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The Council also recommended that the new bylaw considers providing an exemption from the location provisions for known, existing brothels that are not small owner-operated brothels. The bylaw could require all brothels, other than small owner-operator brothels, to be located within specific areas based on particular zones in the City Plan, the proposed Banks Peninsula District Plan and the Draft Central City Plan. With the exception of areas marked as buildings, and areas adjacent to important public spaces on Planning Map 39F of the City Plan.
Many of the known brothels were located in the Central City. Most of the business premises of these brothels are inaccessible or badly damaged as a result of the earthquakes. These businesses may wish to temporarily or permanently relocate to other parts of the city. Mayor Bob Parker says the Council has revisited the issue and is now confident that developing a bylaw to regulate the location of brothels to specific zones, will provide more controls on where brothels can operate.
Formal consultation with the community will be required and is expected to begin later in the year. The Council decided to seek further advice about bylaw provisions to regulate signage advertising commercial sexual services.
When the Council meets to discuss the bylaw later in the year, it is likely that proposed signage provisions will be included. Background information: Under Section 14 of the Prostitution Reform Act a territorial authority can make a bylaw for the purpose of regulating the location of brothels.
Under the Proposed Banks Peninsula District Plan, brothels are treated as a permitted activity within the Town Centre Zones and are a discretionary activity in the Industrial Zones, subject to standard conditions relating to building size, height, parking and access provisions. When considering a Resource Consent application under the Resource Management Act , 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.