Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846298065.pdf (New Zealand)
Reprint as at 1 October 2008 Prostitution Reform Act 2003 Public Act Date of assent Commencement 2003 No 28 27 June 2003 see section 2 Title Contents Part 1 Preliminary provisions Commencement Purpose Interpretation Definition of operator Act binds the Crown Part 2 Commercial sexual services Contracts for commercial sexual services not void Contract for provision of commercial sexual services not void Page 4 4 4 4 6 6 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.
1 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 Health and safety requirements 8 9 10 Operators of businesses of prostitution must adopt and promote safer sex practices Sex workers and clients must adopt safer sex practices Application of Health and Safety in Employment Act 1992 Advertising restrictions 11 Restrictions on advertising commercial sexual services Territorial authority may make bylaws 12 13 14 Bylaws controlling signage advertising commercial sexual services Procedure for making bylaws Bylaws regulating location of brothels Resource consents 15 Resource consents in relation to businesses of prostitution Protections for sex workers 16 17 Inducing or compelling persons to provide commercial sexual services or earnings from prostitution Refusal to provide commercial sexual services Protections for persons refusing to work as sex workers 18 Refusal to work as sex worker does not affect entitlements Application of Immigration Act 1987 19 Application of Immigration Act 1987 Prohibitions on use in prostitution of persons under 18 years No person may assist person under 18 years in providing commercial sexual services No person may receive earnings from commercial sexual services provided by person under 18 years No person may contract for commercial sexual services from, or be client of, person under 18 years Offence to breach prohibitions on use in prostitution of persons under 18 years Powers to enter and inspect compliance with health and safety requirements Purpose of inspection 20 21 22
requirements Purpose of inspection Reprinted as at 1 October 2008 Prostitution Reform Act 2003 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Inspectors Powers to enter and inspect compliance with health and safety requirements Entry of homes Requirements when carrying out inspection Obstructing inspectors Powers of entry Warrant for Police to enter Form and content of warrant Powers conferred by warrant Requirements when executing warrant Part 3 Operator certificates
 Operators of businesses of prostitution to hold certificates Application for, and grant of, certificates Disqualification from holding certificate Waiver of disqualification Expiry, renewal, and replacement of certificate Cancellation of certificate Operator to produce certificate on request Court records Part 4 Miscellaneous provisions Review of operation of Act and related matters by Prostitution Law Review Committee Review of operation of Act and related matters Prostitution Law Review Committee Other provisions on appointment, removal, term, and resignation of members Remuneration of members Procedure of Prostitution Law Review Committee 47 Regulations Regulations Repeals, amendments, and transitional provisions 48 49 50 Repeals coming into force on day after Royal assent Repeals and revocations coming into force when Part 3 comes into force Consequential amendments 14 14 15 16 17 17 17 18 26 27 28 28 28 29 29 29 3 s 1 51 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 Transitional provisions for past offences Schedule Consequential amendments to enactments 29 31 1 Title This Act is the Prostitution Reform Act 2003.
Part 1 Preliminary provisions Commencement 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.
Purpose 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— (a) safeguards the human rights of sex workers and protects them from exploitation: promotes the welfare and occupational health and safety of sex workers: is conducive to public health: prohibits the use in prostitution of persons under 18 years of age: implements certain other related reforms.
(b) (c) (d) (e) Interpretation In this Act, unless the context otherwise requires,— brothel means any premises kept or habitually used for the purposes of prostitution; but does not include premises at which accommodation is normally provided on a commercial basis if the prostitution occurs under an arrangement initiated elsewhere 2 (1) (2) 3 4 (1) 4 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 1 s 4 business of prostitution means a business of providing, or arranging the provision of, commercial sexual services client means a person who receives, or seeks to receive, com- mercial sexual services commercial sexual services means sexual services that— (a) involve physical participation by a person in sexual acts with, and for the gratification of, another person; and are provided for payment or other reward (irrespective of whether the reward is given to the person providing the services or another person) (b) member means a member of the Prostitution Law Review Committee premises includes a part of premises prostitution means the provision of commercial sexual ser- vices Prostitution Law Review Committee means the committee appointed under section 43 public place— (a) means a place that is open to, or being used by, the public, whether admission is free or on payment of a charge and whether any owner or occupier of the place is lawfully entitled to exclude or eject a person from that place; and includes any aircraft, hovercraft, ship, ferry, or other vessel, train, or vehicle carrying or available to carry passengers for reward (b) sex worker means a person who provides commercial sexual services small owner-operated brothel means a brothel— (a) at which not more than 4 sex workers work; and (b) where each of those sex workers retains control over his or her individual earnings from prostitution carried out at the brothel territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002.
In this Act, a reference to providing or receiving commer- cial sexual services means to provide or receive those services personally (rather than arranging another person to provide the 5 (2) Part 1 s 5 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 services or arranging for the services to be received by another person).
5 (1) Definition of operator In this Act, operator, in relation to a business of prostitution, means a person who, whether alone or with others, owns, oper- ates, controls, or manages the business; and includes (without limitation) any person who— (a) (b) is the director of a company that is an operator; or determines— (i) (ii) (iii) when or where an individual sex worker will work; or the conditions in which sex workers in the busi- ness work; or the amount of money, or proportion of an amount of money, that a sex worker receives as payment for prostitution; or (c) is a person who employs, supervises, or directs any per- son who does any of the things referred to in paragraph (b).
(2) 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.

