Modern Australian
The Times

Two decades after decriminalisation, NZ’s sex workers still need protection from discrimination

  • Written by Lynzi Armstrong, Senior Lecturer in Criminology, Te Herenga Waka — Victoria University of Wellington

It has been two decades since New Zealand decriminalised sex work. And while sex workers have workplace rights, they still worry about the risks of discrimination in everyday life.

In my recent research, local sex workers explained the benefits of decriminalisation – and what still needs to change. Their experiences highlight that while much has changed for the better, stigma remains an issue. Further change is needed to better protect sex workers from it.

New Zealand’s experience is relevant right now, as a number of governments elsewhere are reviewing their laws around sex work.

Scotland, for example, is considering a proposal that would criminalise the purchase of sex – known as the Nordic model due to its initial adoption in some Nordic countries.

Supporters argue this will help sex workers and extend gender equality. But evidence suggests the Nordic model actually harms sex workers: it impedes safety strategies, increases the risk of violence, limits access to justice, and enables discrimination.

What is decriminalisation?

The other options are decriminalisation and legalisation. While these terms are often used interchangeably, they are different. Legalisation of sex work (in Germany and the Netherlands, for example) means legalising an act that was previously against the law.

For sex workers, this means restrictive government regulation and control, which may include mandatory registration with authorities, compulsory sexual health checks, and permission to work in specific areas only.

Decriminalisation, on the other hand, means repealing laws that make an act or behaviour a crime, but not necessarily introducing restrictive regulations specific to the sex industry.

That said, decriminalisation does not mean there is no regulation. Instead, regulations are comparable to other businesses. The focus is not on regulating sex workers, but providing them with rights.

Under New Zealand’s Prostitution Reform Act (2003) it is an offence to induce or compel a person to do sex work. Sex workers have the right to refuse to see clients for any reason at any time. If a sex worker wishes to stop doing sex work, they can access unemployment benefits immediately (rather than having the normal stand down period ).

Impacts of decriminalisation in New Zealand

Research three years after the law came into force found a majority of participants felt they had more rights and were more able to refuse to see clients than before. Several participants felt police attitudes towards them had improved.

Subsequent research found relationships between street-based sex workers and police had improved. Decriminalisation supported the safety strategies of these sex workers better.

There have also been several high-profile cases where sex workers have exercised their legal rights. Brothel-based sex workers won sexual harassment cases against business owners, and convictions of rape against two clients who covertly removed condoms during their bookings.

Among the 26 sex workers we interviewed in New Zealand, participants described feeling fortunate to work in the decriminalised context. They also felt working conditions for sex workers were better than in other countries.

One participant said:

I also feel that we shouldn’t have to say “oh we’re so lucky” but we are compared to other people in other countries.

Another felt decriminalisation gave sex workers a “protective layer”.

This meant, as one participant put it, “we have rights, full stop”.

Participants appreciated sex work being defined as work and the rights that accompany this. Decriminalisation was considered both ideal and normalised. As another explained,

it’s been decriminalised for a long time now, like it’s part of our reality.

Room for improvement?

While participants felt grateful to work in the decriminalised context, this doesn’t mean there weren’t issues.

Decriminalisation in New Zealand doesn’t include legal protection from discrimination. Sex workers have little recourse if they are treated unfairly because of their job.

The sex workers we spoke with believed the social stigma of sex work was gradually fading, and instances of discrimination described by participants were rare. But they still feared the consequences of discrimination (such as being denied accommodation or premises to work from if their work became known to a landlord).

They supported further legal protection from discrimination. For one participant this meant,

I could tell people my job without […] any fear of backlash, and that would be fantastic.

Participants also wanted the protections of decriminalisation extended to temporary migrants. People who hold temporary visas face deportation if they are found to be working in the sex industry, making them vulnerable to exploitation.

Falling behind

After two decades of decriminalisation, New Zealand risks falling behind as more jurisdictions (such as Victoria and Queensland in Australia) adopt decriminalised frameworks that build in protection from discrimination.

Such protections mean it is no longer legal to deny a person accommodation or a job based on their sex work experience, or deny them a bank loan or mortgage.

To keep up, New Zealand needs to follow suit. The next step is therefore to strengthen and expand the rights sex workers have.

Perhaps then, in another 20 years, the country will still be seen as one that put the human rights of sex workers first and showed the rest of the world what equality really looks like.

Authors: Lynzi Armstrong, Senior Lecturer in Criminology, Te Herenga Waka — Victoria University of Wellington

Read more https://theconversation.com/two-decades-after-decriminalisation-nzs-sex-workers-still-need-protection-from-discrimination-240787

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...

Simple Ways to Make a Commercial Property More Appealing to Buyers

Selling or leasing a commercial property isn’t just about listing the square metres, taking a few photos and waiting for the right person to appea...

What Café Owners Should Know Before Upgrading Their Display Setup

A café display fridge does a lot more than keep cakes cold and sandwiches fresh. It quietly shapes the way customers browse, the way staff move beh...

Creating a Backyard That Feels Comfortable All Year Round

A great backyard doesn’t need to be huge, expensive or perfectly styled. Most of the time, the spaces people actually use are the ones that feel e...

How Homeowners Can Make Smarter Energy Decisions Before Upgrading

Energy upgrades used to feel like something you only looked into after a power bill gave you a nasty surprise. These days, though, more homeowners a...

Why Retail CX Breaks During Peak Sales Events and How to Prevent It

Retail customer experience has become one of the most important drivers of revenue growth, especially during high-intensity sales periods. However, ev...

15 South Indian Dishes Everyone Should Try

If your only experience of "Indian food" is butter chicken and garlic naan, South Indian cuisine is going to feel like discovering an entirely new c...

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...

Organisational Experts Share Their Tips for Achieving a Clutter-Free Kitchen

They say the kitchen is the heart of a house which means a clutter-free kitchen not only makes your home in general look nicer, it also makes cookin...

10 Creative Ways AI Image Extenders Are Transforming Digital Content Creation in 2026

Introduction Artificial intelligence continues to reshape the digital landscape, and one of the most exciting innovations in 2026 is the rise of AI i...

What to Do When You're Arrested in Victoria

Most people have thought about this in the abstract. A knock at the door, a hand on the shoulder, a car pulled over on the Hume. In the abstract, th...

Common Financial Disputes During Separation

Separation hits on many levels, not just emotionally. When a partnership ends, untangling the financial side — assets, debts, and everything built t...

Why Posting More Content is Killing Your Brand

More content. More often. More platforms.Most brands have been running this playbook for three years. Most brands have nothing to show for it.Not be...

Garden Clean-Up vs. Regular Maintenance: Which Do You Really Need?

Most people ring a gardener and ask for a "tidy up." What they mean by that, and what the garden actually needs, are often two completely different ...

Solar Panel Maintenance Tips for Melbourne Homes

Three years in and the panels are still on the roof. The inverter is still blinking. The electricity bills are still lower than they used to be, rou...

Cost Effective Kitchen Renovations – From the Ground Up

Even in times of uncertainty, it seems renovations continue to be on the to-do list for many Australian property owners. As a result, demand on materi...

Why Bathroom Product Selection Matters More Than Most Homeowners Realise

Most homeowners think wrong when it comes to a bathroom renovation. They think hard about the layout. Spend hours choosing tiles. Agonise over pain...