Massage Law ‘too Harsh’ (Press, 21 March 1979)

Massage parlour owners and workers in New Zealand have expressed their dissatisfaction with new stringent regulations set to take effect on 1 April 1979. The regulations were established under the Massage Parlours Act, 1978, and require that all massage parlours be licensed. One owner complained that it would be nearly impossible for proprietors, regardless of whether they employed managers, to supervise their staff adequately and ensure compliance with the law. She argued that the measures appear to be a tactic aimed at eliminating massage parlours, predicting that many businesses will close due to the new regulations. A masseuse echoed these sentiments, declaring that the law is overly punitive. She highlighted the issue of disqualification based on past minor convictions, such as cannabis use, describing it as discriminatory. She questioned the fairness of losing one's job for being caught with cannabis, asserting that massage parlours serve a societal purpose by keeping certain individuals away from public parks and children. In Christchurch, there are approximately 16 to 25 massage parlours, contributing to a total of about 100 across New Zealand. Under the new regulations, individuals with any convictions for brothelkeeping, drug misuse, or prostitution in the last decade cannot obtain a licence to operate a massage parlour. Non-compliance with the licensing requirements could result in significant penalties for the proprietors, including fines up to $10,000 or three months' imprisonment. The cost of securing a massage parlour licence is $100, which includes a $20 application fee and an $80 licence fee, with additional costs for more than one premises. Moreover, the regulations stipulate that no person under the age of 18 can be employed as a massage worker and that workers with relevant convictions in the past decade are also ineligible for employment. Violating these rules can result in fines for both employees and employers. The regulatory process also necessitates that applications be submitted to the local police, who may object and trigger a court hearing. Complaints against licence holders can be lodged by anyone, with provisions for the court to dismiss cases deemed frivolous. If a complaint is upheld, the court has the authority to cancel or suspend licences, impose fines, or mandate the dismissal of workers or managers involved. There is an option for appeals to the Supreme Court regarding these decisions. The new regulatory environment has raised concerns among those in the industry about job security and the future viability of massage parlours in New Zealand.

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