Section 8 - Safe Sex Practices

Operators of businesses of prostitution must adopt and promote safer sex practices

• (1) Every operator of a business of prostitution must—

  • (a) take all reasonable steps to ensure that no commercial sexual services are provided by a sex worker unless 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; and

  • (b) take all reasonable steps to give health information (whether oral or written) to sex workers and clients; and

  • (c) if the person operates a brothel, display health information prominently in that brothel; and

  • (d) not state or imply that a medical examination of a sex worker means the sex worker is not infected, or likely to be infected, with a sexually transmissible infection; and

  • (e) take all other reasonable steps to minimise the risk of sex workers or clients acquiring or transmitting sexually transmissible infections.

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

  (3) 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.

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

• (1) 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.

  (2) 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.

  (3) 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.

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

• (1) 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.

  (2) 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.

  (3) 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.

• (1) No permit may be granted under the Immigration Act 1987 to a person on the basis that the person—

  • (a) has provided, or intends to provide, commercial sexual services; or

  • (b) has acted, or intends to act, as an operator of a business of prostitution; or

  • (c) has invested, or intends to invest, in a business of prostitution.

  (2) It is a condition of every temporary permit or limited purpose permit granted under the Immigration Act 1987 that the holder of the permit may not, while in New Zealand,—

  • (a) provide commercial sexual services; or

  • (b) act as an operator of a New Zealand business of prostitution; or

  • (c) invest in a New Zealand business of prostitution.

  (3) A temporary permit or limited purpose permit granted under the Immigration Act 1987 may be revoked if the holder does any of the things listed in subsection (2)(a) to (c).

  (4) If the holder of a residence permit is subject to a requirement under section 18A of the Immigration Act 1987, the requirement is deemed not to have been met (for the purpose of revoking the permit under section 20(1)(d) of that Act) if the permit holder acts as an operator of, or invests in, a New Zealand business of prostitution.

  (5) This section applies with respect to every permit granted under the Immigration Act 1987, and to every requirement imposed under section 18A of that Act, whether granted or imposed before or after the commencement of this section.

Sex workers must be 18 years of age or older.

Section 20 -  No person may assist person under 18 years in providing commercial sexual services

• 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.

• (1) 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.

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

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

  (2) 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.

  (3) 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.