Act binds the Crown This Act binds the Crown.


Part 2 Commercial sexual services Contracts for commercial sexual services not void Contract for provision of commercial sexual services not void 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.
6 7 6 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 2 s 9 Health and safety requirements 8 (1) Operators of businesses of prostitution must adopt and promote safer sex practices 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 penetra- tion or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infec- tions; and take all reasonable steps to give health information (whether oral or written) to sex workers and clients; and if the person operates a brothel, display health informa- tion prominently in that brothel; and 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 take all other reasonable steps to minimise the risk of sex workers or clients acquiring or transmitting sexually transmissible infections.
(b) (c) (d) (e) (2) (3) (4) Every person who contravenes subsection (1) commits an of- fence and is liable on summary conviction to a fine not exceed- ing $10,000.

The obligations in this section apply only in relation to com- mercial 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.
Sex workers and clients must adopt safer sex practices 9 (1) A person must not provide or receive commercial sexual ser- vices 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 7 Part 2 s 10 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 activity with a similar or greater risk of acquiring or transmit- ting sexually transmissible infections.
(2) A person must not, for the purpose of providing or receiv- ing 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.
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.

(4) 10 Application of Health and Safety in Employment Act 1992 (1) A sex worker is at work for the purposes of the Health and Safety in Employment Act 1992 while providing commercial sexual services.

(2) However, nothing in this Act (including subsection (1)) limits that Act or any regulations or approved codes of practice under that Act.
Advertising restrictions Restrictions on advertising commercial sexual services 11 (1) Advertisements for commercial sexual services may not be— (a) (b) (c) broadcast on radio or television; or published in a newspaper or periodical, except in the classified advertisements section of the newspaper or periodical; or screened at a public cinema.
(2) A person who does any of the things described in subsection (1), or who authorises any of the things described in that sub- section to be done, commits an offence and is liable on sum- mary conviction to,— (a) in the case of a body corporate, a fine not exceeding $50,000; and in any other case, a fine not exceeding $10,000.
(b) In this section, advertisement means any words, or any pic- torial or other representation, used to notify the availability of, (3) 8 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 2 s 14 or promote the sale of, commercial sexual services, either gen- erally or specifically.
Territorial authority may make bylaws 12 Bylaws controlling signage advertising commercial sexual services (2) (1) 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— (a) is likely to cause a nuisance or serious offence to ordin- ary members of the public using the area; or is incompatible with the existing character or use of that area.
(b) (3) (4) Bylaws made under this section may prohibit or regulate sign- age in any terms, including (without limitation) by imposing restrictions on the content, form, or amount of signage on dis- play.

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.
Procedure for making bylaws 13 (1) 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.

