Another Spectrum

Personal ramblings and rants of a somewhat twisted mind


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A tribute to Georgina

On Monday afternoon Aotearoa lost a Kiwi icon and trailblazer – Georgina Beyer. An amazing woman and an inspiration to many. She will be fondly remembered and sadly missed, not only by New Zealanders, but by discriminated against minorities in many parts of the world. I’ll leave it to others better skilled than I to sing her praises.

Georgina Beyer remembered as trailblazer by Prime Minister, Labour’s Rainbow caucus chair

‘Georgina had guts’: Chris Carter remembers Georgina Beyer

Georgina Beyer: Tributes pour in for world’s first openly transgender MP, former PM Helen Clark remembers her as humorous, courageous

World’s first transgender mayor and MP, Georgina Beyer, dies aged 65 | Newshub [3:35}
Trailblazing MP Georgina Beyer dies aged 65 [5:43]
Georgina Beyer; Rainbow Voices interview | NZ Parliament [12:56]
Matangireia S2 | Episode 2: Georgina Beyer | RNZ [46:02]
MPs react to death of Georgina Beyer [3:28]
Former MP Georgina Beyer remembered as ‘anchor for the rainbow community’ – Louisa Wall [8:05]


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An upside to the overturning of Roe v Wade

For America and Americans there isn’t any, but for us in Aotearoa there is an upside. Especially when it comes to women’s health. The reality is that in America, and especially in the conservative south, many professionals working in women’s health live in fear – fear of being shot, fear of their work places being bombed, fear that their families might become targets for anti-abortion extremists. Who would choose to live like that? If enquiries from American health professionals to New zealand recruitment services are anything to go by, many have chosen to seek safer pastures.

For many decades, Aotearoa, like many smaller nations have have been the happy hunting ground where large American and European health organisations poach health professionals by offering eye watering salaries way beyond our capacity to pay. We simply don’t have those resources. As a consequence this country is critically short of medical staff in practically every field. And covid has only made thing worse with staff often working beyond the point of exhaustion. But perhaps the tables are about to be turned.

While I have the deepest sympathy for American women who have had their bodily autonomy stolen, I’m grateful that as a consequence of Roe vs Wade, many qualified and experienced health professionals are looking for alternative places where they can practice what they have been trained to do without fear of imprisonment and without fear for their safety, the safety of their families, safety in their place of work and safety for their patients. Many are seeking to make a new, safer and more balanced life for themselves and their families here in Aotearoa. We benefit by a reduction in our critical shortage of health professionals. Everyone wins (except for America and its women).

The YouTube video below is from Sunday, a weekly documentary series shown on TVNZ’s ONE channel. This episode describes the plight of American women seeking abortions in the south of America and also the plight of their health professionals. I can’t imagine living like that. I suspect this outside perspective of what America has become will be unsettling to many of its citizens, but I also suspect that those who should see it will be the last to even consider watching a foreign documentary. That’s what religious and political intolerance does.


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Just another statutory holiday

Today, being the fourth Monday of October, is for most Kiwis these days little more than a public holiday known a Labour day. For most its history is unknown, and the reason why it’s commemorated at all is forgotten.

Labour Day commemorates the struggle for an eight-hour working day in Aotearoa New Zealand. It seems that no matter what date Labour Day or its equivalent is commemorated in numerous other nations, there seems to be an individual who is acknowledged as being the catalyst for the occasion. In Aotearoa it is an individual by the name of Samuel Parnell.

Samuel Parnell. Wright, Henry Charles Clarke, 1844-1936 :Negatives. Ref: 1/1-020462-G. Alexander Turnbull Library, Wellington, New Zealand. /records/23133932

Parnell, a carpenter from London, emigrated to New Zealand in 1840, and amongst his fellow passengers was George Hunter, a shipping agent, and on arrival in Wellington, Hunter asked Parnell to build him a store. According to Kiwi folklore, Parnell responded “I will do my best, but I must make this condition, Mr. Hunter, that on the job the hours shall only be eight for the day … There are twenty-four hours per day given us; eight of these should be for work, eight for sleep, and the remaining eight for recreation and in which for men to do what little things they want for themselves. I am ready to start tomorrow morning at eight o’clock, but it must be on these terms or none at all.”

