This Act (other than the provisions referred to in subsection (2)) comes into force on the day after the date on which it receives the Royal assent.

Part 3 and sections 49 and 50(2) come into force 6 months after the date on which this Act receives the Royal assent.

The purpose of this Act is to decriminalise prostitution (while not endorsing or morally sanctioning prostitution or its use) and to create a framework that—

In this Act, unless the context otherwise requires,—

In this Act, a reference to providing or receiving commercial sexual services means to provide or receive those services personally (rather than arranging another person to provide the services or arranging for the services to be received by another person).

In this Act, operator, in relation to a business of prostitution, means a person who, whether alone or with others, owns, operates, controls, or manages the business; and includes (without limitation) any person who—

Despite anything in subsection (1), a sex worker who works at a small owner-operated brothel is not an operator of that business of prostitution, and, for the purposes of this Act, a small owner-operated brothel does not have an operator.

This Act binds the Crown.

No contract for the provision of, or arranging the provision of, commercial sexual services is illegal or void on public policy or other similar grounds.

Every operator of a business of prostitution must—

Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

The obligations in this section apply only in relation to commercial sexual services provided for the business and to sex workers and clients in connection with those services.

In this section, health information means information on safer sex practices and on services for the prevention and treatment of sexually transmissible infections.

A person must not provide or receive commercial sexual services unless he or she has taken all reasonable steps to ensure a prophylactic sheath or other appropriate barrier is used if those services involve vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections.

A person must not, for the purpose of providing or receiving commercial sexual services, state or imply that a medical examination of that person means that he or she is not infected, or likely to be infected, with a sexually transmissible infection.

A person who provides or receives commercial sexual services must take all other reasonable steps to minimise the risk of acquiring or transmitting sexually transmissible infections.

Every person who contravenes subsection (1), subsection (2), or subsection (3) commits an offence and is liable on conviction to a fine not exceeding $2,000.

A sex worker is at work for the purposes of the Health and Safety at Work Act 2015 while providing commercial sexual services.

However, nothing in this Act (including subsection (1)) limits that Act or any regulations or approved codes of practice under that Act.

Advertisements for commercial sexual services may not be—

A person who does any of the things described in subsection (1), or who authorises any of the things described in that subsection to be done, commits an offence and is liable on conviction to,—

In this section, advertisement means any words, or any pictorial or other representation, used to notify the availability of, or promote the sale of, commercial sexual services, either generally or specifically.

A territorial authority may make bylaws for its district that prohibit or regulate signage that is in, or is visible from, a public place, and that advertises commercial sexual services.

Bylaws may be made under this section only if the territorial authority is satisfied that the bylaw is necessary to prevent the public display of signage that—

Bylaws made under this section may prohibit or regulate signage in any terms, including (without limitation) by imposing restrictions on the content, form, or amount of signage on display.

Parts 8 and 9 of the Local Government Act 2002 (which are about, among other things, the enforcement of bylaws and penalties for their breach) apply to a bylaw made under this section as if the bylaw had been made under section 145 of that Act.

A bylaw made under section 12 must be made in the same manner in all respects as if it were a bylaw made under the Local Government Act 2002.

Despite subsection (1), a bylaw may be made under section 12 even if, contrary to section 155(3) of the Local Government Act 2002, it is inconsistent with the New Zealand Bill of Rights Act 1990.

Without limiting section 145 of the Local Government Act 2002, a territorial authority may make bylaws for its district under section 146 of that Act for the purpose of regulating the location of brothels.

When considering an application for a resource consent under the Resource Management Act 1991 for a land use relating to a business of prostitution, a territorial authority must have regard to whether the business of prostitution—

Having considered the matters in subsection (1)(a) and (b) as well as the matters it is required to consider under the Resource Management Act 1991, the territorial authority may, in accordance with sections 104A to 104D of that Act, grant or refuse to grant a resource consent, or, in accordance with section 108 of that Act, impose conditions on any resource consent granted.

Subsection (1) does not limit or affect the operation of the Resource Management Act 1991 in any way, and it may be overriden, with respect to particular areas within a district, by the provisions of a district plan or proposed district plan.

No person may do anything described in subsection (2) with the intent of inducing or compelling another person (person A) to—

The acts referred to in subsection (1) are any explicit or implied threat or promise that any person (person B) will—

Every person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding 14 years.

Despite anything in a contract for the provision of commercial sexual services, a person may, at any time, refuse to provide, or to continue to provide, a commercial sexual service to any other person.

The fact that a person has entered into a contract to provide commercial sexual services does not of itself constitute consent for the purposes of the criminal law if he or she does not consent, or withdraws his or her consent, to providing a commercial sexual service.

However, nothing in this section affects a right (if any) to rescind or cancel, or to recover damages for, a contract for the provision of commercial sexual services that is not performed.

A person’s benefit, or entitlement to a benefit, under the Social Security Act 2018 may not be cancelled or affected in any other way by his or her refusal to work, or to continue to work, as a sex worker (and, in this case, that work is not suitable employment for that person under that Act).

