For example, it is legal for a person under the age of 18 to be a sex worker, but it is illegal for others to benefit from it or to induce them to support, facilitate or encourage them to offer commercial sexual services to a person. It is also illegal for anyone to purchase sexual services from anyone under the age of 18. The media will likely require photo identification before advertising to ensure they comply with this law. The “adequacy” defence has been removed, but sex workers who appear to be minors may be required by police to provide proof of age. [67] While it is illegal (see Attorney General`s Notice on the New Zealand Bill of Rights) to discriminate against people on the basis of gender identity in New Zealand, the transgender community often finds that many of its young members need survival sex for food, shelter, and rest. As a result, they are strongly represented in street sex work. [39] Decriminalisation or decriminalisation is the legal reclassification of certain acts or aspects thereof that are no longer considered criminal offences, including the lifting of criminal sanctions concerning them. This reform is sometimes applied retroactively, but comes into force either when the law comes into force or from a certain date. In some cases, regulated permits or fines may still apply (in contrast, see: Legalization), and related aspects of the original criminal act may persist or be explicitly classified as a crime. The term was coined by anthropologist Jennifer James to express the “goals of the sex worker movement to eliminate laws directed against prostitutes,” although it is now commonly applied to drug policy. [1] The reverse process is criminalization.
It is not illegal to work as a sex worker or run a brothel, or to pay for sexual services. However, it is illegal for third parties under the age of 18 to facilitate sex work. It is also illegal to do sex work if you visit New Zealand on a temporary visa. These issues are discussed below. Shadow report for the Committee on the Elimination of Discrimination against Women for New Zealand. 2007. This report, just four years after the legislation was passed, highlights some of the major problems related to prostitution in New Zealand. A few years ago, I realized that as much as I would like to do this forever, my body will eventually close the shop, so I went to college and did my bachelor`s degree in social practice as a substitute, and sex work helped me pay the way. When I retire, I know that when these bills come in, I`ll probably put out an ad in the newspapers from time to time, you know, “Just this weekend.
Bubbles is back! New Zealand`s sex industry has operated since the early days of European colonization, with governments enacting various laws to combat their activities. However, the criminalization of prostitution and the laws` focus on sex workers rather than their clients were increasingly challenged in the late 20th century. It was in this context that decriminalization finally took place in 2003. It is difficult to determine the impact of PRA given the nature of the sex industry, although significant evidence suggests that the decriminalization of prostitution has had a positive impact on various aspects of sex work for many. The number of sex workers and underage workers does not appear to have changed significantly. Despite decriminalization, the industry remains controversial, with some problems remaining. These include working conditions and the place of sex work. Zu den Prostitutiongesetzen, der der zweite Hälfte des 20. The Offences Act 1961, the Massage Parlours Act 1978 and the Summary Offences Act 1981. Section 26 of the Summary Offences Act prohibits recruitment, section 147 of the Penal Code prohibits the management of brothels, section 148 prohibits living off the proceeds of prostitution and section 149 prohibits procuring. In 2000, the Crime Act was amended to criminalize both customers and operators if employees were under the age of 18 (the age of consent for sexual activity is 16).
Minors under the age of 18 were still considered delinquents after the Act came into force until the adoption of the Prostitution Reform Act in 2003. Before sex work was decriminalized, I had to be very careful about the wording of the advertising. I couldn`t imply there was sex. Now I can say very clearly, “Please don`t ask for services without a condom.” I won`t have sex without one, and I don`t kiss my clients. If I worked in America, it would be risky to wear condoms when I go to visit my home, because if you get caught, the police can use them as evidence and get you to recruit. This is not certain for anyone. Decriminalization allows me to advertise my services transparently, and I don`t have to work alone and I`m responsible for my schedule. Also, I`m not constantly afraid of who is going to hit because I know it will be a customer and not an undercover policeman. 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. Sex work is recognised (but not encouraged) by Work and Income New Zealand, which is not allowed to advertise vacancies in brothels or suggest that people start working in the sex industry in order to gain an advantage. Now, health and safety regulations developed in consultation with the prostitute collective apply to sex work. Labour disputes may be submitted to the labour inspectorate and the mediation service.
Employers and employees have an obligation to engage in and promote safe sex practices. The implementation of the Act is the responsibility of the Ministry of Health. The registration of indoor sex workers with the police has been replaced by the certification of brothel operators at the administrative level. [21] Previous records were destroyed. Refusal of a certificate is permitted for previous offences (not necessarily related to prostitution). Police activities have shifted from registering and prosecuting sex workers to protection. The Police Best Practices Manual has been amended to include prostitution. Since Captain James Cook`s voyage to New Zealand in 1769, there has been considerable interaction between Pacific Island women and sailors chartering Pacific and New Zealand waters. Whalers, sealers and traders visiting New Zealand regularly traded items such as muskets for sexual access to Maori women (and sometimes men). A sex industry has existed in New Zealand since the early days of European colonization. [3] The first relevant legislation derives from the English Vagrancy Act of 1824, which could be invoked against prostitutes on the public highway or in any public place and for “seditious or indecent behaviour”.
[4] The industry developed with the colony and the effects of the “rushes” to the goldfields of the 1850s and 1860s. The scale of the industry and the way it is managed has often polarized views. [5] New Zealand passed its own Vagrant Act in 1866, under which any “ordinary prostitute” who publicly behaved “seditious or indecent” was punishable by up to three months` imprisonment, which could include forced labour. [6] Local governments were responsible for controlling brothels and some introduced laws that prohibited them, such as Auckland in 1854 and Timaru in 1875. Enforcement of laws against prostitutes was sometimes rigorous, especially after the mid-1860s. [7] Under the Contagious Diseases Act of 1869, regular medical examinations of an “ordinary prostitute” could be ordered. If a woman has a contagious disease, she may be detained in a women`s reformatory. [8] The introduction of the law was apparently influenced by the desire for a formal licensing system. Initially, the law was only applied in Canterbury and later briefly in Auckland. [9] The US Department of State`s human rights reports from 2004 to 2009 comment on cases of child prostitution in New Zealand.
[81] [82] [83] [84] [85] The 2008 report notes that Christchurch prosecutors were the first to enforce the Sexual Slavery Prohibition Act, passed in 2006 in accordance with the UN Convention on the Rights of the Child. [81] However, this is not mentioned in national sources and the PRA provides for sanctions for such acts; And the 2009 report does not mention it.