Hunter had little option but to concede to Parnell’s demands as skilled labour was critically short in supply. Parnell with the help of other Wellington workers set about making the eight hour working day the standard, informing all new immigrants that the eight hour day was the “custom” of the new settlement. In October 1840, Wellington workmen made a ruling that the working day was between 8am and 5pm, and according to legend, anyone found guilty of breaking this “commandment” was tossed into the harbour for their efforts.

The first Labour Day was celebrated on 28 October 1890 when thousands of workers participated in parades across the country. Government workers and many others were granted a day off work to attend. By this time the majority of workers enjoyed an eight hour day, but it was not a legal requirement. The fledgeling union movement wanted the Liberal Government of the day to legislate an eight hour working day, The Liberal Party was reluctant to upset the business community, and Kiwis had to wait for the arrival of the first Labour government which introduced the 40 hour week.

However, the Liberal government did introduce an industrial conciliation and arbitration system in 1894 – a world innovation at the time, and in 1899 made labour day a statutory holiday, with the date set as the second Wednesday of October. Ten years later it was “Mondayised” to the fourth Monday of October.

Over the following decades, the celebratory nature of Labour Day declined and certainly from my earliest memory of the 1950s Labour day parades were all but forgotten and the day had become “just another holiday”. It’s now late evening and as the day draws to a close, I wonder how many of my fellow Kiwis realise how much our way of life, has been influenced by the those early unionists who understood better than many of us today the importance of a proper life balance.


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Gender self identification

Aotearoa New Zealand has had a history of being pioneers in social change, either as the instigator or an early adopter, and has at times been described as the world’s social laboratory. Here’s a few I can think of without recourse to to an online search:

Universal suffrage, old age pension: socialised medicine; a comprehensive social welfare system; inflation targeting; the 40-hour week; an arbitration system for workplace disputes; decriminalisation of homesexuality; gender self-identification on many legal documents; same sex marriages; state funded remote learning for school aged students; legal personhood to elements of nature (forests, and river basins etc), to name just a few.

On the other hand there are some social changes that remain uniquely Kiwi. For example: ACC, a universal no-faults accidents compensation and rehabilitation scheme; PHARMAC, an agency that negotiates the supply and purchase price of pharmaceutical medicines and devices with manufacturers and distributors on behalf of the nation; decriminalisation of prostitution.

As is only natural, there are critics of every social change, but on the whole, I believe we as a nation are better off because of these changes. Many of the changes have been deemed radical, especially by outside observers. These are often the same sources that describe Aotearoa New Zealand as conservative, unimaginative, and even stuffy. Generally, I don’t think Kiwis see either ourselves or the social changes this country has pioneered as being radical.

Instead, I think the Kiwi spirit of being pragmatic and our sense of fairness and egalitarianism is largely at play, along with a liberal sprinkling of a “can do” attitude. In other words, the changes have not been seen as radical or reforms, but instead viewed as practical solutions to problems that unfairly burden sections of society. One MP (Member of Parliament) recently made the observation that law making is not for the majority (they can look after themselves), but for the disadvantaged – those to whom society denies equal rights and opportunities.

A week ago today, the BDMRR (Births, Deaths, Marriages and Relationships Registration) bill passed its third and final reading in Parliament. The bill, as it was originally introduced to Parliament in 2018 was to update a previous act of the same name to streamline it, tidy up some inconsistencies and to take into account changes in technology. Nothing in it that could have been considered controversial or radical, so why has it taken three years to reach this point?

During the Select Committee stage, the interested parties can present oral and/or written submissions on the proposed law. During this process, there were a significant number of submissions asking for the right to self-declare the gender marker on one’s birth certificate, in the same way as we have been able to do for several decades on official documents such as a driver’s licence or passport. Up until now, the gender marker on birth certificates could be changed only by submission to the Family Court. By unanimous decision, the Select Committee recommended amendments to the bill allowing for self-identification.

This was a leap too far for the coalition government of the day, because the proposed amendments were added by the Select Committee after the closure of public submissions and made significant changes not foreseen at its introduction to Parliament. In effect, while those desiring the changes had been heard, there had been no opportunity for a wider perspective on self-identification to be heard – an essential aspect of democratic principles.

