Hamilton City Prostitution Bylaw - July 2019

Overview

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 requirements. The Council is required to review the existing 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.

Council consulted on the Bylaw between 18 March and 18 April 2019.  An internal review identified a process risk so this second consultation seeks to complete the consultation process.

The Council has determined that:

• the current Hamilton City Council Prostitution Bylaw is the most appropriate means of controlling the issue of prostitution services in Hamilton City; and
• the Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 because the limits it places on the rights and freedoms contained within that Act can be demonstratively justified in a free and democratic society.

The Council proposes to continue the current Bylaw unamended.

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 below.

Retain the existing Bylaw (preferred)

The Council believes it is appropriate to keep the current Bylaw without making any changes because the Bylaw has operated well over the last 10 years and is considered fit for purpose. 

Retaining the current Bylaw 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.

A copy of the existing Bylaw is attached to this proposal, scroll down the page to the heading Related to view.

Amend the existing Bylaw

This will mean the Council amends the current Bylaw after it considers feedback through the consultation process.  This could include changing or removing one or more of the elements of the bylaw.

Tell us your thoughts on the Bylaw

Before making any final decisions, we’d like to have your input.

You can give us feedback from 1 July to 1 August 2019.

If you submitted during the first consultation period, your submission will be included automatically.  You can add to or change your submission by resubmitting it using the link below.

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 www.hamilton.govt.nz

Next steps

Staff will collect and analyse all feedback at the close of the submission period.

The analysis of this feedback will be presented to the August 2019 meeting of the Regulatory and Hearings Committee. At this meeting, submitters who want to speak to their written submission will be able to do so.

The Council will then consider all the views and make a decision on the Bylaw in September 2019.