A person’s entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001 may not be lost or affected in any other way by his or her being capable of working as a sex worker if he or she refuses to do, or to continue to do, that kind of work.

In this section, refusal means a refusal to do this kind of work in general, rather than a refusal of a particular job or at a particular time.

No visa may be granted under the Immigration Act 2009 to a person on the basis that the person—

It is a condition of every temporary entry class visa granted under the Immigration Act 2009 that the holder of the visa may not, while in New Zealand,—

It is sufficient reason for the Minister of Immigration or an immigration officer to determine that a temporary entry class visa holder is liable for deportation under section 157 of the Immigration Act 2009 if the Minister or the officer believes, on reasonable grounds, that the holder is engaged in any of the things listed in subsection (2)(a) to (c) of this section.

Any conditions of a resident visa are deemed not to have been met and the resident is liable for deportation under section 159 of the Immigration Act 2009 if the Minister of Immigration or an immigration officer determines that the holder of a resident visa acts as an operator of, or invests in, a New Zealand business of prostitution.

This section applies to all visas and permits held and all requirements and conditions imposed under the Immigration Act 1987 or the Immigration Act 2009, whether granted or imposed before or after the commencement of this section.

No person may cause, assist, facilitate, or encourage a person under 18 years of age to provide commercial sexual services to any person.

No person may receive a 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.

No person may enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person.

No person may receive commercial sexual services from a person under 18 years of age.

Every person who contravenes section 20, section 21, or section 22 commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years.

No person contravenes section 20 merely by providing legal advice, counselling, health advice, or any medical services to a person under 18 years of age.

No person under 18 years of age may be charged as a party to an offence committed on or with that person against this section.

The powers of inspection in section 26 may be used only for the purpose of determining whether or not a person is complying, or has complied, with section 8 or section 9.

This section does not limit the ability of an inspector to report any other offence or suspected offence to the Police or any other relevant agency.

Every person designated as a Medical Officer of Health by the Director-General of Health under the Health Act 1956 is an inspector for the purposes of this Act.

A Medical Officer of Health may also appoint persons as inspectors for his or her health district, on a permanent or temporary basis, for the purposes of this Act.

A Medical Officer of Health may appoint a person as an inspector only if satisfied that he or she is suitably qualified or trained to carry out that role.

That appointment must be in writing and must contain—

An inspector may, at any reasonable time, enter premises for the purpose of carrying out an inspection if he or she has reasonable grounds to believe that a business of prostitution is being carried on in the premises.

For the purposes of the inspection, the inspector may—

An inspector may seize and retain any thing in premises entered under this section that the inspector has reasonable grounds to believe will be evidence of the commission of an offence against section 8 or section 9.

Nothing in this section limits or affects the privilege against self-incrimination.

An inspector may take any person acting under the inspector’s direct supervision into the premises to assist him or her with the inspection.

An inspector may not enter a home under section 26 unless he or she—

A District Court Judge, Justice, Community Magistrate, or Registrar of the District Court (who is not a constable) may issue a warrant to enter a home or part of a home if, on application made on oath, he or she is satisfied that there are reasonable grounds for believing that—

The warrant must be directed to an inspector by name and must be in the prescribed form.

An inspector must, on entering premises under section 26 and when reasonably requested at any subsequent time, produce—

If the owner or occupier of the premises is not present at the time an inspector enters and inspects the premises, the inspector must—

If any thing is seized in the course of an inspection, the inspector must leave in a prominent location at the premises, or deliver or send by registered mail to the owner or occupier within 10 working days after the entry, a written inventory of all things seized.

Section 199 of the Summary Proceedings Act 1957 applies to any thing seized in the course of an inspection (as if the inspector were a constable and with any other necessary modifications).

Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who intentionally obstructs, hinders, or deceives an inspector in the execution of a power or duty under this Act.

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant to enter a place if he or she is satisfied that—

The provisions of Part 4 of the Search and Surveillance Act 2012 apply as if a warrant referred to in subsection (1) were a search warrant.

Every operator of a business of prostitution (other than a company) must hold a certificate issued under section 35.

Every person who, while required by subsection (1) to hold a certificate, does not hold a certificate commits an offence and is liable on conviction to a fine not exceeding $10,000.

If a person who is charged under subsection (2) claims that he or she is not an operator because he or she is a sex worker at a small owner-operated brothel and is not an operator of any other business of prostitution, it is for the person charged to prove that assertion on the balance of probabilities.

Despite subsection (2), no person may be convicted of an offence under that subsection if the period during which the person does not hold a certificate is the first 6 months after this section comes into force.

An applicant for a certificate must apply to the Registrar.

In this Part, Registrar means the Registrar of the District Court at Auckland, or the Registrar of any other office of the District Court identified in regulations made under this Act as the, or a, Registrar who may accept applications under this section.

The application must be in the prescribed form and be accompanied by the prescribed fee.

The application may require the applicant to provide no more than the following:

The Registrar must issue a certificate to an applicant if—

Every certificate must be in the prescribed form and must contain a photograph of the holder.

