Review of Prostitution Bylaw 2018

Thanks for taking the time to provide your feedback, consultation has concluded.

The Prostitution Bylaw 2009 expires in April 2019 and must be reviewed.

The Council is empowered by the Prostitution Reform Act 2003 and the Local Government Act 2002 to make bylaws for the purposes of regulating the location of brothels and to regulate signage advertising commercial sexual services.

The RLC Prostitution Bylaw 2009 controls the location of brothels and other commercial sex premises in the district and the content and establishment of signage relating to these premises. The Bylaw also prohibits soliciting or touting for commercial sexual services in any public place.

In particular, the RLC Prostitution Bylaw 2009 prohibits the establishment or operation of a brothel anywhere in the district outside the Rotorua CBD (as defined in a map). Further, consent will not be granted if the proposed location is within 100m of a sensitive site (e.g. school or church), within 100m of another brothel, at ground level, or it would significantly detract from the existing character of the street.

With regard to signage, a sign may not be placed on any building or structure that advertises the availability of commercial sexual services, unless it is the name of a brothel or other commercial sex premises consented to by the Council.

Council is not proposing any amendments to the Bylaw.

Agenda from the Strategy, Policy & Finance meeting Proposing the Prostitution Bylaw 2019 here

The Prostitution Bylaw 2009 expires in April 2019 and must be reviewed.

The Council is empowered by the Prostitution Reform Act 2003 and the Local Government Act 2002 to make bylaws for the purposes of regulating the location of brothels and to regulate signage advertising commercial sexual services.

The RLC Prostitution Bylaw 2009 controls the location of brothels and other commercial sex premises in the district and the content and establishment of signage relating to these premises. The Bylaw also prohibits soliciting or touting for commercial sexual services in any public place.

In particular, the RLC Prostitution Bylaw 2009 prohibits the establishment or operation of a brothel anywhere in the district outside the Rotorua CBD (as defined in a map). Further, consent will not be granted if the proposed location is within 100m of a sensitive site (e.g. school or church), within 100m of another brothel, at ground level, or it would significantly detract from the existing character of the street.

With regard to signage, a sign may not be placed on any building or structure that advertises the availability of commercial sexual services, unless it is the name of a brothel or other commercial sex premises consented to by the Council.

Council is not proposing any amendments to the Bylaw.

Agenda from the Strategy, Policy & Finance meeting Proposing the Prostitution Bylaw 2019 here

Thanks for taking the time to provide your feedback, consultation has concluded.

  • Consultation Process - How can I have my say?

    The Council must use the special consultative procedure to amend the Bylaw. Section 83(1)(a) of Local Government Act 2002 requires the Council to prepare a Statement of Proposal. Section 86(2) requires the Statement of Proposal to include: a draft of the bylaw and the reasons for the proposal; and a report on the relevant determinations by the Council under section 155 of the LGA 2002.

    Submissions are welcomed on the Bylaw.

    You can submit your opinions online via an electronic submission form on the Council website. You may post or fax submissions to the Council. You also need to indicate whether you wish to appear in person before the Council to speak in support of your submission.

    To get your submission to us, either:

    Visit our website and submit online at: http://letstalk.rotorualakescouncil.nz/

    OR

    Email to: submissions to: letstalk@rotorualc.nz

    OR

    Post to: Rotorua Lakes Council, Private Bag 3029, Rotorua Mail Centre, Rotorua 3046

    The submission period runs from 23 November 2018 until 25 January 2019.

    Submissions must be received by Council no later than 5pm on 25 January 2019.

    Submissions on the Bylaw are available to the public and the media. This includes your personal information. All submissions will be acknowledged. Submitters who wish to speak to their submission will be advised of the Council meeting date following the closure of submissions.

    Any questions please please phone the Council on 07 348 4199 or email us at letstalk@rotorualc.nz

  • Relevant Legislation

    The Council is empowered by the Prostitution Reform Act 2003 and the Local Government Act 2002 to make bylaws for the purposes of regulating the location of brothels and to regulate signage advertising commercial sexual services.

    In making any bylaw, the Council must also follow the general procedure for making bylaws under the Local Government Act 2002 (subject to the Prostitution Reform Act 2003):

    · Officers have concluded that the amended Prostitution Bylaw 2009 better enables the Council to make reasonable provision for commercial sexual services and the establishment of brothels in the district as well as their regulation instead of having no bylaw, relying only on education/information or general legal requirements. As a consequence, officers recommend that the amended Prostitution Bylaw 2009 is the most appropriate option as it provides for greater certainty and is enforceable by the Police.

    · Officers recommend that the amended Prostitution Bylaw 2009 is the most appropriate form of bylaw.

    · The Prostitution Bylaw 2009 is considered to be consistent with the New Zealand Bill of Rights Act 1990. The Bylaw does not place any unjustified limitations on freedom of movement, expression or association. Serious offences against the Bylaw require a judicial process through a summary conviction, which provides alleged offenders with opportunities for defence.

    · In terms of the four general requirements for making a valid bylaw, the Prostitution Reform Act 2003 and the Local Government Act 2002 empowers the Council to make bylaws regulating brothels. The amended Prostitution Bylaw 2009 is not repugnant to the general laws of New Zealand. It will impose reasonable restrictions that afford better outcomes concerning the reasonable provision for commercial sexual services and the establishment of brothels in the district as well as their regulation.

    · In light of decision-making under sections 77, 78, 79, 80, 81 and 82 of the Local Government Act 2002, as noted above, although other options, such as having no bylaw, relying only on education/information or general legal requirements are possible, the benefits of a bylaw as an option outweigh the costs in terms of the present and future interests of the district. A bylaw also better promotes or achieves community outcomes (such as health and safety) as expressed in the Rotorua 2030 Goals in a more integrated and efficient manner than having no bylaw. In terms of the impact of these options on the Council’s capacity to meet present and future needs in relation to any statutory responsibility, Council has the capacity and resources to monitor and enforce the proposed bylaw.

    · The views and preferences of certain stakeholders who are affected by, or have an interest in, the Bylaw have been considered.