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Prostitution Reform Act 2003

Commercial sexual services - Protections for persons refusing to work as sex workers

18: Refusal to work as sex worker does not affect entitlements

You could also call this:

"Saying no to sex work doesn't stop you getting benefits."

If you refuse to work as a sex worker, it does not affect your benefits under the Social Security Act 2018. You can still get your benefits even if you do not want to work as a sex worker. This kind of work is not considered suitable employment for you under the Social Security Act 2018.

If you are able to work as a sex worker but you refuse to do so, it does not affect your entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001. You can still get your entitlements even if you do not want to work as a sex worker. Refusing to work as a sex worker means you do not want to do this kind of work in general.

When you refuse to work as a sex worker, it means you do not want to do this kind of work at all, not just a particular job or at a particular time. This refusal does not change your benefits or entitlements under the law. You have the right to refuse this kind of work without affecting your benefits.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197869.

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17: Refusal to provide commercial sexual services, or

"Saying no to providing sexual services is always your right, even if you agreed to do it."

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19: Application of Immigration Act 2009, or

"No visa for sex work in New Zealand"

Part 2Commercial sexual services
Protections for persons refusing to work as sex workers

18Refusal to work as sex worker does not affect entitlements

  1. A person's benefit, or entitlement to a benefit, under the Social Security Act 2018 may not be cancelled or affected in any 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.

  3. 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 particular time.

Notes
  • Section 18(1): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).