The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Justice.

Pursuant to section 47 of the Prostitution Reform Act 2003, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Prostitution (Operator Certificate) Regulations 2003.

2 Commencement

These regulations come into force on 28 December 2003.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Prostitution Reform Act 2003

Registrar means the Registrar of the District Court at Auckland, or the Registrar of any other District Court identified in regulations made under the Act as the, or a, Registrar who may accept applications under section 35 of the Act.

(2)

Words and expressions defined in the Act and used in these regulations have the same meaning as in the Act.

(3)

In these regulations, a reference to a numbered form is a reference to a form so numbered in Schedule 1.

4 Application for operator certificate

Every application to the Registrar for a certificate under section 35 of the Act must be in form 1.

5 Photograph of applicant

(1)

An application in form 1 must be accompanied by a recent photograph of the applicant.

(2)

The photograph must be 40 mm wide and 50 mm high.

(3)

The photograph must be authenticated in accordance with regulation 7.

6 Presentation of official identification

(1)

An application in form 1 must be—

(a)

accompanied by a photocopy of a form of official identification that contains a photograph of the applicant, such as a passport or driver licence; or

(b)

accompanied by the presentation of an electronic driver licence under the Land Transport Act 1998 and any regulations or rules made under that Act.

(2)

A photocopy provided under subclause (1)(a) must be authenticated in accordance with regulation 7.

Regulation 6 heading: amended, on 19 May 2026, by section 231(1) of the Regulatory Systems (Transport) Amendment Act 2026 (2026 No 21).

Regulation 6(1): replaced, on 19 May 2026, by section 231(2) of the Regulatory Systems (Transport) Amendment Act 2026 (2026 No 21).

Regulation 6(2): amended, on 19 May 2026, by section 231(3) of the Regulatory Systems (Transport) Amendment Act 2026 (2026 No 21).

7 Authentication of photograph and official identification

(1)

The photograph required by regulation 5 and the photocopy required by regulation 6 are each to be authenticated by a person who is—

(a)

a barrister or solicitor of the High Court of New Zealand; or

(b)

a Registrar or Deputy Registrar of a District Court; or

(c)

a Justice of the Peace; or

(d)

a kaumatua; or

(e)

a minister of religion; or

(f)

a constable; or

(g)

a registered medical professional.

(2)

That person must not be—

(a)

a relative or part of the family group of the applicant; or

(b)

a partner of the applicant; or

(c)

a person who lives at the same address as the applicant; or

(d)

the employer of the applicant.

(3)

In the case of the photograph required by regulation 5, the person authenticating the photograph—

(a)

must certify on the application that the photograph is a true likeness of [full name], the applicant; and

(b)

must certify on the back of the photograph “Certified true likeness of [full name of applicant]”; and

(c)

must, on the application, sign and date the certificate given pursuant to paragraph (a); and

(d)

must, on the back of the photograph, sign and date the certificate given pursuant to paragraph (b).

(4)

In the case of the photocopy required by regulation 6, the person authenticating the photocopy—

(a)

must certify on both the application and the photocopy that the photocopy is “Certified to be a true copy of the original (which I have seen)”; and

(b)

must, on both the photocopy and the application, sign and date the certificate given pursuant to paragraph (a).

(5)

The person authenticating the photograph or the photocopy must fill in in ink, in his or her own handwriting, the part of the application that relates to the authentication being given by that person.

Regulation 7(1)(f): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

8 Operator certificate

A certificate issued under section 35 of the Act must be in form 2.

9 Fees

(1)

The fees set out in Schedule 2 are prescribed as the fees payable in respect of the matters specified in that schedule.

(2)

The prescribed fees payable in respect of any application under section 35 or section 38(4) of the Act are payable on the filing of the application.

10 GST included

The fees prescribed by regulation 9 are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

Schedule 1 Forms

r 3(3)

Form 1 Application for operator certificate

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Section 35, Prostitution Reform Act 2003

To the Registrar

I, the applicant whose details are given below, apply for a certificate under section 35 of the Prostitution Reform Act 2003.

The certificate that I am applying for is the certificate that must be held by every operator of a business of prostitution (other than a company).