(2) 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.
14 Bylaws regulating location of brothels Without limiting section 145 of the Local Government Act 2002, a territorial authority may make bylaws for its district 9 Part 2 s 15 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 under section 146 of that Act for the purpose of regulating the location of brothels.
Resource consents 15 Resource consents in relation to businesses of prostitution (1) 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— (a) is likely to cause a nuisance or serious offence to ordin- ary members of the public using the area in which the land is situated; or is incompatible with the existing character or use of the area in which the land is situated.
(b) (2) 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 accord- ance 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.
(3) Protections for sex workers 16 Inducing or compelling persons to provide commercial sexual services or earnings from prostitution (1) No person may do anything described in subsection (2) with the intent of inducing or compelling another person (person A) to— (a) provide, or to continue to provide, commercial sexual services to any person; or provide, or to continue to provide, to any person any payment or other reward derived from commercial sex- ual services provided by person A.
(b) The acts referred to in subsection (1) are any explicit or im- plied threat or promise that any person (person B) will— (2) 10 Reprinted as at 1 October 2008 (a) Prostitution Reform Act 2003 Part 2 s 18 improperly use, to the detriment of any person, any power or authority arising out of— (i) any occupational or vocational position held by person B; or any relationship existing between person B and person A: (ii) (b) commit an offence that is punishable by imprisonment: (c) make an accusation or disclosure (whether true or false)— (i) (ii) of any offence committed by any person; or of any other misconduct that is likely to damage seriously the reputation of any person; or that any person is unlawfully in New Zealand: (iii) supply, or withhold supply of, any controlled drug within the meaning of the Misuse of Drugs Act 1975.
(d) (3) Every person who contravenes subsection (1) commits an of- fence and is liable on conviction on indictment to imprison- ment for a term not exceeding 14 years.

Refusal to provide commercial sexual services 17 (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.
The fact that a person has entered into a contract to provide commercial sexual services does not of itself constitute con- sent for the purposes of the criminal law if he or she does not consent, or withdraws his or her consent, to providing a com- mercial sexual service.

(2) (3) However, nothing in this section affects a right (if any) to re- scind or cancel, or to recover damages for, a contract for the provision of commercial sexual services that is not performed.
Protections for persons refusing to work as sex workers 18 Refusal to work as sex worker does not affect entitlements (1) A person’s benefit, or entitlement to a benefit, under the Social Security Act 1964 may not be cancelled or affected in any 11 Part 2 s 19 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 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).
(2) 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 par- ticular time.
(3) Application of Immigration Act 1987 Application of Immigration Act 1987 19 (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 has acted, or intends to act, as an operator of a business of prostitution; or has invested, or intends to invest, in a business of pros- titution.
(b) (c) (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) (b) provide commercial sexual services; or act as an operator of a New Zealand business of prosti- tution; or invest in a New Zealand business of prostitution.
(c) (4) (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).
If the holder of a residence permit is subject to a requirement under section 18A of the Immigration Act 1987, the require- ment is deemed not to have been met (for the purpose of revok- ing 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.
12 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 2 s 23 (5) 20 21 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.
Prohibitions on use in prostitution of persons under 18 years 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 earnings from commercial sexual services provided by person under 18 years 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.
22 No person may contract for commercial sexual services from, or be client of, person under 18 years (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 per- son under 18 years of age.
23 (1) Offence to breach prohibitions on use in prostitution of persons under 18 years Every person who contravenes section 20, section 21, or sec- tion 22 commits an offence and is liable on conviction on in- dictment 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.
13 Part 2 s 24 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (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.

24 (1) (2) 25 (1) Powers to enter and inspect compliance with health and safety requirements Purpose of inspection The powers of inspection in section 26 may be used only for the purpose of determining whether or not a person is comply- ing, 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.

Inspectors 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.

(2) A Medical Officer of Health may also appoint persons as in- spectors for his or her health district, on a permanent or tem- porary basis, for the purposes of this Act.
(4) (3) A Medical Officer of Health may appoint a person as an in- spector 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— (a) (b) (c) a reference to this section; and the full name of the appointed person; and a statement of the powers conferred on the appointed person by section 26 and the purpose under section 24 for which those powers may be used.
26 Powers to enter and inspect compliance with health and safety requirements (1) An inspector may, at any reasonable time, enter premises for the purpose of carrying out an inspection if he or she has rea- sonable grounds to believe that a business of prostitution is being carried on in the premises.
For the purposes of the inspection, the inspector may— (2) 14 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 2 s 27 (a) (b) (c) (d) conduct reasonable inspections: take photographs and measurements and make sketches and recordings: require any of the following persons to provide informa- tion or assistance reasonably required by the inspector: a person who operates the business of prostitu- (i) tion, or an employee or agent of that person: a sex worker or client of the business of prostitu- tion: (ii) take copies of the information referred to in paragraph (c).
(3) 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.

