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Prostitution in New Zealand

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Prostitution and brothel keeping are legal in New Zealand. Until 2003, advertising the sale of sex ('soliciting'), running a brothel, and living from the earnings of prostitution were illegal. Prostitution, as such, was not however illegal. This was changed by the Prostitution Reform Act, that was passed by the narrowest margin in June 2003. The decriminalisation of prostitution and substitution of a minimal regulatory model created worldwide interest, as this reversed centuries of attempts to suppress prostitution through criminal law. In 2008 prostitution law reform in Western Australia was based on the New Zealand model.

New Zealand prostitution laws are some of the most liberal in the world. New Zealand is one of the few countries of the world wherebrothels are legal. In many conutries the act of exchanging sex for money is illegal; in most jurisdictions it is illegal to opperate 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.

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. [1] [2] Along with food, water and timber, sex was one of the major commodities exchanged for European goods. The Bay of Islands and in particular the town of Kororareka was notorious for this and brothels proliferated. [3] [4] It is not clear whether all of these exchanges necessarily constituted prostitution in the usual sense of the word. In some cases the sex may have been part of a wider partnership between a tribe and a ship's crew, akin to a temporary marriage alliance. The amount of choice women had about their participation seems to have varied. Throughout this period there was a severe gender imbalance in the population and women were in short supply. [5]

In the nineteenth century, prostitution was generally referred to as the 'Social Evil'. [6] As with other British dependencies, New Zealand inherited both statute and case law from the United Kingdom, for instance the 1824 UK Vagrancy Act was in force till New Zealand passed its own Vagrancy Act (1866-1884). [7] These included reference to the common prostitute. New Zealand was also amongst those dependencies that British authorities pressured into passing Contagious Diseases Acts, New Zealand's was in force from 1869-1910. [8] [9] [10] These were oppressive Acts, based on the belief, as found in the 1922 report, that women represented vectors for the spread of venereal diseases. It was replaced by the Social Hygiene Act 1917, although these fears reappeared throughout the British Empire in both World Wars. [11] In the post war period the concern was more with 'promiscuity', although prostitution was seen as an extreme form of this. The gendered rationale and practice of venereal disease policy formed a focus for early feminist activism. [12]

Legislative framework

Statute law dealing with prostitution in New Zealand at the time of 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. The Massage Parlours Act effectively allowed indoor commercial sex under a facade. The sale of sex has never been prohibited. This did little to actually stop prostitution, the industry usually maintaining a thin pretence of being something else. 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 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).

Law reform

The social reform Labour Government of 1984-90 tackled a number of moral issues including decriminalising homosexuality (1986) and forming and funding the New Zealand Prostitutes' Collective (NZPC) in 1987 as a health promotion initiative, based on the 1986 Ottawa Charter. The NZPC formed primarily for peer-driven health education became increasingly aware that legislative reform was necessary to achieve their objectives. Funding was sustained under the Fourth National Government (1990-1999).

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-). It was opposed by New Zealand First who proposed the Swedish approach of criminalising the purchase of sex.. It then proceeded to select committee (Justice and Electoral), [13] which received 222 submissions and heard 66 submissions, amending and reporting in favour of the Bill on 29 November 2002, following the 2002 election, the bill now being referred to as Bill 66-2. Dissenting minority opinions were recorded by the National, New Zealand First, ACT New Zealand and United Future members. This was a Private Member's Bill, and theoretically members were allowed a conscience vote. However the three members of the 1999-2002 coalition ( Labour, Greens, Alliance) all had decriminalisation in their manifestos. Later, the Prime Minister, Helen Clark, lent her support to the bill.

During the parliamentary debates and committees, support came from some women's rights, some human rights groups and some public health groups. The police were neutral. Some feminists opposed the decriminalization of prostitution, Christian groups were divided, and fundamentalist religious groups, including Right to Life were opposed.[14]

Prostitution Reform Act 2003

The Prostitution Reform Act (PRA) passed third reading on 25 June 2003. This bill passed narrowly; of 120 MPs, 60 voted for it, 59 against, and one politician, Labour's Ashraf Choudhary, the country's only Muslim MP, abstained. The result was a surprise as most commentators had expected the bill to narrowly fail. An impassioned speech to parliament by Georgina Beyer, a transsexual and former sex worker, was believed by many observers to have persuaded several wavering MP's, possibly including Mr. Choudhary, to change their votes at the last minute.