1

Details of applicant

My surname or family name is:

My first name is:

My middle name(s) is:

My date of birth is:

My gender is (circle one): male / female

2

Any other names by which the applicant is, or ever has been, known

My alternative family name is:

My alternative first given name is:

My alternative middle name(s) is:

3

Is this the applicant’s first application for a certificate?

(circle one): yes / no

If no, state your current or previous certificate number:

If you hold an order waiving a disqualification, state the number of the order made under section 37 of the Prostitution Reform Act 2003 and provide a copy of that order with this application:

4

Address of applicant to which certificate and any related correspondence is to be sent

Number and street:

Suburb:

City:

Postcode:

5

Telephone number and email address of applicant

My daytime telephone number is:

My email address is:

Note: Compliance with this paragraph is optional.

6

Photograph of applicant

I, the applicant, enclose a recent photograph of myself.

7

Authentication of photograph

The photograph complies with regulation 5 of the Prostitution (Operator Certificate) Regulations 2003, and has been authenticated by [full name].

This panel is to be filled in by the person authenticating the photograph.
Authentication of photograph I, [full name] of [home address], certify that the enclosed photograph is a true likeness of [full name], the applicant, and that I have, in my own handwriting, signed and dated a certificate to that effect on the back of that photograph.
I am a (circle one):
barrister or solicitor of the High Court		minister of religion
Registrar or Deputy Registrar of a District Court		constable
kaumatua		Justice of the Peace
registered medical professional
. Signature of person authenticating photograph		. Date
Home phone number: Work phone number:

8

Photocopy of form of official identification

I, the applicant, enclose a photocopy of a form of official identification that contains a photograph of myself.

9

Form of official identification of applicant

The form of official identification is (circle one):

passport / driver licence / other

The passport or driver licence number is:

If “other”, state what it is:

10

Authentication of photocopy of form of official identification

The photocopy of the form of official identification has been authenticated by [full name].

This panel is to be filled in by the person authenticating the photocopy of the form of official identification.
Authentication of photocopy of form of official identification I, [full name] of [home address], certify that the enclosed photocopy of a form of official identification is a true copy of the original (which I have seen) and that I have, in my own handwriting, signed and dated a certificate to that effect on that photocopy.
I am a (circle one):
barrister or solicitor of the High Court		minister of religion
Registrar or Deputy Registrar of a District Court		constable
kaumatua		Justice of the Peace
registered medical professional
. Signature of the person authenticating photocopy		. Date
Home phone number: Work phone number:

11

Statement that information true and correct

The information given in this application is true and correct.

Signature of applicant

Date

Schedule 1 form 1: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form 2 Operator certificate

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(Front)

Operator certificate
[insert photograph of operator]		Expires [dd/mm/yyyy] Issued by the Registrar of the District Court at Auckland [insert first name of operator] [insert second name of operator] [insert family name of operator]
Certificate No [insert number]		Date of birth [dd/mm/yyyy]

(Back)

This certificate is issued under section 35 of the Prostitution Reform Act 2003. Such a certificate must be held by every operator of a business of prostitution (other than a company).

This certificate must be produced for inspection when requested by a constable.

This certificate, if cancelled, must be returned to a District Court within 1 month of its cancellation.

Application for renewal may be made within 2 months before the expiry of the certificate.

Schedule 1 form 2: amended, on 1 October 2008, pursuant to section 116(a)(iii) of the Policing Act 2008 (2008 No 72).

Schedule 2 Fees

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$
1	On an application, under section 35 of the Act, for the issue of an operator certificate	345
2	On an application, under section 38(4) of the Act, for the issue of a replacement certificate	41

Schedule 2 item 1: amended, on 1 July 2026, by regulation 4(1) of the Prostitution (Operator Certificate) Amendment Regulations 2026 (SL 2026/108).

Schedule 2 item 2: amended, on 1 July 2026, by regulation 4(2) of the Prostitution (Operator Certificate) Amendment Regulations 2026 (SL 2026/108).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 4 December 2003.

Notes

1 General

This is a consolidation of the Prostitution (Operator Certificate) Regulations 2003 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Prostitution (Operator Certificate) Amendment Regulations 2026 (SL 2026/108)

Regulatory Systems (Transport) Amendment Act 2026 (2026 No 21): section 231

Policing Act 2008 (2008 No 72): section 116(a)(ii)

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