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Prostitution Reform Act 2003

Operator certificates

36: Disqualification from holding certificate

You could also call this:

"Some crimes stop you from getting a certificate"

You cannot hold a certificate if you have been convicted of certain crimes. These crimes include some offences under the Crimes Act 1961, such as participation in an organised criminal group, sexual crimes, and murder. You are also disqualified if you have been convicted of certain offences under the Arms Act 1983 or the Misuse of Drugs Act 1975.

You are disqualified if you have been convicted of trying to commit one of these crimes, or if you helped someone commit one of these crimes. This includes crimes like robbery, extortion, and burglary under the Crimes Act 1961. Some convictions under the Misuse of Drugs Act 1975 also disqualify you, such as offences under section 6, section 9, section 12A, section 12AB, or section 12B.

You cannot hold a certificate if you have been convicted of a crime under this Act, except for some specific offences like section 39(3), section 40(2), and section 41(3). This rule applies to convictions at any time. It also applies if you have been convicted of an offence under the Crimes Act 1961 that is punishable by two or more years in prison.

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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=DLM197892.

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Part 3Operator certificates

36Disqualification from holding certificate

  1. A person is disqualified from holding a certificate if he or she has been convicted at any time of any of the disqualifying offences 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.

  2. The disqualifying offences are as follows:

  3. an offence under this Act (other than an offence under section 39(3), section 40(2), and section 41(3)):
    1. an offence under any of the following sections or Parts of the Crimes Act 1961 that is punishable by 2 or more years' imprisonment:
      1. section 98A (participation in an organised criminal group):
        1. sections 127 to 144C (includes sexual crimes):
          1. Part 8 (includes murder, manslaughter, assault, and abduction):
            1. sections 234 to 244 (robbery, extortion, and burglary):
              1. section 243 (money laundering):
              2. an offence under the Arms Act 1983 that is punishable by imprisonment:
                1. in relation to the Misuse of Drugs Act 1975,—
                  1. an offence under section 6 (other than possession of a Class C controlled drug):
                    1. an offence under section 9, section 12A, section 12AB, or section 12B:
                      1. an offence under any other section, but only if it relates to a Class A or a Class B controlled drug.

                      Notes
                      • Section 36(2)(b)(v): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).
                      • Section 36(2)(d)(ii): amended, on , by section 23 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).