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Government Laws

Prostitution Reform Act of 2003

Prostitution is legal in New Zealand.

The Prostitution Reform Act of 2003 repealed the following provisions:

• Section 26 of the Summary Offences Act 1981 (soliciting)
• Section 147 of the Crimes Act 1961 (brothel keeping)
• Section 148 of the Crimes Act 1961 (living on the earnings of prostitution)
• Section 149 of the Crimes Act 1961 (procuring sexual intercourse)
• The Massage Parlours Act 1978 and related regulations

The Prostitution Reform Bill of 2003 decriminalizes the sale of sex and the ownership and management of a brothel. It also makes it illegal to cause or assist children to participate in the sex industry. Children are defined as those persons who have not reached 18. The Crimes Act 1961 provides that there is no defense to having sex with an under age person if the person charged believed the child was of age or consented. For consistency, a similar sub section is included in the Prostitution Reform Bill. The Human Rights Commission supports the Prostitution Reform Bill, and is of the opinion that the reforms will create an environment that is both less hostile and more transparent to those victimized by the trafficking industry.

This prohibits the granting of permits under the Immigration Act based on provision of commercial sex, and prohibits holders of temporary permits from providing commercial sex. A Prostitution Law Review Committee will review the operation of the Act within 5 years, and consider (among other matters) whether any amendments to the law are desirable to limit or control the location and conduct of prostitution.

Authorities have clamped down on trafficking of children for the purpose of commercial sexual exploitation. There were seven convictions for offenses involving underage prostitutes in 2004.