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

(5) An inspector may take any person acting under the inspector’s direct supervision into the premises to assist him or her with the inspection.
Entry of homes 27 (1) An inspector may not enter a home under section 26 unless he or she— (a) (b) has the consent of an occupier of that home; or is authorised to do so by a warrant issued under subsec- tion (2).
(2) A District Court Judge, Justice, Community Magistrate, or Registrar of a 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— (a) a business of prostitution is being carried on in the home; or the home or the part of the home is the only practicable means through which to enter premises where a busi- ness of prostitution is being carried on.
(b) 15 Part 2 s 28 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (3) The warrant must be directed to an inspector by name and must be in the prescribed form.

Section 27(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Requirements when carrying out inspection 28 (1) An inspector must, on entering premises under section 26 and when reasonably requested at any subsequent time, produce— evidence of his or her designation as a Medical Officer (a) of Health or appointment as an inspector by a Medical Officer of Health; and evidence of his or her identity; and a statement of the powers conferred on the inspector by section 26 and the purpose under section 24 for which those powers may be used; and if entering a home under a warrant issued under section 27(2), that warrant.
(b) (c) (d) If the owner or occupier of the premises is not present at the time an inspector enters and inspects the premises, the in- spector must— (a) leave in a prominent location at those premises a written statement that includes the following information: (i) (ii) the time and date of the entry; and the name of the person who entered the premises; and the fact that the person is an inspector; and the reasons for the entry; and the address of the office of the Ministry of Health to which enquiries should be made; and take all other reasonable steps to give that information to the owner or occupier of the premises.
(iii) (iv) (v) (b) If any thing is seized in the course of an inspection, the in- spector 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 in- (2) (3) (4) 16 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 2 s 31 spector were a constable and with any other necessary modi- fications).
29 Obstructing inspectors Every person commits an offence, and is liable on summary 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.
Powers of entry 30 Warrant for Police to enter (1) A District Court Judge, Justice, Community Magistrate, or Registrar of a District Court (who is not a constable) may issue a warrant to enter a place if he or she is satisfied that— (a) there is good cause to suspect that an offence under either of the following provisions is being, has been, or is likely to be committed in the place: (i) section 23 (which concerns using persons under 18 years in prostitution): section 34 (which concerns being an operator while not holding a certificate); and (ii) (b) there are reasonable grounds to believe that it is neces- sary for a constable to enter the place for the purpose of preventing the commission or repetition of that offence or investigating that offence.
(2) An application for a warrant must be made in writing and on (3) oath.

The Judge, Justice, Community Magistrate, or Registrar may impose any reasonable conditions on the exercise of the war- rant that he or she thinks fit.

Section 30(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Form and content of warrant 31 (1) A warrant under section 30(1)(a) must be in the prescribed form and state— (a) the place that may be entered; and 17 Part 2 s 32 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (2) 32 (1) (b) which of the offences listed in section 30 the warrant (c) (d) has been issued in respect of; and the period during which the warrant may be executed, which must not exceed 14 days from the date of issue; and any conditions that apply to the warrant under section 30(3).
The warrant must be directed generally to every constable.

Section 31(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Powers conferred by warrant Subject to any conditions stated in the warrant, a warrant under section 30 authorises the person executing it to— (a) enter and search the place stated in the warrant at any time of the day or night; and use the assistance that is reasonable in the circum- stances to enter and search the place; and use the force that is reasonable in the circumstances to gain entry and to break open any thing in, on, over, or under the place; and search for and seize any property or thing that the person has reasonable grounds to believe will be evidence of the commission of an offence in respect of which the warrant is issued.
(b) (c) (d) (2) A person who is called to assist to execute the warrant may (3) exercise the powers described in subsection (1)(c) and (d).

The power to enter a place under the warrant may be exercised once only.

Requirements when executing warrant 33 (1) A constable who executes a warrant under section 30 must, on entering the place and when reasonably requested at any subsequent time, produce— the warrant; and (a) (b) if not in uniform, evidence that he or she is a constable.
If the owner or occupier of the place is not present at the time the warrant is executed, the constable must— (2) 18 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 3 s 34 (3) (4) (a) (b) leave in a prominent location at the place a written state- ment that includes the following information: the time and date of the entry; and (i) the name of the constable who entered the place; (ii) and the fact that the person is a constable; and the reasons for the entry; and the address of the Police station to which en- quiries should be made; and (iii) (iv) (v) take all other reasonable steps to give that information to the owner or occupier of the place.
If any thing is seized in the execution of the warrant, the con- stable must leave in a prominent location at the place, or de- liver 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 execution of the warrant (with any necessary modifications).
Section 33(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 33(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 33(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 33(2)(a)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 33(2)(a)(iii): 116(a)(ii) of the Policing Act 2008 (2008 No 72).

