Prostitution Bylaw Review 2020

1. Read through the Statement of Proposal and the options that have been provided for consideration:
   • Option A: Retain the Existing RLC Prostitution Bylaw 2009 with no changes
   • Option B: RLC’s recommended option: Adopting an RLC Prostitution Bylaw
   • Option C: Option B with changes
   • Option D: Allow the current Bylaw to lapse, or revoke the current Bylaw
   • Option E: Revoke the 2009 Bylaw or allow it to lapse AND insert required provisions into the District Plan
2. Have your say by using our submission form online or submit a hard copy to Rotorua Lakes Council Customer Centre, 1061 Haupapa Street, Rotorua 3010

Retain the Existing RLC Prostitution Bylaw 2009 with no changes meaning:

• Prohibiting the establishment or operation of a brothel anywhere in the district outside the permitted area (as defined in the attached map)
• Brothels not being located within 100m of a sensitive site (e.g. school or church), within 100m of another brothel, at ground level
• Requiring a consent and application fee for the establishment of a brothel
• Regulation over the content and establishment of signage relating to these brothels and commercial sex services
• Prohibiting soliciting or touting for commercial sexual premises or services in any public place
• Including a fine not exceeding $20,000 for breaching the Bylaw

View Option A draft bylaw here

RLC’s recommended option: Adopting an RLC Prostitution Bylaw including:

• Adding the definition of ‘sensitive site(s)’ to ensure consistency across RLC regulatory mechanisms related to sensitive sites
• Adding ‘small owner-operated brothel’ (SOOB) to the definitions
• Altering the definition of ‘distance’ to ensure consistency in definitions across RLC policies
• Prohibiting the establishment or operation of a brothel anywhere in the district outside the permitted area (as defined in the attached map)
• Adding a clause that allows SOOBs to be located outside of the permitted area for brothels. This clarifies the intention that SOOBs should be treated like any other home-based business
• Prohibiting brothels (including SOOBS) from being located within 100m of a sensitive site (e.g. education facilities, marae or churches) and within 100m of another brothel.
• Prohibiting brothels from being at ground level within the permitted area ensuring that sexually challenging displays or activities do not occur in glazed shop fronts at the ground floor level. It also ensures shop fronts are active within the CBD within usual business hours
• Replacing the need for a ‘consent’ to the need for a ‘permit’ for the establishment of a brothel within the permitted area
• Removing the requirement for a (permit) application fee
• Regulation over the content and establishment of signage relating to these brothels and commercial sex services.
• Adding of the following words in bold to section 3.5 (b) to reflect advances in technology - offensive or sexually explicit images (including video) or pictures on signage
• Including that District Plan rules must also be met before signage will be approved by RLC
• Removing Section 4 titled ‘Soliciting and Touting’ and adding the following clause (3.9) to Section 3 -“No person may distribute written material advertising Commercial Sex Premises or Commercial Sexual Services, or verbally advertise a Commercial Sex Premises, in a Public Place within the Rotorua District”
• Adding a section entitled ‘Nuisance’ that allows the regulation of noise, disturbance and challenges to amenity and good order
• Including fine not exceeding $20,000 for breaching the Bylaw

View Option B draft bylaw here

Option B with the following changes:

• Removing clause 3.9 prohibiting the written and verbal advertising of commercial sexual services or commercial sex premises in a public place within the Rotorua district
• Requiring a permit for both brothels and SOOBs
• Permitting brothels within the permitted area to locate on the ground floor
• Removing the section on Nuisance

View Option C draft bylaw here

Allow the current Bylaw to lapse, or revoke the current Bylaw meaning:

• There would be no restriction to the location of any brothels anywhere is the Rotorua district including:
  • Position in relation to sensitive sites (schools, other educational establishments, churches, or other buildings habitually used for religious purposes)
  • Proximity to other brothels or commercial sex premises
  • Location of brothels on ground floor premises
• Controls on signage would be more generic through the District Plan Signage Rules and the Advertising Standards Authority code of Practice

Revoke the 2009 Bylaw or allow it to lapse AND insert required provisions into the District Plan, meaning:

This option is not recommended because:

• Of considerable resource engagement to include provisions in the District Plan that can more readily be addressed through a Bylaw
• Current provisions specifically related to prostitution within the recommended (option B) Prostitution Bylaw 2020 may not be suitable for the District Plan
• There is a timeliness issue as to how quickly relevant provisions could be included in the District Plan. The District Plan change process involves extensive public consultation, hearings and provides the potential for appeals