The Decriminalization of Sex Work in New Zealand

In the U.S., sex work is banned in all 50 states. In some states, repeated offenses can lead to a felony charge (Britannica ProCon 2018). The only exception  is Nevada; here sex work is legal and regulated in 10 counties. As a result of this criminalization, sex work is stigmatized, leaving sex workers without proper resources, healthcare, and respect (Abel 2014). 

Other countries have legalized or decriminalized sex work, such as when New Zealand passed the Prostitution Reform Act (PRA) in 2003. New Zealand’s practice of decriminalization is distinct from other countries’ policies of legalization (Parliament of Canada 2008). Legalization does not prosecute sex workers or those who purchase sex for prostitution itself, but does set bureaucratic regulations for where and how sex work can occur. Sex workers who do not follow the regulations are subject to criminalization. Those who cannot follow the guidelines are often already part of marginalized communities, for example drug users or undocumented people. In this way, legalization may not be the preferred policy for most sex workers (Abel 2014). Decriminalization, on the other hand, removes all criminal punishments for sex work and protects sex workers under the same laws as any other industry. It is often considered the most progressive option. 

New Zealand’s Success

To assess New Zealand’s decriminalization, we must look within the country’s cultural and historical context. New Zealand is an island nation located in the Pacific Ocean with a population of nearly five million (New Zealand Immigration 2020). It was first settled by the Māori in the 1200s and colonized by the British in the 1830s. Upon colonization, wars were fought between the Māori and the British, with the British seizing much of the land (New Zealand Immigration 2020). 

By Western standards, New Zealand has been at the forefront of social progressivity. It became the first country to give women of European descent the right to vote in 1893, the first country to implement state pensions, and the first country to give housing to state workers (New Zealand Immigration 2020). The population is relatively small and homogenous compared to the U.S.; 70% of the population is white, around 15% is Māori, and 12% is Asian (New Zealand Immigration 2020). The demographics of people convicted for sex work prior to decriminalization, however, are starkly different. In 2000, 70% of convictions were sex workers of Māori descent (Jordan 2005). Considering this statistic in combination with New Zealand’s history allows us to see the colonial legacy influencing sex work crime statistics. 

Prior to 2003, sex workers in New Zealand were “vulnerable to exploitation, coercion and violence” (Abel 2014: 581). Sex workers could get arrested if they admitted their employment status, so they were unlikely to report violence and other violations of their rights. To ensure all citizens, including sex workers, were protected under the full extent of the law, New Zealand legislature worked with the New Zealand Prostitutes’ Collective (NZPC). When brought to the legislature, the NZPC worked closely with parliament to create laws that truly served sex workers. After three years of debates and unsuccessful votes, the PRA passed, decriminalizing sex work across New Zealand. 

In the 18 years since the passage of the PRA, the rights of sex workers and attitudes surrounding sex work in New Zealand have shifted. Opponents of the PRA argued that decriminalization would increase the number of sex workers. This did not happen: the PRA had little effect on the quantity of sex workers in the country (Abel, Fitgerald and Brunton 2009). Broadly, the PRA accomplished its goals. According to experts, the health and safety of sex workers has improved since 2003, and some of the stigmas against sex work have dissipated (Armstrong and Abel 2020: 113). 

Can the U.S. learn from the PRA?

Although the countries are clearly different (New Zealand is much smaller, more homogeneous, and more isolated than the U.S.), the U.S. can take many lessons from New Zealand. First, sex workers were directly involved in the creation and implementation of the PRA, so their voices were heard and the laws passed actually benefited them (Abel 2014). The U.S. can apply this; when creating sex work legislation, they should center the voices of sex workers themselves. Additionally, the majority of political players in New Zealand treat the rights of sex workers as a public health need rather than a morality question (Abel 2014). To protect sex workers in the U.S., legislators should adopt this human-rights centered approach (Abel 2014). 

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