Upper Hutt City Council has overturned a controversial bylaw which placed heavily restrictive controls over the location of brothels.
Since 2003, sex work has been a legal occupation in New Zealand, under the Prostitution Reform Act. Photo: RNZ / Rebekah Parsons-King
The bylaw was found to possibly be in breach of the Bill of Rights, and also neglecting its responsibility to protect sex workers.
Since 2003, sex work has been a legal occupation in New Zealand, under the Prostitution Reform Act (PRA), and subject to the same laws that regulate other businesses and workers.
However, the bylaw banned brothels from operating in many places.
As a result of the bylaw's revocation, the council will use the District Plan to manage the establishment and operations of brothels.
New Zealand Sex Worker Collective national coordinator Dame Catherine Healy said they were "really pleased" with the outcome.
"It's treating sex work as part of the community, instead of trying to ostracise and eliminating [sex work], which is what the bylaw was really about - it was making it so difficult for people to operate legally," Healy said.
What was the bylaw?
Councils have two ways in which to manage brothels - either through the District Plan, or through a bylaw.
Up until today, Upper Hutt City Council was just one of 13 local authorities which used a bylaw. It was passed just after the PRA was passed in 2003.
It heavily restricted where a brothel was and was not allowed to be.
It banned brothels from anywhere within the CBD, within 200 metres of a residential zone, and within 200 metres of a "sensitive site", such as a school, place of worship, or rest home.
Even if a sex worker is working from home, or at a small owner-operated brothel (SOOB), that would still be in breach of the bylaw if that home or SOOB was either within the CBD or a residential zone, or within 200 metres of a sensitive site.
Healy said the restrictions made it impossible to be a sex worker without breaching the bylaw.
'An unreasonable and restrictive restraint'
Meanwhile, the council found that the existing bylaw was vulnerable to a legal challenge.
A report noted, "It may be perceived that the bylaw ... is ultra vires, is an unreasonable and restrictive restraint on trade, and does not support the purpose of the PRA - which is to create a framework that safeguards the human rights of sex workers, and promotes their welfare and occupational safety".
There are no licensed brothels operating in Upper Hutt, but that did not mean there were not unlicensed brothels operating under the radar.
The bylaw imposed a maximum $20,000 fine for those found to be breaching the bylaw.
The report suggested that if a sex worker at an illegal brothel were to report mistreatment to police, they would be admitting to a breach of the bylaw, and would therefore be susceptible to a $20,000 fine.
That punishment would breach the PRA, which has a key purpose of protecting sex workers.
"There aren't many sex workers in Upper Hutt," Healy said.
"However, all sex workers were working in breach of the bylaw.
"If they were found working in breach of the bylaw they could have been closed down, or forced to pay a fine.
"It made it very difficult for people. If anything had happened, and they needed to speak to authorities, it put a barrier there."
What's going to happen now?
In an extraordinary council meeting held this morning, councillors voted to regulate brothels using the District Plan instead.
It lifted a lot of the restrictions that were previously in place.
In business zones, a brothel must satisfy the zone's requirements to be a permitted activity; and in residential zones, working from home and SOOBs are permitted, while larger brothels are a discretionary activity.
It came into effect from today, but Healy said not much would change.
"I've worked with sex workers in Upper Hutt for well over 30 years, and I haven't seen the growth in the industry, I haven't seen brothels open up there and cause harm.
"I think it will be hard for people to know, in fact, that there are sex workers there."
She said it was an important change, which now meant the council aligned with the "aims of the PRA, which are to protect sex workers, and guard against exploitation".
Her hope now was that the other councils still using restrictive bylaws to control brothels would follow suit.
