warfare,
hunting and other characteristics, mental and physical, Sealey,
London
- New Zealand in History
- New Zealand History online: Kororareka
- Andre Lévesque, “Prescribers and Rebels: Attitudes to European
Women’s Sexuality in New Zealand 1860-1916,” Women’s Studies
International Quarterly, (1981), 4: 133-43
- Macdonald, Charlotte The ‘Social Evil’: Prostitution and the
Passage of the Contagious Diseases Act (1869), in Barbara Brookes,
Charlotte Macdonald and Margaret Tennant (eds) Women in History:
Essays on European Women in New Zealand , 1986 Wellington: Allen
and Unwin/Port Nicholson Press, pp.13–33
- Walter Monro Wilson, The Practical Statutes of New
Zealand, Auckland: Wayte and Batger 1867
- Raelene Francis: (1994) "The History of Female
Prostitution in Australia" in PERKINS, R., PRESTAGE, G., SHARP, R.
& LOVEJOY, F. (eds.) (1994) Sex Work and Sex Workers in
Australia. University of New South Wales Press: Sydney.
pp.27-52.
- Venereal Diseases in New Zealand, Report of the Special
Committee of the Board of Health (1922)
- Antje Kampf, Mapping out the Venereal Wilderness: Public
Health and STD in New Zealand, 1920-1980 , Lit, Berlin,
2007.
- War Regulation Amendment Act 1916, Police Offence Emergency
Regulations 1942
- Coleman J. Apprehending possibilities: tracing the emergence of
feminist consciousness in nineteenth-century New Zealand. Women's
Studies International Forum 31 (2008) 464-73
- Justice and Electoral Committee of
Parliament
- Dave Crampton. New Zealand - Christians Divide Over
Sex-Worker Law. New Zealand considers decriminalising prostitution.
Christianity Today, September 3 2001
- Paul Litterick: The Open Society, Winter 2004
77(2):7
- Prostitution Reform Act, Footprints Latest, December
2003
- [1]
- [2]
- Tim Barnett: Reform of prostitution law a success
(May 23 2008)
- The Humanitarian Chronicle: NZ Prostitution Law
Review Committee: Report, May 23 2008
-
http://209.85.129.132/search?q=cache:6mWrYn0exaUJ:www.prostitutionresearch.com/Report%2520on%2520NZ%252010-29-2008.pdf+%22what+really+happened+in+new+zealand%22+farley&cd=1&hl=ro&ct=clnk&gl=ro&client=firefox-a
- [3]
- [4]
-
http://www.nzherald.co.nz/drug-abuse/news/article.cfm?c_id=181&objectid=10555259
- [5]
- [6]
- [7]
- [8]
- [9]
- [10]
- [11]
- [12]
- The Economist: The Oldest Conundrum. October 30
2008
- Prostitution Reform Act 2003
- NZPC
Further reading
- Books
- 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
0415944473, 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
- 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
- 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
- Parliamentary documents
- Prostitution Reform Bill 2000
- Debates
- Submissions
- Reports
- Legislation and regulations
- Political statements
External links