A complaint has been lodged against two Auckland sex workers for allegedly breaching visa and Covid restriction rules by working through the alert level 3 lockdown period.
Both sex workers are believed to be foreign nationals working in central Auckland.
The Herald was told that one is on a student visa and the other on a visitor visa, and she obtained an extension to remain in NZ because of the Covid-19 outbreak.
However, Immigration NZ acting general manager verification and compliance Geoff Scott is refusing to confirm whether it was investigating the complaint "to protect the integrity of our compliance activity and ensure the privacy of any individuals or companies is maintained during any potential investigative process".
The two female sex workers are believed to be from Brazil. One operates out of an address on Federal St and another from Parnell.
Both have been approached for comment, but did not return the Herald's calls.
Scott said there are three immigration-related restrictions to commercial sex work and operations as set out on Section 19 of the Prostitution Reform Act 2003.
Visas cannot be granted on the basis of the provision of sexual services, or on the basis of investment in or operation of a prostitution business.
It is a condition of every temporary entry class visa that the holder may not provide commercial sexual services, or operate or invest in a New Zealand prostitution business, while in New Zealand.
Also resident visa holders may not operate or invest in a New Zealand prostitution business but may themselves provide commercial sexual services.
"If a person is believed on reasonable grounds to have undertaken such prohibited actions as above, then they are liable for deportation," Scott said.
"INZ continually undertakes compliance work to identify and refuse entry to foreign sex workers seeking to enter New Zealand and address any complaints concerning the breaches of minimum employment standards, or the maltreatment or exploitation of foreign sex workers."
Scott said temporary migrants who breach visa conditions by working in the NZ sex industry were vulnerable to exploitation by unscrupulous employers and clients.
"They are less likely to be aware of their rights and entitlements than their New Zealand colleagues and are unlikely to come forward and complain," Scott said.
At level 3, many sex workers are providing online-only services such as selling content on paid websites - but some continue to advertise for in-person meetings.
According to the New Zealand Prostitutes Collective's website, there should be no in-person sex work at alert level 3.
At level 2, which is the current alert level for elsewhere in New Zealand outside Auckland, clients and sex workers are advised to wear masks.
Auckland is currently at alert level 3, but will move to alert level 2 at midnight.
A Waikato-sex worker, who travels regularly to Auckland for work, said she was also being pestered by customers in Auckland to take appointments during lockdown.
She has told one client it was illegal and took her complaint to the police.
Over the last lockdown period in May, police issued warnings to sex workers soliciting for customers on the streets.