Effect

The Act replaced the previous legislation, largely removing voluntary adult (18) prostitution from the criminal law and replacing it with civil law at both national and local level. A distinction was made between voluntary and involuntary prostitution. It remains a crime to coerce 'someone to provide sexual services'. Sex work is also prohibited for those on temporary visas, and immigration for and investment in sex work is prohibited. Contracts between provider and client were recognised, and providers have the right to refuse services. Contested contracts can be referred to the Disputes Tribunal. Advertising is banned with the exception of print media which is restricted. The Summary Offences Act remains in force in relation to offensive soliciting. The Criminal Records (Clean Slate) Act 2004 also allows sex workers to apply for previous convictions to be removed from the record. Sex work is recognised (but not promoted) as legitimate work by Work and Income New Zealand. Now workplace safety and health rules, developed in consultation with the prostitutes' collective, apply to sex work. Employment disputes can be referred to the Labour Inspectorate and Mediation Service. There is an obligation on employers and employees to practise and promote safe sexual practices. The Ministry of Health has the responsibility for enforcement. Registration of indoor sex workers with the police was replaced by certification at an administrative law level of brothels employing more than four workers. Prior records have been destroyed. Refusal of a certificate is permitted for prior criminal offences (not necessarily related to prostitution). Police activities changed from registration and prosecution to protection. The Police Manual of Best Practice was amended to include prostitution.

Local government was empowered to develop by-laws for zoning and advertising, but not prohibit sex work. A Review Committee, the Prostitution Law Review Committee (PLRC)[15] was established to provide research on the effect of the law and provide reports, in collaboration with academic researchers. Sex workers are represented on the committee.

In summary the Act decriminalised soliciting, living off the proceeds of someone else's prostitution and brothel-keeping.

Aftermath

After 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. [16] The initiative was sponsored by two United Future MPs, Gordon Copeland (List 2002-2008), the bill's most outspoken critic, and Larry Baldock (List 2002-8). [17] Although it was allowed an extension, anti-prostitution groups fell well short of gaining the number of authenticated signatures required.

Gordon Copeland and Larry Baldock left United Future for the Future New Zealand party, cofounded by Copeland, which then became the The Kiwi Party, making repeal of the PRA part of its platform in the 2008 election. Neither Copeland nor Baldock were re-elected, and the party failed to win any seats. United Future also lost 2 seats resulting in it becoming a single seat party. New Zealand First, which also opposed the bill, lost all parliamentary representation in 2008. Copeland was also an advocate of the Swedish system. [18]

Local Government

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 restrictive council by-laws that try to obstruct the purposes of the legislation: decriminalisation, health and occupational safety for sex workers. By 2006, 17 of 74 local governments had drafted or implemented by-laws. Zoning by-laws have however thwarted attempts to move street work to 'safe houses' as better practice.

Evaluation

The inclusion of evaluation within the Act helped to counter criticism [19] based on ideology. In 2005 the PLRC published a survey of the nature and extent of the industry. [20] Independent review by New Zealand academics working with sex workers was also provided for. These included the Crime and Justice Research Centre at Victoria University, [21], that included developing a framework for evaluation, [22] a systematic literature review, [23] stakeholder interviews, [24] and reviews of international legislation, [25] exiting practices, [26] and the role of local in relation to central government. [27]

Other research was carried out at Otago University's Christchurch School of Medicine and Health Sciences on the health and safety practices of sex workers. [28] An initial report in September 2006 indicated that the number of prostitutes plying their trade on the streets, since the changes of the Prostitution Reform Act 2003, had remained the same or reduced in some cases, contrary to allegations. [29] These preliminary findings were presented to a parliamentary working group the following month, [30] and a final submission to the PLRC the following year. [31] 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 little incentive to leave, and as expected, 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 overall impression was positive.

The PLRC presented its final report in May 2008 [32] It found no evidence for the claims of critics at the time of introduction. There was no expansion of the industry, and on the whole it had achieved its purpose. However employment conditions still left a good deal to be desired. Stigma remains a major problem, and the traditional distrust of authorities also remains. They suggested a further review in 2018. [33]

While the Government welcomed the report,[34] suggestions of bias were raised [35] and critics were unimpressed: "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," said Alex Penk, Maxim Institute's Policy and Research Manager. [36]

In her report "What really happened in New Zealand after prostitution was decriminalized in 2003?", Melissa Farley states that the decriminalization 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". [37]

Pressure within Parliament, resulting from a support agreement between Labour and United Future, a conservative Christian group, led to a second review in 2006, outside of the requirements of the Act, known as the Prostitution Working Group, consisting of Marian Hobbs (Chair, Labour), Gordon Copeland and Larry Baldock (United Future), together with officials from the Ministry of Justice and the Department of Internal Affairs. [38] [39] It reported in 2007.

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, and Manchester 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 misdemenours, 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 walking as it is usually safer. Although in the past some brothels and agencies had gang involvement or exploited their workers, they now appear to provide a relatively safe environment. They 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.[40]

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. [41]

Under-age prostitution in New Zealand

The Prostitution Reform Act 2003 with regard to prostitution under the age of 18 reads as follows:[42]

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 offence 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 offence 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. [43]

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.