amended, on 1 October 2008, pursuant to section Section 33(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Part 3 Operator certificates 34 (1) (2) Operators of businesses of prostitution to hold certificates Every operator of a business of prostitution (other than a com- pany) 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 19 Part 3 s 35 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (3) and is liable on summary 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.
(4) Despite subsection (2), no person may be convicted of an of- fence under that subsection if the period during which the per- son does not hold a certificate is the first 6 months after this section comes into force.

(3) (4) Application for, and grant of, certificates 35 (1) An applicant for a certificate must apply to the Registrar.
(2) In this Part, Registrar means the Registrar of the District Court at Auckland, or the Registrar of any other 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 accom- panied by the prescribed fee.
The application may require the applicant to provide no more than the following: (a) (b) the applicant’s full name, date of birth, and gender: any other names by which the applicant is, or ever has been, known: the address to which the applicant wishes any certificate and related correspondence to be sent: a photocopy of any form of official identification that contains a photograph of the applicant, such as a pass- port or driver licence, that is authenticated in the pre- scribed manner: 1 or more recent photographs of the applicant that com- ply with the prescribed requirements and are authenti- cated in the prescribed manner: if an order has been made under section 37, a copy of the order.
(c) (d) (e) (f) (5) The Registrar must issue a certificate to an applicant if— 20 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 3 s 36 (a) (b) (c) the applicant pays the prescribed fee, supplies a prop- erly completed application form, and attaches the re- quired photocopy and photographs; and the applicant is aged 18 years or older; and the applicant is either— (i) not disqualified under section 36 from holding a certificate; or is disqualified, but has been granted a waiver of disqualification under section 37 and the waiver has not been cancelled.
(ii) (6) (7) Every certificate must be in the prescribed form and must con- tain a photograph of the holder.

If a certificate is refused, the Registrar must notify the appli- cant in writing, with reasons, and give information about how to apply for a waiver of disqualification under section 37.
Disqualification from holding certificate 36 (1) A person is disqualified from holding a certificate if he or she has been convicted at any time of any of the disqualifying of- fences 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) (2) (b) (c) an offence under this Act (other than an offence under section 39(3), section 40(2), and section 41(3)): an offence under any of the following sections or Parts of the Crimes Act 1961 that is punishable by 2 or more years’ imprisonment: (i) section 98A (participation in an organised crim- inal group): sections 127 to 144C (includes sexual crimes): (ii) (iii) Part 8 (includes murder, manslaughter, assault, (iv) and abduction): sections 234 to 244 (robbery, extortion, and bur- glary): section 257A (money laundering): (v) an offence under the Arms Act 1983 that is punishable by imprisonment: 21 Part 3 s 37 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (d) (ii) in relation to the Misuse of Drugs Act 1975,— (i) an offence under section 6 (other than possession of a Class C controlled drug): an offence under section 9, section 12A, section 12AB, or section 12B: an offence under any other section, but only if it relates to a Class A or a Class B controlled drug.
Section 36(2)(d)(ii): amended, on 22 June 2005, by section 23 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

(iii) 37 Waiver of disqualification (1) A person who is disqualified from holding a certificate may apply in writing to the Registrar for an order waiving the dis- qualification.
(2) On receipt of an application, the Registrar must— (a) (b) refer the application to a District Court Judge for deter- mination; and send a copy of the application to the Commissioner of Police for a report on the matters referred to in subsec- tion (4)(b).

(3) 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.
(4) A District Court Judge may make an order waiving a disquali- fication if he or she is satisfied that— (a) the applicant’s offending was of a nature, or occurred so long ago, that it ought no longer to be a barrier to obtaining a certificate; and the applicant is not, and has not recently, been associ- ated or involved with persons who would themselves be disqualified under section 36 and who might reasonably be expected to exert an influence on the applicant.
(b) (5) The District Court Judge who determines the application— (a) may not make the order until at least 2 weeks after re- ceipt of the report provided under subsection (3); and (b) must determine the application on the basis of the ma- terial contained in the application, the Police report, and 22 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 3 s 38 any further written material provided by the applicant, whether in response to the Police report or otherwise.
(6) An order waiving disqualification remains in force until it is cancelled under subsection (7) or subsection (8).

