Selling Ourselves Short?: the Legislative History of Prostitution in New Zealand

Abstract

This paper analyses the legislative history of prostitution in New Zealand. By way of historical background, early sexual exchanges between European travellers and Maori are explored. The paper then analyses early legislation which regulated prostitution, with a specific focus on the Contagious Diseases Act 1869. Three key themes are identified within the legislative framework (namely regulated tolerance, public health concerns and a double standard) which are then traced into, and used to critique, 20th century legal responses to prostitution. The paper discusses the campaign for reform behind the Prostitution Act 2003, and argues that it was because of the key themes which have characterised our legislative history that a decriminalisation model of reform was adopted.