The government of the day, decided to delay the passage of the bill until a new round of consultations and public submissions regarding self-identification could be held. In Aotearoa, this can often take considerable time. Finally, earlier this year, a SOP (Supplementary Order Paper) covering the proposed self ID changes were introduced to Parliament and the public were able to make submissions specifically on gender self-identification.

At the completion of hearings, the Select Committee recommended some minor changes and these were accepted by Parliament. Finally on Friday, the BDMRR bill, with gender self-identification, was passed by Parliament. What perhaps was surprising what the majority by which it passed.

I appreciate that gender identification, whether or not it’s by self-identification or not, can be a controversial topic. The current (toxic) arguments that seem to be part of the argument in the UK and the US were largely lacking here, but nevertheless, I expected some MPs to very vocal in their opposition to self identification. I was quite surprised by how little there was.

A common theme that many MPs spoke to was that while the self-identification provisions will have little to no impact on most Kiwis, it will have a significant positive impact on a small sector of the community – the transgendered, intersex, non-binary and gender nonconforming.

Not one MP spoke in opposition to self identification. A number brought up the fact that as the gender of those who do not have a NZ birth certificate such as immigrants, refugees and asylum seekers and temporary residents, who are not covered by the provision of the new act will be worse off than they are at present. There is already a large body of MPs who are intent on seeing this anomaly corrected under separate legislation.

So how many Parliamentarians opposed the legislation? Not one. The BDMRR bill, including all the provisions for gender self-identification was passed unanimously. Every MP, be they from the centre left Labour Party, the centre right National Party, the libertarian ACT Party, the environmentalist Green Party, or the indigenous Māori Party, voted for it.

It’s not that common for legislation to pass unanimously. It didn’t happen with the introduction a Social welfare system, ACC, PHARMAC, homosexual law reform, the decriminalisation of prostitution, civil unions or same sex marriages. Even changes to gun ownership laws following the Christchurch mosque shootings had one dissenting vote, so I was more than a little surprised by a unanimous decision in this case.


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Post Covid-19 freedoms

Terms such as freedom and liberty are often thought of as being clear cut in what they mean – everyone agrees on what those words mean. Or do they?

I think most Americans and Kiwis would agree everyone has a right to be able to drive on public roads. However we understand that driving can have serious repercussions if one doesn’t have the necessary skills to to do so safely. In order to limit the amount of harm, drivers need to provide evidence that they have the necessary skills to control a moving vehicle – a driver’s licence. Once you have shown you can competently control a motor vehicle, you retain that right until you prove that you no longer hold the necessary skills – a serious driving offence or a failed eyesight test for example.

While the US constitution guarantees some form of firearms ownership for the purposes of a “well organised militia”, and NZ doesn’t even have a codified constitution, both nations to have a long standing tradition of gun ownership, which might be reasonably be viewed as being a “right”. In Aotearoa New Zealand, the consensus is that the right to gun ownership is similar to the right to drive. It’s necessary to prove your competence to own and use a weapon safely, and this is done by a testing regime no less strenuous than that which applies to driving a vehicle.

My impression of the US is that the right to own, and perhaps more importantly carry firearms is more divided. While I think the largest block hold views not too dissimilar of the predominant view here, there are significant blocks that hold different views. At the one end there’s the card waving NRA membership that demand nothing less than a completely unregulated, uncontrolled “right” to own and carry weapons, even opposing background checks for goodness sake! Anything else is an attack on their constitutional “rights”. At the other end of the spectrum there’s a small group who call for the repeal of the 2nd Amendment or at least a reinterpretation of what it really means.

So when it comes to firearms, opinions in the US are more divided on what rights and freedoms mean and what limits, if any, should be imposed when balancing the rights of the individual against the rights of others, including the community as a whole. I believe most people understand that as well as rights, we have responsibilities, and that those responsibilities, if they are to be fairly shared, may need to be regulated in some way. I think the same is true when it comes to covid-19.

In his post “Covid 19 Delta outbreak: Peter Davis – Vaccine passport and smoke-free law” Peter Davis draws on the NZ experience of how the attitude towards smoking has changed over the decades – from one where smokers were exercising their “rights” to smoke and non-smokers had little or no recourse, to one where the dangers of second-hand smoke are understood and now prohibited in workplaces and most public venues – and how this precedent might be applicable to covid-19. It’s worth the read, and it might help some of those still sitting on the fence to understand why the unvaccinated may find they have fewer “freedoms” than the vaccinated.