(7) 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).
(8) A District Court Judge may cancel an order waiving a person’s disqualification if— (a) (b) (c) (d) the Police make an application to the Registrar for an order cancelling the waiver; and a copy of the Police application is sent to the person at the address supplied in his or her application for a certificate; and at least 2 weeks after sending that application, either the Registrar has not received any response from the certificate holder or, if the holder has made submissions in writing, the District Court Judge has considered those submissions; and the District Court Judge is satisfied, on the basis of the Police application and any submissions received from the person concerned, that the waiver ought to be can- celled on the grounds that the person is associated or involved with persons who would themselves be dis- qualified under section 36 and who might reasonably be expected to be exerting an influence over the person.
Expiry, renewal, and replacement of certificate 38 (1) A certificate expires 1 year after the date on which it is issued.

(2) 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, be- fore 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 certifi- cate holder if— (4) (3) 23 Part 3 s 39 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (a) (b) (c) the holder applies for a replacement certificate and the Registrar is satisfied that the original certificate has been lost or destroyed; and the holder supplies 1 or more recent photographs of himself or herself that comply with the prescribed re- quirements and are authenticated in the prescribed man- ner; and the holder pays the prescribed fee (if any).
39 (1) Cancellation of certificate The Registrar must cancel a certificate on notification that the certificate holder— (a) is disqualified from holding a certificate as a result of a conviction for any offence referred to in section 36(2); or has had his or her waiver of disqualification cancelled.

(b) The cancellation of the certificate takes effect 5 days after no- tification of the cancellation is sent to the certificate holder at the address supplied in his or her application for a certificate.
(3) A person whose certificate is cancelled commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails to return the certificate to a District Court within 1 month of the cancellation of the certificate.
(2) Operator to produce certificate on request 40 (1) 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 cer- tificate for inspection, and the person must produce his or her certificate to the member, or to another constable at a local Po- lice 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 summary 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.

Section 40(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
(2) 24 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 4 s 42 41 (1) Court records Court records concerning the identity of applicants for certifi- cates, applicants for waiver of disqualification, and certificate holders may be searched, inspected, or copied only by— (a) (b) (c) the applicant or holder concerned; and the Registrar; and the Police, but only for the purpose of investigating an offence.
(2) Nothing in this section limits the power of the Registrar to pre- pare 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.
(3) 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 summary conviction to a fine not ex- ceeding $2,000.
Part 4 Miscellaneous provisions Review of operation of Act and related matters by Prostitution Law Review Committee 42 (1) Review of operation of Act and related matters The Prostitution Law Review Committee must,— (a) as soon as practicable after the commencement of this Act,— (i) assess the number of persons working as sex workers in New Zealand and any prescribed mat- ters relating to sex workers or prostitution; and report on its findings to the Minister of Justice; and (ii) (b) no sooner than the expiry of 3 years, but before the ex- piry of 5 years, after the commencement of this Act,— review the operation of this Act since its com- (i) mencement; and 25 Part 4 s 43 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (ii) (iii) (iv) (v) (vi) (vii) assess the impact of this Act on the number of persons working as sex workers in New Zealand and on any prescribed matters relating to sex workers or prostitution; and assess the nature and adequacy of the means available to assist persons to avoid or cease working as sex workers; and consider whether any amendments to this Act or any other law are necessary or desirable and, in particular, whether the system of certification is effective or could be improved, whether any other agency or agencies could or should admin- ister it, and whether a system is needed for iden- tifying the location of businesses of prostitution; and consider whether any other amendments to the law are necessary or desirable in relation to sex workers or prostitution; and consider whether any further review or assess- ment of the matters set out in this paragraph is necessary or desirable; and report on its findings to the Minister of Justice; and (c) carry out any other review, assessment, and reporting required by regulations made under this Act.
The Minister of Justice must present a copy of any report pro- vided under this section to the House of Representatives as soon as practicable after receiving it.

