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In 2003 and 2004, Aotearoa New Zealand enacted two key laws that regulate two very different ways in which the female body may be commodified. The Prostitution Reform Act 2003 (PRA) decriminalized prostitution, removing legal barriers to the buying and selling of commercial sexual services. The Human Assisted Reproductive Technology Act 2004 (HART Act), on the other hand, put a prohibition on commercial surrogacy agreements. This paper undertakes a comparative analysis of the ethical arguments underlying New Zealand's legislative solutions to prostitution and commercial surrogacy. While the regulation of prostitution is approached with a Marxist feminist lens with the aim to ensure the health and safety of sex workers, commercial surrogacy is prohibited outright for concerns of negative impacts on present and future persons. I ground the principles of each Act in their ethical foundations and compare these two against one another. I conclude that New Zealand's legislative approach to regulating the commodification of the female body is ethically inconsistent. [ABSTRACT FROM AUTHOR]

The passing of the Prostitution Reform Act (PRA) in 2003 has resulted in Aotearoa/New Zealand being in a unique position internationally in terms of the regulation of sex work. In this paper, I provide an overview of the history of sex work in Aotearoa/New Zealand leading up to and subsequent to the passing of the PRA. Underlying this overview are theoretically informed discussions considering how discourses of heteronormative sexuality result in sex work being gendered in particular ways, and how different models of regulating prostitution reflect different ideological and political concerns, and have different outcomes. The specifics of the gendering of sex work means that these understandings and outcomes have particular effects on women. While the interests of women are thus prioritised in recent theorising and, in some instances, in the regulation of prostitution, it is apparent that what is considered to be in 'women's interests' varies. I conclude by suggesting that while the PRA may not challenge the gendered nature of the industry, it protects the immediate interests of the women who work within it. This paper is intended to serve the dual purpose of providing the reader of this special issue of the Women's Studies Journal with some relevant background, and giving students interested in the area -- especially those in Aotearoa/New Zealand - a starting point for their research. [ABSTRACT FROM AUTHOR]

This paper examines the way individuals' discourses about risk can function to 'credential' a speaker, counter any potential accusation of risk-taking and occlude attention to evidence of risk and risk-taking. This phenomenon was studied in the context of a 3-year, qualitative cohort study of 31 women who worked in the New Zealand sex industry. This paper considers the way participants' discourses explaining their uptake of sex work operated to mask risk behaviour and potentials for risk and danger that were reported in their talk but not attended to. These discourses operated differently among street workers and among women who worked the 'inside' sector. 'Inside' workers put the case for their uptake of sex work in terms of 'quick', 'good' money, and workplace freedoms. In the absence of such 'good' money and where workplace 'freedoms' allowed personalised and individualising control by management, women were pushed towards competition and risky practice. Street workers expounded arguments of personal agency and of being 'in control' of risks and dangers on the streets, which were known well and depicted graphically. Such argument refused acknowledgement of personal vulnerability. The importance of such 'discursive' readings of individuals' understandings of risk and risk-taking is discussed. [ABSTRACT FROM AUTHOR]

With the passing of the Prostitution Reform Act (PRA) in 2003, New Zealand became the first country to implement a full decriminalisation of street and in-house prostitution, nationwide. As few New Zealanders have direct regular contact with prostitutes, the media has a strong role in shaping public discourse in relation to the sex industry. Using Foucauldian inspired poststructuralist analysis, from a critical feminist perspective, this paper investigates the representation of prostitution in the New Zealand print media before and after the passing of the PRA. Newspaper articles from 2000 to 2013 were analysed to identify key discursive constructions of the PRA, prostitution, sex workers, and other key players in the New Zealand sex industry. The main representations identified in the data were adult or child street prostitution, those who sell sex were always depicted as women (or girls) and those who buy sex, as men. Discussions of men who buy sex were noticeably absent, except in coverage of men who had been violent towards sex workers and men who bought sex from children. Inhouse prostitution was depicted as a more legitimate profession than street prostitution and the (street) sex worker was portrayed in disparaging ways. We conclude that although New Zealand has decriminalised prostitution, visible sex worker activity on the street continues to be deplored, due to its violation of various codes of traditional femininity and female sexuality. The media also work to individualise issues related to the sex industry, which require a more social, structural, and economic analysis. [ABSTRACT FROM AUTHOR]