Given that the evidence overwhelmingly confirms that one in three people who contract covid-19 have at least one symptom of long-covid, even 18 months after first being infected, the impact of long term health and social costs are, as yet, unknown. How can anyone on their right mind claim their “right” to unrestricted movement surpasses my “right” not to suffer long term health issues caused by their recklessness?

In many ways, we have been playing pandemic “Russian roulette” for decades – especially as the cost of international air travel has declined significantly. By way of example, when I first travelled to Japan in 1971, the return air fare cost the equivalent of 75% of my annual salary. International travel was not something one did without some long term planning and saving. It certainly couldn’t be undertaken on a whim. If I was still in the same job in January 2020, the same return journey would have cost as little as 1.5% of my annual salary. Pre covid, a trip from Aotearoa to Australia could cost about the same as a night out at an upmarket restaurant.

We must acknowledge that with so many people moving around the globe we have indeed become a global village. In the past the relative isolation of villages, towns and nations meant that pandemics were relatively rare, and when they did occur, they spread at a slow pace. That is no longer true.

We are far more mobile these days (well, pre-pandemic), than we have ever been in the history of our species, and this presents a greater risk of new infectious diseases spreading at uncontrollable rates across the planet. In many ways I think we have been lucky that this pandemic has been relatively mild, especially when it comes to fatalities. We may not be so lucky next time. And as sure as night follows day, there will be a next time.

It’s wishful thinking to assume we will ever return to pre-covid days. It’s not going to happen. The public (well most of us) now understand the harm a pandemic can bring – something epidemiologists have been warning us for years while we and the politicians we elect have turned a deaf ear and a blind eye to their message.

As I see it we have two options: freedom from documentation and a restriction on movement, or freedom of movement accompanied by documentation, vaccination passports being one of them. I know which I would prefer. How about you?


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Countdown towards a ban of all forms of conversion therapy — Autistic Collaboration

ABA is perhaps the best known “therapy” for autistic people – especially autistic children, but it’s still conversion therapy, and is just as harmful in the view of many autistic adults. What is less well known is that this form of “treatment” for autistics is the basis of all forms of conversion therapy, and now widely condemned in other fields. Unfortunately people who are autistic can still be subjected to electric shock “therapy” in order to make them appear less autistic (a recent SCOTUS decision means it still continues in America). All conversion therapy is cruel and inhumane, and I don’t care whether it’s in the “treatment” of those in the LGBTQI+ community or the neurodivergent community. It must stop!

Today we have presented our submission to the government’s Conversion Practices Prohibition Legislation Bill. From today we will will start counting the days until all forms of conversion therapies are banned in Aotearoa New Zealand. Our hope is that this page will only need to be appended a few times with further activities to remind…

Countdown towards a ban of all forms of conversion therapy — Autistic Collaboration


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Getting what one deserves

Over the last few hours I have read a number of blogs pertaining to the situation in Afghanistan. Many of those blogs are blaming the rapid fall of the nation to the Taliban on the inhabitants, often implying that it must be what they really want, otherwise they would have fought. What the bloggers seem to forget is that the West had already reached the conclusion that it was inevitable that the Taliban would eventually take control – perhaps in a few years. Long enough to appear that their withdrawal appeared “honourable”.

Think for a moment. If the West had reached that conclusion doesn’t it seem feasible that the Afghanis themselves, being so much closer to the ground, also reached the same conclusion. A sense of hopelessness coupled with a fear induced by the barbarity of the Taliban is more than enough for most people to become resigned to their inevitable fate. Few folk will fight, whether by way of arms, civil disobedience or the pen where there is absolutely no hope of a different outcome.

One writer suggested that as women are at least as numerous as men and have more to lose, they should take up arms, and if they don’t the implication was that they deserve (or want) what they get. History has proven time and again that a sense of powerlessness, hopelessness and fear can be used by the few to control the many. How is the situation in Afghanistan any different than the rise of fascism and naziism in Europe between the two world wars, the rise of Stalinism, Maoism, Pol Pot, Apartheid, and in the US, slavery, Jim Crow and McCarthyism? How many nations and communities fell to colonial rule/occupation for similar reasons? Military might was not the only tool used.

