New Zealand Government Report on the results of Decriminization of Prostitution
in 2003
Published May 2008 by the Ministry of Justice
New Zealand is a bit unique since it has decriminalized all sexwork including
street hookers.
Some highlights
About 11% of sex work is on the street - no increase since law went into effect.
Mostly very positive on results related to safety, but problems related to
the Brothel system etc
There are concerns from communities regarding street work including liter
being aggressive but also the anti sexworker folks are a nusiance themselves:
"Residents and NZPC outreach workers also report ‘hoons’ throwing eggs at
sex workers. In addition, where street workers come into direct contact with
late night bar patrons there is often conflict. Abuse and harassment of street-based
sex workers by drunken members of the public is common."
Discusses local government attempt to have bylaws prohibiting public solicitation.
Discusses how other countries have addressed the issues.
It is a very comprehensive report and mostly supports the decriminalization
of all sexwork including street workers but makes various recommendations
to further avoid the negative community effects
Section 11 addresses common misconceptions about prostitution which is supportive
of decriminalization.
Extensive report at
http://www.justice.govt.nz/prostitution-law-review-committee/publications/plrc-report/index.html
It offers some very good talking points that could be used to argue decriminalization
in the U.S. especially for private sexwork. I doubt the U.S. public is as
willing to accept street workers. In New Zealand as in most of the world outcall
has always been legal and brothels were tolerated, now they have to be licensed.
But,
New Zealand Decriminalization Went TOO far!
Neighborhoods are in uproar over street prostitution and brothels
in residential areas
Most of the world has a more sensible balance. Outcall totally legal almost
everywhere except the U.S., brothels have to be in proper zoning not in residential
areas in most countries, and legal status varies from only one gal per flat
in the U.K., to huge public brothels in Australia and New Zealand.
Flawed Prostitution Law Ignores Dannevirke Community Concern
From New Zealand - http://www.voxy.co.nz
21 July 2008 - Family First says that the Dannevirke community has felt the
full impact of the ideologically flawed decriminalisation of prostitution.
"The new law has ridden roughshod over the concerns of local communities,
and Dannevirke is powerless to stop a brothel operating in the main street,"
says Bob McCoskrie, National Director of Family First NZ. "Once again, the
safety and welfare of families and children is being put second to business
ventures and male clientele."
"This has been the predicted outcome of the law. Other problems include an
increase in street prostitution, brothels operating in residential areas,
the association of brothels and prostitutes with drugs, alcohol, and used
condoms littering the area, and increased teenage prostitution (involving
girls reportedly as young as 11)."
"Despite attempts by the Dannevirke Community (and other local communities
in Manukau and Wellington) to gain control over this type of behaviour, politicians
continue to block attempts to empower local communities. Laws governing the
availability of alcohol and numbers of pokie machines have also ignored the
concerns and welfare of local communities and families." Family First is calling
on the government to empower local councils to be able to respond to the concerns
of families.
"The decriminalisation of prostitution has failed prostitutes by encouraging
them to think that prostitution can be safe - which it can never be. But now
the law is also failing our communities and families. We must change it before
it is too late," says Mr McCoskrie.
Dave notes:
In case your wondering what a pokie machine is - no not what you think sexually
... - Mates, its a New Zealand expression for casino slot machines.
Family First New Zealand is a lobby group that promotes conservative values
in New Zealand. While it also is against all prostitution I think it does
have a valid point regarding street hookers and brothels in residential areas.
New Zealand Decrim - Possible Example for Canada & U.S
In my view much of the failure to decriminalize (decrim) private consenting
adult sexwork in the U.S. is the street hooker issue. In Canada its
been an obstacle for reforming the bawdy house and agency restrictions. New
Zealand maybe has a balanced approach we can learn from and help reform movements
in the U.S. and Canada.
New Zealand's public pressure to reverse decrim of street hookers.
New Zealand is used as an example by the decrim advocates of what they want
to achieve in Canada and other countries. The decrim zealots want to make
street solicitation legal which is a failed concept in almost all of the world
where its been tried. Even special zones set up in Europe have mostly resulted
in more crime, child trafficking and have been failures.
Yet the decrim zealots want to force the public to accept street hookers rights
to be "in the face" of the public, regardless of how upset the public is.
Since private sexwork, with various restrictions for incalls, is already legal
in most of the world except the U.S. the decrim issue in most countries centers
on public street hookers.