Prostitution Law Review Committee The Prostitution Law Review Committee must consist of 11 members appointed by the Minister of Justice.
The Minister of Justice must appoint— (a) (b) 2 persons nominated by the Minister of Justice; and 1 person nominated by the Minister of Women’s Affairs after consultation with the Minister of Youth Affairs; and 1 person nominated by the Minister of Health; and 1 person nominated by the Minister of Police; and (c) (d) (2) 43 (1) (2) 26 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 4 s 44 (e) (f) (g) 2 persons nominated by the Minister of Commerce to represent operators of businesses of prostitution; and 1 person nominated by the Minister of Local Govern- ment; and 3 persons nominated by the New Zealand Prostitutes Collective (or, if there is no New Zealand Prostitutes Collective, by any other body that the Minister of Just- ice considers represents the interests of sex workers).
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).

(3) (4) (5) 44 Other provisions on appointment, removal, term, and resignation of members (1) A member must be appointed or removed by written notice to the member and his or her nominator.

(2) A member holds office for a term stated in that notice of up to 5 years.
(3) A member whose term of office expires continues to hold of- fice until he or she is reappointed or his or her successor is appointed.

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

(5) A person may be reappointed as a member.

(6) A member may resign by written notice to the Minister of Just- (7) ice and his or her nominator.

The powers of the Prostitution Law Review Committee are not affected by any vacancy in its membership.
27 Part 4 s 45 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 Remuneration of members 45 (1) 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 Prostitu- tion 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.

(3) (2) Procedure of Prostitution Law Review Committee The Prostitution Law Review Committee may regulate its own procedure, except as provided in regulations made under this Act.
Regulations Regulations The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) prescribing the forms of warrants to be issued under sections 27 and 30: prescribing the forms, certificates, and fees required under Part 3 in connection with operator certificates: prescribing how the photographs and photocopies re- quired under Part 3 are to be authenticated: prescribing the size, or range of sizes, of photographs to be supplied with an application for a certificate, and the number of copies: prescribing that the Registrar of a particular District Court is the, or a, Registrar for the purposes of Part 3, whether in addition to, or instead of, the Registrar of any other District Court: prescribing matters relating to the Prostitution Law Re- view Committee, including its powers, additional func- tions of reviewing, assessing, and reporting on the oper- ation of this Act or on other matters relating to sex work- (b) (c) (d) (e) (f) 46 47 28 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Part 4 s 51 ers or prostitution (if any), any limits on the periods for which it may meet, matters relating to the chairperson and members, its financial provisions, its procedures, and its administration: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(g) Repeals, amendments, and transitional provisions Repeals coming into force on day after Royal assent Amendment(s) incorporated in the Act(s).

Repeals and revocations coming into force when Part 3 comes into force The Massage Parlours Act 1978 (1978 No 13) is repealed.

The Massage Parlours Regulations 1979 (SR 1979/35) are re- voked.

Consequential amendments The Acts specified in Part 1 of the Schedule are consequen- tially amended in the manner set out in that schedule.
The regulations specified in Part 2 of the Schedule are conse- quentially amended in the manner set out in that schedule.

48 49 (1) (2) 50 (1) (2) Transitional provisions for past offences 51 (1) 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 be- fore 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— investigating the offence: (a) commencing or completing proceedings for the offence: (b) (2) 29 Part 4 s 51 Prostitution Reform Act 2003 Reprinted as at 1 October 2008 (c) imposing a penalty for the offence.
30 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Schedule Schedule Consequential amendments to enactments s 50 Part 1 Acts amended District Courts Act 1947 (1947 No 16) Amendment(s) incorporated in the Act(s).

Summary Offences Act 1981 (1981 No 113) Amendment(s) incorporated in the Act(s).

Summary Proceedings Act 1957 (1957 No 87) Amendment(s) incorporated in the Act(s).

Part 2 Regulation amended Fees Regulations 1987 (SR 1987/68) Amendments incorporated in the Regulations.
31 Notes Prostitution Reform Act 2003 Reprinted as at 1 October 2008 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Prostitution Reform Act 2003.

The reprint incorporates all the amendments to the Act as at 1 October 2008, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.
This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.
not included followed are the For example, and in Acts, revoked are omitted.

5 Notes 1 2 3 32 Reprinted as at 1 October 2008 Prostitution Reform Act 2003 Notes see For a detailed list of http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 33 • • • • Notes Prostitution Reform Act 2003 Reprinted as at 1 October 2008 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, List of amendments incorporated in this reprint (most recent first) Policing Act 2003 (2008 No 72): section 116(a)(ii) Misuse of Drugs Amendment Act 2005 (2005 No 81): section 23 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 5 12 34