New Zealand Legalization of Prostitution

The future of the bill was called into question when Manukau City Council ceased to exist at the end of 2010 and was admitted to Auckland Council. However, the new Auckland City Council approved the bill[59] and, given the municipal restructuring, Auckland had until February 2011 to submit its proposal, with the committee hoping to report back to Parliament in March 2011 to allow for a second reading of the bill. [60] Auckland Council invited the NZPC to submit a submission on February 15, 2011. [61] On January 27, 2011, Council voted 11-7 in favour of a bill in committee on the bill to give it the power to prohibit street prostitution throughout Auckland. [62] Underage sex workers and undeclared workers may be particularly vulnerable to exploitation and negative experiences. According to a survey conducted in 2003-2004 in districts and police areas, an estimated 210 minors are involved in the sex industry, the majority of whom live on the streets. [61] From 2004 to 2011, 133 PRA charges and 57 convictions were prosecuted for prostitution of minors (see Figure 1). [62] The Victoria University investigation identified the protection of persons under the age of 18 from use for prostitution as an area where improvements were needed. [63] Cases of underage sex workers and violence against them have been reported. [64] The Committee`s report did not take into account that the PRA had increased the involvement of minors in prostitution. Media coverage of underage prostitution has often given an exaggerated impression of the number of people involved, and the PRA has raised public awareness of the issue. [65] The NZPC found that, since decriminalization, brothel operators who hire are much more aware that they are breaking the law by hiring someone under the age of 18. The number of registered underage sex workers is reported to be very low in Christchurch and Wellington and also low in Auckland.

[66] The Committee noted that it is aware that some people who work in the sex industry violate their immigration status and work illegally on visitor or student visas. [67] The Committee expressed concern that these sex workers are not protected by the PRA and may be vulnerable to exploitation. [68] More recently, the United States has stated that New Zealand is „a country of origin for underage girls exposed to internal sex trafficking.“ In addition, „a small number of girls and boys, often Maori or Pacific Islander, are trafficked within the country to engage in street prostitution“. [69] Prohibition of use for prostitution by persons under the age of 18.20 It is prohibited to induce, support, facilitate or encourage a person under the age of 18 to provide commercial sexual services to anyone. 21. No person shall receive any 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 participate in commercial sexual services of persons under 18 years of age or be a client of a person under 18 years of age. 1.

No person shall enter into a contract or other agreement under which a person under the age of 18 is to provide commercial sexual services to that person or another person. (2) No person shall receive commercial sexual services from a person under 18 years of age. 23. Every person who violates section 20, 21 or 22 is guilty of an offence and is liable to imprisonment for a term of up to 7 years if convicted. (2) No person shall violate section 20 by offering legal advice, advice, advice of health or medical services to a person under 18 years of age. 3. No person under 18 years of age shall be prosecuted as a party to an offence committed against or with that person against this Article. The location of brothels in local territories is an ongoing area of contention, and a survey conducted in March 2011 found that 66% of the population would support a ban on brothels in residential areas.

The same poll showed 50% support for banning street prostitution. [41] ___ 1 Ministry of Justice, „Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003,“ Government of New Zealand, May 2008, p. 168, prostitutescollective.net/wp-content/uploads/2016/10/report-of-the-nz-prostitution-law-committee-2008.pdf. 2 Prostitution Reform Act, 2003, www.legislation.govt.nz/act/public/2003/0028/latest/whole.html. 3 Department of Justice, „Report.“ 4 „The New Zealand Model,“ New Zealand Prostitutes` Collective, accessed 20 April 2020, www.nzpc.org.nz/The-New-Zealand-Model. Im spät 19. In the nineteenth century, tolerance of prostitution declined, with growing concern about the number of street prostitutes and „shabby houses“ in which prostitutes worked. [10] The Police Offences Act 1884 repealed the Vagrant Act 1866. [11] „Ordinary prostitutes“ who loitered in public places and harassed passengers were liable to a fine of two pounds or imprisonment for up to one month. Those who behave in a „seditious or indecent“ manner in public places can be punished with up to three months` imprisonment. [12] All owners of „refreshment stands“ that allowed prostitutes to meet and stay there were fined up to ten pounds. [13] In the 1890s, concerns were raised about the participation of young women in the sex industry.