Press Release: Manukau City Council (3rd largest city in New Zealand)
24 November 2005!
Manukau City Council is seeking strong support from all MPs for the successful
passage through Parliament of two local bills on prostitution which were introduced
to the House on 22 November. The bills will undergo their first reading on
7 December and if successful will be referred to a select committee.
Mayor Sir Barry Curtis who has advocated long and hard on both issues says,
“I appeal to Manukau residents: if you want change, lobby your local MP on
both issues. In September a rally was held at Hunters Corner against prostitution
and a petition was signed supporting both bills which has been sent to Parliament.
“You have the power to help bring about change and clean up your environment.
Wednesday 7 December is our biggest hurdle to clear. We need to raise awareness
of the bills’ importance for our city and gain support of MPs so that they
pass their first reading. I, along with Councillors and Council officials,
will be continuing to lobby hard to bring about change to improve the quality
of life for our residents. “This week I am sending a letter to the Prime Minister,
Ministers of the Crown and all Members of Parliament summarising the bills
and requesting their support.”
The Local Bill on street prostitution aims to give authorities the powers
to prevent street prostitution by prohibiting soliciting in public places
in Manukau City. This applies to both street prostitutes and their clients
and to nuisance conduct connected with street prostitution. It also provides
Police with powers to request information, to issue instant fines of $500,
to arrest suspected offenders, and to prosecute offenders in Court that may
result in a fine of up to $10,000.
Sir Barry says, “The Bill is part of a multi-pronged approach to limit prostitution
to legally established brothels. The Bill does not re-criminalise prostitution
in the whole of the City. Prostitution would continue within safe, regulated
and lawfully established brothels (outcalls have always been legal of course
as in most of the world except the U.S.). Street prostitution is not conducive
to any of the aims of the Prostitution Reform Act 2003, which aims to safeguard
the health and safety of sex workers and limit persons in that industry to
those over 18 years of age.”
The Prostitution Reform Act 2003 made ALL adult prostitution and brothels
a legal occupation in New Zealand but may have too many restrictions on brothels.
In fact the government has online their "Brothel Operator Certificates." There
are reasonable health and safety requirements such as using condoms, local
bylaws can restrict signage and brothel locations, and a provision to outlaw
pimping. The entire Act is at
http://www.sexinnz.co.nz/news2.htm#REFORM%20ACT%202003
The Accident Compensation Corporation (like our Workers Compensation) says,"
Both prostitutes and brothels will come under the ACC classification for "personal
services not elsewhere classified" which is the category that also covers
massage parlours. This classification falls within the broader Levy Risk Group
690, Personal and Other Services – Medium Risk Group.
ACC will cover the normal range of injuries, as it does already. Cover is
unlikely to be available for sex workers who become pregnant in the course
of their employment as this would not be considered a personal injury under
the Injury Prevention, Rehabilitation, and Compensation Act 2001. But it may
be available for a sexually transmitted infection if the tests are met that
are set out in Section 30 IPRC Act 2001 for work-related gradual process,
disease or infection."
However there is great concern that it also decriminalized street hookers
and the legal situation is unclear. Section 14 of the Act allows local governments
to make bylaws "regulating the location of brothels of any scale, but not
extending to other businesses of prostitution." It was hoped that by making
brothels legal women would choose to work from their own homes (as allowed
as home business in zoning rules) and get off the streets. But after
the Reform Act there are still many street hookers which it seems can't be
restricted under the Act.
Dave says, this idea could be used for reform laws in Canada (and hopefully
some day in the U.S.) Instead of insisting on total decriminalization, realize
the overall public view that private consenting adult sex should not be a
legal issue, yet public street soliciting is a huge public nuisance issue.
Therefore, increase penalties for street solicitation, while providing safe
legal alternatives. In addition programs should be expanded to provide drug
rehab for street hookers with diversion programs that would eliminate criminal
street solicitation convictions. Provide help to the street hooker, who usually
is desperate for drug money be a responsible citizen who can choose to work
if she chooses in a safe incall or private sexwork as an option. But not stoned
and not on the streets
In Canada, abolish the bawdy house law and make incalls subject to the same
type of zoning requirements as any other legitimate business. Eliminate the
living off the avails and procuring laws that can be used against agencies,
but keep them for parasitic pimp type relationships.
Another concern with reforms that include legalization of brothels (vs.
decriminalization) is in some countries requirements for legal brothels is
too restrictive. In most of the world private sexwork has always been
legal and without any medical testing or in most cases licensing requirements.
There is no evidence that private sexwork has any above average health risks
- in fact risk is probably far lower than having sex with a non sexworker.
The licensing and medical requirements may make some folks feel good but
they are totally unneeded for public health issues. Yes include in the law
that condoms are required. That is as far as a law should go.
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