It is not against the law to work as a sex worker or operate a brothel, nor is it against the law to pay for sexual services. However, it is against the law for any third party to facilitate anyone under the age of 18 into sex work. It is also illegal to do sex work if you are visiting New Zealand on a temporary visa. These issues are discussed below.
New Zealand is the only country in the world with a law which aims to uphold the human rights of sex workers and to decriminalise prostitution. This means Sex workers can meet their clients in a variety of settings, such as a brothel, private dwelling, or outdoors. They can work for themselves, or with friends, from home or an apartment. Sex workers can also do street-based work, or work in brothels which are operated by someone else.
In accordance with both Criminal Law and the PRA , nobody — including brothel operators, receptionists, minders, or clients — can force a sex worker to have sex, even if a client has paid. There are a variety of different bodies which have responsibilities relating to various aspects of sex work businesses, just like any other workplace.
The laws pertaining to sex work are the same as those for other workplaces in this country; sex workers are able to have the same labour rights as workers in other occupations. They are entitled to workplace protections and access to healthcare. The Prostitution Reform Act was passed in It replaced laws criminalising sex workers and third parties. A brothel is any premises habitually used for sex work. Some councils have not allowed brothels to operate in some areas, however they cannot ban brothels outright.
Some councils have made by-laws that affect the signage and location of brothels. Councils make rules about home based-occupation, which sometimes outlaw home-based sex work. The Ministry of Health has published posters which spell out the requirements for safer sex practices. These are available from NZPC and are free.
