Prostitution Reform Act 2003

Commercial sexual services - Health and safety requirements

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

You could also call this:

"Prostitution businesses must help keep sex workers and clients safe from infections by using protection and sharing health information."

If you run a prostitution business, you must make sure sex workers use protection when they provide certain services. You have to take reasonable steps to ensure they use a prophylactic sheath or other barrier during vaginal, anal, or oral penetration. You also have to give health information to sex workers and clients, which includes telling them about safer sex practices and services for preventing and treating sexually transmissible infections.

If you operate a brothel, you must display this health information where everyone can see it. You cannot say or imply that a medical examination of a sex worker means they do not have a sexually transmissible infection. You have to take all reasonable steps to minimise the risk of sex workers or clients getting or spreading infections.

If you do not follow these rules, you can be fined up to $10,000 if you are convicted. These rules only apply to commercial sexual services provided by your business and to the sex workers and clients who use those services. The health information you provide must be about safer sex practices and services for preventing and treating sexually transmissible infections, as defined in the Prostitution Reform Act 2003, which was amended by the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197854.


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7: Contract for provision of commercial sexual services not void, or

"Agreements for sex work are valid contracts and can be enforced."


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9: Sex workers and clients must adopt safer sex practices, or

"Stay safe during sex work by using protection and being honest about your health"

Part 2Commercial sexual services
Health and safety requirements

8Operators of businesses of prostitution must adopt and promote safer sex practices

  1. Every operator of a business of prostitution must—

  2. 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
    1. take all reasonable steps to give health information (whether oral or written) to sex workers and clients; and
      1. if the person operates a brothel, display health information prominently in that brothel; and
        1. 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
          1. take all other reasonable steps to minimise the risk of sex workers or clients acquiring or transmitting sexually transmissible infections.
            1. Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

            2. 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.

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

            Notes
            • Section 8(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).