Sex workers' humor has received comparatively little attention in the literature to date, and work that does consider this phenomenon focuses on humor in face-to-face contexts. Increasingly, elements of sex workers' labor and community building take place online. This article examines the emergence of sex work humor in online spaces, considering how this humor provides evidence of resilience within this community. The article uses a critical discourse analysis approach blended with a cultural studies lens to examine 171 discrete texts drawn from sex work communities in Australia and New Zealand. These include social media postings from peer-led organizations and correspondence between sex workers and their clients, which was profiled in news media during the COVID-19 lockdowns. The humor evident within these texts falls into three major categories: humor about clients; humor as a mechanism of discussing stigma and discrimination; and humor as an agent of activism and social change. The findings indicate that humor can be evidence of resilience among sex-working communities, that it is politically productive and effective from a communications perspective, and present the possibility that it may also contribute to resilience. The presence of humor in online sex work spaces of sociality further highlights the importance of these spaces for community building, and draws attention to additional harms created by deplatforming. [ABSTRACT FROM AUTHOR]

Sex work in New Zealand was decriminalized by the Prostitution Reform Act 2003. News media is one of the key sites where stigma against sex workers is reproduced, negotiated and can be resisted. Depictions of sex workers in New Zealand vary significantly according to where and how they work. News media texts which discuss modes of sex work constructed as less acceptable sometimes call for sex workers to change how and where they work, typically to modes of work which would make them less visible, in the sense of removing them from public space or of making them invisible as sex workers. The 'solutions' for these sex workers are typically proposed by outsiders to the industry, who generally do not acknowledge the benefits, drawbacks and barriers which sex workers perceive to be attached to different ways of working. The demands placed upon sex workers to make the correct 'choice' about how and where to work recall neoliberal discourses of entrepreneurialism and further marginalize women who fail to engage in sex work in the 'correct' manner. This article examines these media discourses with reference to theories of neoliberal postfeminism, to establish how these discourses function to establish a mode of sex work most accessible to white, middle class, cisgender women as more 'acceptable'. The concomitant effect of these discourses is to blame sex workers who disproportionately suffer the effects of stigma and harassment for their own ill-treatment, invoking ideas of 'personal responsibility'. [ABSTRACT FROM AUTHOR]

While New Zealand's Prostitution Reform Act has decriminalized sex work for citizens and permanent residents, migrants on temporary visas are still not permitted to work in the sex industry. In 2018, a series of news media texts documented complaints about migrant sex workers put forward by Lisa Lewis, a prominent sex worker. This article considers how the figure of the migrant sex worker was produced through comparison to contingently acceptable 'New Zealand working girls'. This was partly achieved through a discursive link between sex work and the alleged economic impact of Asian migrants to New Zealand, with the argument that migrant sex workers were impacting the earnings of domestic sex workers. Lewis' claims were subsequently publicly rejected by other domestic sex workers, who resisted attempts to position them within this discourse. This media event offers evidence of changes to the figure of the sex worker in public discourse post-decriminalization: first in the way that some sex workers may be offered conditional acceptance and recognition of their jobs, and secondly in that it displays active resistance to the stigmatization of prostitution by a group of sex workers. [ABSTRACT FROM AUTHOR]

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This article analyses expert discourse on prostitution in New Zealand and Sweden using governmentality theory. The article shows that in both cases, experts adopted research methodologies based in criticism of past research as supporting heterosexual male hegemony. New Zealand experts emphasized giving voice to prostitutes as a marginalized, predominately female population and producing research that benefited them. Swedish experts argued that research should focus upon global sex markets and hegemonic masculinities, successfully advocating criminalizing clients and pimps, but not prostitutes. The article argues that both policies exemplify contrasting advanced liberal governmental techniques. In New Zealand, the critical methodology of attention to prostitute voices informed techniques of agency which sought to empower sex workers to manage their own health and human rights problems. In Sweden, the methodology of studying up informed advanced liberal authoritarian techniques which disciplined and punished sex buyers in the interests of their own freedom and in conformity with Swedish constructions of freedom. In each case, advanced liberal governmentality instrumentalized knowledge produced by critical feminist research methodologies to inform governmental techniques that produced localized gendered norms of personhood. [ABSTRACT FROM AUTHOR]

With examples from a 2003 New Zealand prostitution law, this article discusses the logical inconsistencies in laws sponsoring prostitution and includes evidence for the physical, emotional, and social harms of prostitution. These harms are not decreased by legalization or decriminalization. The article addresses the confusion caused by organizations that oppose trafficking but at the same time promote prostitution as a justifiable form of labor for poor women. The failure of condom distribution/harm reduction programs to protect women in prostitution from rape, sexually transmitted diseases (STDs), and HIV is discussed. The success of such programs in obtaining funding and in promoting prostitution as sex work is also discussed. [ABSTRACT FROM AUTHOR]