Background

The Rotorua Lakes Council Prostitution Bylaw was reviewed in 2018, and public consultation was carried out between 23 November 2018 and 25 January 2019. Council did not propose any changes to the 2009 Bylaw.

Feedback from this consultation identified different options from those initially considered, and these options required further consultation.

This consultation provided an opportunity for Rotorua Lakes Council to check with our communities regarding whether they think a Prostitution Bylaw is necessary, and if so, hear their feedback on which aspects should be included in a Bylaw 2020.

During the 2020 consultation, we received 30 submissions. 50% supported Option A (retaining the existing bylaw with no changes).

At the 26 November 2020 Council meeting deliberations on the feedback, it was agreed that the possible negative effects of prostitution are adequately able to be managed via the District Plan provisions and other regulatory mechanisms. Following this, the Strategy, Policy and Finance Committee resolved to revoke the Bylaw.

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 controlled 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 prohibited the establishment or operation of a brothel anywhere in the district outside the Rotorua CBD (as defined in a map). Further, consent would 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 did not propose any amendments to the Bylaw during the 2018 consultation. We received three submissions, with a hearing taking place on 14 February 2019.

During this consultation, other options were identified that required further consultation.