It’s not only minorities that can feel a sense of hopelessness, it can exist in significant majorities for exactly the same reason: loss of hope. A hope that they might escape Taliban authoritarianism has led to some people taking stupid risks such as attempting to cling to the undercarriage of departing aircraft. In their mind, the risk was worth the effort whereas the risk of remaining and opposing the incoming regime seemed futile.

The advantage with fanatical beliefs is that they are separated from reality. While they are often religious in nature they don’t have to be. Taliban fighters are confident in their belief that their efforts will be rewarded, if not in this life, then in the next. Their blind faith that their cause is just and will prevail just as surely as night follows day gives them all the will needed to continue fighting regardless of what the true situation is at any given moment.

Meanwhile back in reality, the typical, man, woman, father, mother, son, daughter, uncle, aunt has to weigh up the consequences of their action. Would opposing the Taliban pose greater risks of harm to themselves and to those they care about than doing nothing – especially if they perceive their opposition is doomed to failure? I don’t think I need to remind readers, that the inhabitants of Afghanistan will be only too well aware of the atrocities that the Taliban are capable of inflicting on not only those who oppose them, but on their families and communities as well.

To a large extent, the West has only themselves to blame for the current situation, and for this reason I was less than impressed with President Biden’s speech. He considers himself blameless. Instead much of the blame he places on Trump, the Afghan government and military. His own military advisers had predicted the inevitable outcome of a quick withdrawal, although not the speed at which it would occur. Biden, like so many others I have heard and read today imply that the Afghanis will get the government they deserve. They don’t.

With few exceptions, the occupation of Afghanistan was based on military and perhaps political objectives of the West. Humanitarian objectives have been mostly ignored except where they were an advantage to the military and political objectives. If the same effort had been put into targeting humanitarian outcomes for their own sake, I wonder whether the current situation would have eventuated. I’m enough of a realist to admit there would be no guarantee of a better outcome, but on the other hand there’s no guarantee that it wouldn’t. However, from a purely military and political perspective, I don’t think any outcome, other than the one that is currently playing out, was possible – especially in the way the allies handled the two decades of occupation.

I do not know what should be done to reduce the harm that will inevitably occur to many innocent people in the wake of the Taliban takeover, and for this I accept my share of the blame. I’ve had twenty years in which to argue for a more humanitarian approach to moderating the effects of fanaticism on populations but have remained relatively silent until now. In the words of Nanci Griffith “I am not at the wheel of control, I am guilty, I am war, I am the root of all evil“. Are any of us any different?

Feel free to substitute Belfast and Chicago with any other place of conflict of your choosing

It’s a Hard Life Wherever You Go – Nanci Griffith

I am a backseat driver from America
They drive to the left on Falls Road
The man at the wheel's name is Seamus
We pass a child on the corner he knows
And Seamus says,"Now, what chance has that kid got?"
And I say from the back,"I don't know."
He says,"There's barbed wire at all of these exits
And there ain't no place in Belfast for that kid to go."

It's a hard life
It's a hard life
It's a very hard life
It's a hard life wherever you go
If we poison our children with hatred
Then, the hard life is all they'll ever know
And there ain't no place in Belfast for these kids to go

A cafeteria line in Chicage
The fat man in front of me
Is calling black people trash to his children
He's the only trash here I see
And I'm thinking this man wears a white hood
In the night when his children should sleep
But, they slip to their window and they see him
And they think that white hood's all they need

It's a hard life
It's a hard life
It's a very hard life
It's a hard life wherever you go
If we poison our children with hatred
Then, the hard life is all they'll ever know
And there ain't no place in Chicago for these kids to go

I was a child in the sixties
Dreams could be held through TV
With Disney and Cronkite and Martin Luther
Oh, I believed, I believed, I believed
Now, I am a backstreet driver from America
I am not at the wheel of control
I am guilty, I am war I am the root of all evil
Lord, and I can't drive on the left side of the road

It's a hard life
It's a hard life
It's a very hard life
It's a hard life wherever you go
If we poison our children with hatred
Then, the hard life is all they'll ever know
And there ain't no place in this world for these kids to go


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#MeToo – NZ style

Sexual harassment is all too common, and yes, it also happens in Aotearoa New Zealand too. And just as in the rest of the world, women are by far more likely to be harassed than men. Regardless of gender, it requires a lot of courage for a victim to seek redress for any form of harassment, but particularly when it is of a sexual nature.