[14] The Penal Code of 1893 and the Crimes Act of 1908 sentenced anyone who maintained an „ordinary house for the purpose of prostitution,“ as well as their tenants, tenants, or residents, to two years in prison with hard labor. [15] Both sides cite the example of New Zealand, the only country in the world that has completely decriminalized prostitution. So who is right? Fears of prostitution increased during World War I, when health activist Ettie Rout tried to combat STDs among New Zealand soldiers. [16] The Police Offences Act 1927 provided the same penalties as the Police Offences Act 1884 for „ordinary prostitutes“ who loitered in public places, harassed passengers, and behaved publicly „rioting or indecent.“ This also applied to owners of „refreshment stands“ who knowingly allowed or suffered prostitutes. [17] Another concern arose from World War II and the stationing of American forces in New Zealand. [18] Under the Crimes Act of 1961, keeping a brothel, living off the avails of prostitution, and arranging sexual intercourse were offences, each punishable by up to five years` imprisonment. [19] The Massage Parlours Act of 1978 was intended to monitor and regulate the industry and was passed out of fear of crime in brothels. [20] Massage parlor operators were required to be licensed and could not have been convicted of prostitution-related offences under the Police Offences Act 1927 and the Crimes Act 1961 in the 10 years preceding the licence application. [21] The licence could be revoked if a masseur or masseuse employed or employed by the holder was convicted of prostitution or if an act of prostitution was facilitated by ineffective supervision. [22] The law prohibited persons convicted of drug or prostitution offences from being employed in such establishments. Since massage parlors were legally defined as public places, workers could be convicted of advertising on the premises.

This effectively forced them into unauthorized arenas when they decided to continue working in the sex industry. [23] However, opponents argue that the opposite is true – that lifting criminal penalties for sex trafficking would make prostitution more dangerous and lead to an increase in human trafficking. In the nineteenth century, prostitution was commonly referred to as a „social evil“. [9] As with other British dependencies, New Zealand inherited both the law and jurisdiction of the United Kingdom, for example the UK Vagrancy Act of 1824 was in force until New Zealand passed its own Vagrancy Act (1866-1884). [10] This included the reference to the ordinary prostitute. New Zealand is also among the dependencies that are pressuring the UK authorities to pass legislation on communicable diseases; New Zealand was in force from 1869 to 1910. [11] [12] [13] The Women`s Christian Temperance Union New Zealand continued its efforts to repeal communicable disease laws and increased its petitions and public letters with data from court convictions to prove how the law protected male predators and kept girls and women of all classes vulnerable to assault. [14] These were repressive acts based on the belief, officially expressed even in the 1922 report, that women were vectors for the spread of venereal diseases. It was replaced by the Social Hygiene Act 1917, although these fears resurfaced throughout the British Empire during both World Wars. [15] In the post-war period, it was more about „promiscuity,“ although prostitution is considered an extreme form of it. The gendered logic and practice of STD policy has been a focal point for early feminist activism.

[16] The law replaced previous legislation, including the repeal of the Massage Parlours Act, with voluntary prostitution of adults (aged 18 and over) largely removed from criminal law and replaced by civil law at the national and local levels. A distinction was made between voluntary and involuntary prostitution. Forcing someone to provide sexual services remains a crime. Sex work is also prohibited for people on temporary visas, and immigration and investment in sex work is prohibited. Contracts between the supplier and the customer have been recognized, and suppliers have the right to refuse services. Disputed contracts may be referred to the Dispute Tribunal. Advertising is prohibited, with the exception of print media, which is restricted. The Summary Conviction Offences Act remains in force with respect to personal conduct, which may be characterized as offensive conduct. [20] The Criminal Records Act 2004 (clean slate) also allows sex workers to request the removal of previous convictions from the register.