If a certificate is refused, the Registrar must notify the applicant in writing, with reasons, and give information about how to apply for a waiver of disqualification under section 37.

A person is disqualified from holding a certificate if he or she has been convicted at any time of any of the disqualifying offences set out in subsection (2), or has been convicted of an attempt to commit any such offence, of conspiring to commit any such offence, or of being an accessory after the fact to any such offence.

The disqualifying offences are as follows:

A person who is disqualified from holding a certificate may apply in writing to the Registrar for an order waiving the disqualification.

On receipt of an application, the Registrar must—

The Commissioner of Police must provide a report to the Registrar within 3 weeks of receipt of the request, and the Registrar must immediately forward a copy of the report to the applicant.

A District Court Judge may make an order waiving a disqualification if he or she is satisfied that—

The District Court Judge who determines the application—

An order waiving disqualification remains in force until it is cancelled under subsection (7) or subsection (8).

An order waiving a disqualification is cancelled, by operation of this subsection, if the person to whom it applies is convicted of any offence referred to in section 36(2).

A District Court Judge may cancel an order waiving a person’s disqualification if—

A certificate expires 1 year after the date on which it is issued.

A certificate holder may apply, at any time within 2 months before the expiry of his or her certificate, for renewal of the certificate, in which case section 35 applies as if the application for renewal were an application for a certificate.

If an application for renewal is made, but not determined, before a certificate expires, the original certificate does not expire until the application for renewal is determined.

The Registrar may issue a replacement certificate to a certificate holder if—

The Registrar must cancel a certificate on notification that the certificate holder—

The cancellation of the certificate takes effect 5 days after notification of the cancellation is sent to the certificate holder at the address supplied in his or her application for a certificate.

A person whose certificate is cancelled commits an offence, and is liable on conviction to a fine not exceeding $2,000, if he or she fails to return the certificate to the District Court within 1 month of the cancellation of the certificate.

A constable may, on producing evidence that he or she is a constable, require any person whom the member believes on reasonable grounds is an operator to produce that person’s certificate for inspection, and the person must produce his or her certificate to the member, or to another constable at a local Police station, within 24 hours of the request.

If a request under subsection (1) is made to the holder of a certificate, that holder commits an offence, and is liable on conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to produce his or her certificate as required by that subsection.

Court records concerning the identity of applicants for certificates, applicants for waiver of disqualification, and certificate holders may be searched, inspected, or copied only by—

Nothing in this section limits the power of the Registrar to prepare and supply (whether for use by the Department for Courts or any other purpose) statistical information about applicants for certificates, applicants for waiver of disqualification, and certificate holders, as long as the information is supplied in a form that does not identify individual applicants or certificate holders.

A person who, in contravention of this section, obtains or uses information that is sourced from, or purports to be sourced from, the court records referred to in this section commits an offence and is liable on conviction to a fine not exceeding $2,000.

The Prostitution Law Review Committee must,—

The Minister of Justice must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.

The Prostitution Law Review Committee must consist of 11 members appointed by the Minister of Justice.

The Minister of Justice must appoint—

The Minister of Justice may, on the recommendation of a member’s nominator, remove a member from office for inability to perform the members’ duties, misconduct by the member, or any other just cause proved to the satisfaction of the nominator.

The member is not entitled to compensation or other payment relating to removal from office.

The Prostitution Law Review Committee ceases to exist on a date appointed by the Minister of Justice, by notice in the Gazette, that is after the date of its report to the Minister under section 42(1)(b)(vii).

A member must be appointed or removed by written notice to the member and his or her nominator.

A member holds office for a term stated in that notice of up to 5 years.

A member whose term of office expires continues to hold office until he or she is reappointed or his or her successor is appointed.

However, all members cease to hold office on the date on which the Prostitution Law Review Committee ceases to exist.

A person may be reappointed as a member.

A member may resign by written notice to the Minister of Justice and his or her nominator.

The powers of the Prostitution Law Review Committee are not affected by any vacancy in its membership.

A member is entitled to receive remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 (and the provisions of that Act apply as if the Prostitution Law Review Committee were a statutory Board under that Act).

That remuneration must be paid out of the departmental bank account operated by the Ministry of Justice.

This section does not apply to a person who is a member in his or her capacity as an employee of a department.

The Prostitution Law Review Committee may regulate its own procedure, except as provided in regulations made under this Act.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Amendment(s) incorporated in the Act(s).

The Massage Parlours Act 1978 (1978 No 13) is repealed.

The Massage Parlours Regulations 1979 (SR 1979/35) are revoked.

The Acts specified in Part 1 of the Schedule are consequentially amended in the manner set out in that schedule.

The regulations specified in Part 2 of the Schedule are consequentially amended in the manner set out in that schedule.

No person may be convicted of an offence against any of the enactments repealed by section 48 (other than an offence against section 149A of the Crimes Act 1961) on or after the commencement of this Act if the offence was committed before the commencement of this Act.

The repeal of section 149A of the Crimes Act 1961 does not affect a liability to conviction or to a penalty for an offence committed against that section before the commencement of this Act, and that section continues to have effect as if it had not been repealed for the purposes of—