In this country it is slightly easier than in many other jurisdictions to seek redress as the Human rights Commission will often represent a plaintive in court through the office of the Director for Human Rights Proceedings.

In a recent case, the Director for Human Rights Proceedings represented a woman in a sexual harassment hearing before the Human Rights Review Tribunal where the woman was awarded a six-figure sum for sexual harassment that occurred in the course of her employment. Unfortunately, most of the details of the case have been hidden behind a confidentiality agreement so it’s unlikely that we’ll ever know the full details.

What makes this case unusual is that the value of the payout is large by New Zealand standards, but it does show an increasing intolerance by the courts towards sexual harassment. Perhaps more unique is the nature of the woman’s employment, and although similar cases have been successful in this country, her job would preclude such a case being brought before the courts at all in most other jurisdictions.

According to an article in the New Zealand Herald:

A sex worker awarded a six-figure payout after being sexually harassed at work is feeling vindicated, say those who lobbied for her.

Despite much of the case being subject to a confidentiality agreement, the Office of Human Rights Proceedings has revealed a substantial settlement has been reached between a business owner and a sex worker.

The money is to compensate the woman for emotional harm and lost earnings.

Human rights proceedings director Michael Timmins said the settlement was “substantial” and hoped to serve as a benchmark for future cases.

New Zealand Herald, 14 December 2020

The finding of the tribunal are not yet available online but seem to be consistent with the finding of DML v Montgomery in March 2012 where DML was awarded $25,000. There the key finding was that Sex workers are protected by section 62 of the Human Rights Act 1993 (sexual harassment).

Sex workers work in an environment where there will be some sexual language/behaviour. However, there is a difference between sexual language/behaviour with a legitimate work purpose, and sexual language/behaviour that is unwelcome or offensive to the individual.

Some key findings in that case were:

[106] But context is everything. Even in a brothel language with a sexual dimension can be used inappropriately in suggestive, oppressive, or abusive circumstances.

[110] In addition to establishing that the spoken language complained of was of a sexual nature, the plaintiff must also show that the language was either unwelcome or offensive to her. Whereas the test for the first element is objective, the test for the second is subjective. That is, it is the complainant’s perception that is relevant. It is immaterial whether the person complained about (or any other person) considered the language to be unwelcome or offensive. See Proceedings Commissioner v Woodward [1998] NZCRT 8 at 6 (CRT, 22 May 1998) and EN v KIC [Sexual harassment] at [49]. There is no “reasonable person” test. The harasser must take the consequences of the victim’s sensibilities. See Lenart v Massey University at 267.

[111] It follows that it is not possible to ask whether a “reasonable sex worker” would find the behaviour unwelcome or offensive. If the Tribunal accepts the plaintiff’s evidence that she did indeed find Mr Montgomery’s language unwelcome or offensive, that is sufficient. If in a brothel language or behaviour of a sexual nature could never be considered unwelcome or offensive sex workers would be denied the protection of the Human Rights Act.

[146]… Sex workers are as much entitled to protection from sexual harassment as those working in other occupations. The fact that a person is a sex worker is not a licence for sexual harassment, especially by the manager or employer at the brothel. Sex workers have the same human rights as other workers. The special vulnerability of sex workers to exploitation and abuse was specifically recognised by the Prostitution Reform Act 2003 which not only decriminalised prostitution but also had the purpose of creating a framework to safeguard the human rights of sex workers and to promote their welfare and occupational health and safety:

3 Purpose
The purpose of this Act is to decriminalise prostitution (while not endorsing or morally
sanctioning prostitution or its use) and to create a framework that—
(a) safeguards the human rights of sex workers and protects them from exploitation:
(b) promotes the welfare and occupational health and safety of sex workers:
(c) is conducive to public health:
(d) prohibits the use in prostitution of persons under 18 years of age:
(e) implements certain other related reforms.

Irrespective of my own personal views on prostitution, it is cases such as these that persuade me that out of all options for dealing with it, I am pleased that what has become known as the New Zealand model was adopted here in 2003. Do any of my readers have an opinion on this?