Hamilton City Prostitution Bylaw

Closed 18 Apr 2019

Opened 18 Mar 2019

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

Prostitution Bylaw Hearings cancelled.

The Hearings on Hamilton City Council’s Prostitution Bylaw review, scheduled for 4 June 2019, have been cancelled after an omission was identified in the Council’s resolution to consult on the bylaw at its 14 March 2019 meeting.

The Council’s internal review processes identified the omission, which relates to a resolution that the Council has determined the Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990. Consultation documentation, and the resolution to go to public consultation, is also required to include the reference and seek community views.

To ensure best practice the updated information will be available for the Council to consider at its meeting of 27 June, 2019. As this resolution would mean a change to the consultation documents, the Council will also consider a proposal to start a new consultation in July with the updated information.

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Hamilton City Council (the Council) is seeking feedback following the review of the Hamilton City Prostitution Bylaw 2009.

Why are we doing this?

The Bylaw was last reviewed in 2009 as per the Local Government Act 2002 (the LGA) requirements. The Council is required to review the current Bylaw every 10 years by law. This provides an opportunity for the Council to check in with our community on how the Bylaw is working and consider feedback.

On 14 February 2019, the Council determined that the current Hamilton City Council Prostitution Bylaw is the most appropriate means of controlling the issue of prostitution services in Hamilton City.

Why We Are Consulting

OPTIONS

In compliance with the LGA, the Council provides two options. The Council wants to consult on its intention to continue the current Bylaw unamended. If you do not think the Bylaw should be continued unamended, then the Council would like to know why. Tell us your views either way in the feedback form attached.

Retain the current bylaw (the Council’s preferred option)

This means the Council keeps the current Bylaw without making any changes. This means:

  • A brothel must be in the shaded area in the Bylaw map AND at least 100m away from a school, early childhood centre, marae and/or places of worship.
  • A premises providing accommodation (e.g. a hotel or motel) is not considered a brothel if prostitution occurs there under an arrangement initiated elsewhere.
  • No person can offer, without an invitation, sex for a payment/reward on a street, road, footpath, road reserve public place in Hamilton.
  • Only one sign for a brothel is allowed and it must:
    • be smaller than 2m2
    • not have flashing or neon lights
    • not contain explicit or offensive words
    • not contain any images, shapes or models considered sexually explicit/offensive.
  • Anyone who breaches the rules in the Bylaw could be fined up to $20,000 if convicted.

Amend the existing Bylaw

This will mean the Council amends the current Bylaw after it considers feedback through the consultation process.

Scroll down the page to the heading Related to view the current Bylaw.

 

Please note:
Please be aware when providing a submission/giving feedback/responding to a survey that all responses are part of the consultation process. This means that your name but not contact details may be reproduced and included in the Council's public documents such as the Council agendas and minutes. These documents are available on the Council's website at hamilton.govt.nz

What Happens Next

Submissions and consultation information regarding the Council’s proposed Prostitution Bylaw have been, pending a decision of the Council in June 2019. The original resolution to consult (in March 2019)and subsequent consultation document, had an omission of wording.

The Council’s internal review processes identified the omission, which relates to a resolution that the Council has determined the Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990. Consultation documentation, and the resolution to go to public consultation, is also required to include the reference and seek community views.

To ensure best practice the updated information will be available for the Council to consider at its meeting of 27 June, 2019. As this resolution would mean a change to the consultation documents, the Council will also consider a proposal to start a new consultation in July with the updated information.

If a new consultation period is announced, existing submitters will be contacted to see if they wish to make a new submission or retain their existing one.