“They wouldn't get away with it at McDonalds”: Decriminalization, work, and disciplinary power in New Zealand brothels

Abstract

New Zealand decriminalized sex work in 2004 with the passage of the Prostitution Reform Act (2003), which sets an explicit intention to prevent exploitation of sex workers and improve their welfare. This has demonstrably improved conditions for sex workers and provides a necessary context for addressing exploitation. However, little research has looked at how this works for brothel-based sex workers in New Zealand. This paper responds to that gap by examining how brothel operators in New Zealand exercise power and control and how sex workers experience that. The study draws on in-depth interviews conducted across New Zealand with 33 participants. These include staff from the New Zealand Sex Workers' Collective (2), brothel-based sex workers (18), operators (8), and sex worker/operators (5). We use a Foucauldian framework and Foucauldian Discourse Analysis to examine how disciplinary power informs brothel management, prompting the production of normative discourses of work that destabilize sex workers' safety at work. We conclude that decriminalization nevertheless provides an essential framework by which sex workers are able to resist disciplinary control (W/C 171).