ECPAT New Zealand and Stop Demand Foundation commented on the initial (2005) report of the PLRC, “The Nature and Extent of the Sex Industry in New Zealand,” citing a police survey of the New Zealand sex industry that 210 children under the age of 18 years were identified as selling sex, with three-quarters being concentrated in one Police District.[44] However the May 2008 report of the PLRC urges caution in interpreting any such figures and suggests that the numbers are quite stable since reform. ECPAT have also issued a number of their own reports on child prostitution. [45] [46]

The New Zealand Prostitutes' Collective are also 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

  1. ^ Belich, James (1996) Making Peoples: A history of the New Zealanders from Polynesian settlement to the end of the nineteenth century, Allen Lane, Auckland
  2. ^ 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
  3. ^ New Zealand in History
  4. ^ New Zealand History online: Kororareka
  5. ^ 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
  6. ^ 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
  7. ^ Walter Monro Wilson, The Practical Statutes of New Zealand, Auckland: Wayte and Batger 1867
  8. ^ 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.
  9. ^ Venereal Diseases in New Zealand, Report of the Special Committee of the Board of Health (1922)
  10. ^ Antje Kampf, Mapping out the Venereal Wilderness: Public Health and STD in New Zealand, 1920-1980 , Lit, Berlin, 2007.
  11. ^ War Regulation Amendment Act 1916, Police Offence Emergency Regulations 1942
  12. ^ Coleman J. Apprehending possibilities: tracing the emergence of feminist consciousness in nineteenth-century New Zealand. Women's Studies International Forum 31 (2008) 464-73
  13. ^ Justice and Electoral Committee of Parliament
  14. ^ Dave Crampton. New Zealand - Christians Divide Over Sex-Worker Law. New Zealand considers decriminalizing prostitution. Christianity Today, September 3 2001
  15. ^ PLRC
  16. ^ Paul Litterick: The Open Society, Winter 2004 77(2):7
  17. ^ Prostitution Reform Act, Footprints Latest, December 2003
  18. ^ Gordon Copeland: Press release - Swedish prostitution law model for New Zealand, Monday, 19 November 2007
  19. ^ Tim Barnett: Reform of prostitution law a success (May 23 2008)
  20. ^ PLRC: The Nature and Extent of the Sex Industry in New Zealand: An Estimation (April 2005)
  21. ^ Victoria University: Research for the Review of the Prostitution Reform Act 2003
  22. ^ An Evaluation Framework for the Review of the Prostitution Reform Act 2003
  23. ^ Jan Jordan: The sex industry in New Zealand - a literature review (March 2005)
  24. ^ Mossman and Mayhew: Key Informant Interviews Review of the Prostitution Reform Act 2003 (October 2007)
  25. ^ Elaine Mossman: International Approaches to Decriminalising or Legalising Prostitution (October 2007)
  26. ^ Mayhew and Mossman: Exiting Prostitution: Models of Best Practice (October 2007)
  27. ^ Mossman and Mayhew: Central Government Aims and Local Government Responses: The Prostitution Reform Act 2003 (October 2007)
  28. ^ Otago University: The impact of the PRA on the health and safety practices of sex workers
  29. ^ "Big Increase of Sex Workers a Myth: Latest Research". Christchurch School of Medicine and Health Sciences. 2006-09-12. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  30. ^ Submission tp Parliamentary Working Group, October 2006
  31. ^ Abel, Fitzgeraldand Brunton: The Impact of the Prostitution Reform Act on the Health and Safety Practices of Sex Workers (November 2007)
  32. ^ The Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003 (May 2008)
  33. ^ NZ Herald: Review finds no sign of more sex workers since Act passed (May 23 2008)
  34. ^ Act helps health and safety of sex workers, report says
  35. ^ The Humanitarian Chronicle: NZ Prostitution Law Review Committee: Report, May 23 2008
  36. ^ [1]
  37. ^ 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
  38. ^ Prostitution review working group formed, LawScene July 2006, p2.
  39. ^ Irene Chapple: A review of prostitution laws will propose fining clients who buy sex off street workers in an effort to limit the industry to brothels, Sunday Star Times, May 2007
  40. ^ "New Zealand policewoman found moonlighting as prostitute". Wikinews. 2006-07-20. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  41. ^ The Economist: The Oldest Conundrum. October 30 2008
  42. ^ Prostitution Reform Act 2003
  43. ^ NZPC
  44. ^ "Press Release: Under Age Prostitution". ECPAT. 2005-04-21. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  45. ^ ECPAT: The Involvement of Children in Commercial Sexual Activity (2004)
  46. ^ ECPAT: Commercial exploitation of children in New Zealand

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
Theses
Media
Parliamentary documents
Political statements
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