Brothel bylaw proposed by the Council

Developing a bylaw to regulate the location of brothels would provide more controls on where brothels can set up business and help address signage that may cause a nuisance or serious offence to members of the public; or is incompatible with the existing character or use of the area in which the land is situated.

Mayor Bob Parker says while the Council has not seen the need for such a bylaw in the past it is now time to take another look given the damage and accessibility issues Central City brothels were now facing, and the likelihood some would want to relocate to other areas of the city.

"This decision will assure the community that the Council is committed to looking at ways to help regulate these activities, and will send a clear signal as to what is acceptable, and where," he says.

The Council has asked staff to gather more detailed options and advice for a bylaw and report back to the Council in February 2012.
Formal consultation with the community will be required and is expected to begin in the New Year.

Background information:
Under Section 14 of the Prostitution Reform Act 2003 a territorial authority can make a bylaw for the purpose of regulating the location of brothels.

Brothels, like any other business, are subject to rules in the City Plan. Those rules vary, depending upon the zone:

In living zones, a brothel would generally require a resource consent unless it is a small-scale home-based business with limited hours of operation.
In business zones, the brothel would need to meet standard requirements relating to the bulk and location of the building on the site, car parking and traffic generation.

When considering a Resource Consent application under the Resource Management Act 1991, the Council considers whether the business of prostitution:

a) - is likely to cause a nuisance or serious offence to ordinary members of the public using the area in which the land is situated; or

b) - is incompatible with the existing character or use of the area in which the land is situated.

Under Section 12 of the Prostitution Reform Act 2003 a territorial authority can make a bylaw for the purpose of regulating signage advertising commercial sexual service. A bylaw can only be made:

(2)...if the territorial authority is satisfied that the bylaw is necessary to prevent the public display of signage that:

a) - is likely to cause a nuisance or serious offence to ordinary members of the public using the area in which the land is situated; or

b) - is incompatible with the existing character or use of the area in which the land is situated.

The Christchurch City Brothels (Location and Signage) Bylaw 2004 was adopted by the Council on 7 July 2004. However, the location provision was quashed by the High Court in 2005 leaving only the signage provision.

On 10 December 2009 the Council considered a report on the Christchurch City Brothels (Location and Signage) Bylaw 2004, which was due to expire on 6 July 2011. The Local Government Act requires that the 2004 Bylaw be reviewed five years after it came into force.

At that time the Council requested that Council staff develop a proposal for a revised bylaw to address matters of advertising commercial sexual services.

Council staff prepared a report to the Regulatory and Planning Committee with a new proposed bylaw relating to signage that would have allowed a new bylaw to be in place before the expiry of the 2004 Bylaw. However, the 22 February earthquake meant this report did not go to Council.

The need for a new bylaw must now be reconsidered as the Council resolution was more than 18 months ago and during the term of the previous Council. The Christchurch City Brothels (Location and Signage) Bylaw 2004 has now lapsed. In the meantime, any complaints about offensive signage are addressed under the enforcement provisions of the Resource Management Act 1991.