Bylaws

Brothel means any premises kept or habitually used for the purposes of prostitution, but does not include premises at which accommodation is normally provided on a commercial basis if the prostitution occurs under an arrangement initiated elsewhere. 

For the avoidance of doubt, a brothel which is operated as a home-occupation as defined in the Auckland City District Plan (Central Area, Isthmus and Hauraki Gulf Islands Sections) is a brothel for the purposes of this Bylaw and a brothel which is operated as a small owner-operator brothel as defined in the Prostitution Reform Act 2003 is also a brothel for the purposes of this Bylaw.

Business Zone Activity means any land with a business activity zoning in the Auckland City District Plan 1999 (Isthmus Section) – Operative 1999 or Auckland City District Plan (Central Area) – Proposed 1997.

Central Area means that area of Auckland City defined as the Central Area in the Auckland City Proposed District Plan (Central Area) - Proposed 1997.

Commercial Sex Premises means premises, or part of premises, principally or primarily used, or intended to be used as retail premises or an entertainment facility in or on which goods or services concerned with or for use or intended use in connection with sexual behaviour are exposed, exhibited, displayed, offered for sale or hire, sold, hired, or otherwise made accessible or available to the public; and

• includes strip clubs, rap parlours, peep-shows, lap dancing clubs; escort agencies, adult bookshops, adult video shops, sex shops, or other activities of the same or similar character, but
• does not include hospitals, healthcare services, chemists, community welfare facilities; therapeutic massage services or any business or activity that falls within the definition of brothel in this Bylaw

Community Facilities means places available to the public for the purpose of community activities, and includes but is not limited, to public playgrounds; recreational halls; community centres; community halls and public swimming pools.

Educational Facilities has the same meaning as in the Auckland City District Plan (Hauraki Islands Section) and means land and or buildings used to provide regular instruction or training in accordance with a systematic curriculum by suitably qualified instructors and includes schools, technical institutions, teachers colleges, universities, outdoor education centres and sports training establishments.

Hauraki Gulf Islands means those islands which form part of the Hauraki Gulf Islands Ward of Auckland City and are defined as being part of the "Hauraki Gulf Islands" in the Auckland City District Plan (Hauraki Islands Section) – Operative 1996.

Isthmus means that area of Auckland City defined as the Isthmus in the Auckland City District Plan (Isthmus Section) – Operative 1999.

Land Unit 11 means the land unit – Traditional Residential as defined in Part 6A – Land Units of the Auckland City District Plan (Hauraki Gulf Islands Section) – Operative 1996.

Land Unit 12 means the land unit - Bush Residential as defined in Part 6A – Land Units of the Auckland District City Plan (Hauraki Gulf Islands Section) Operative 1996.

Land Unit 13 means the land unit – Retailing as defined in Part 6A – Land Units of the Auckland City District Plan (Hauraki Gulf Islands Section) Operative 1996.

Major Public Transport Interchange means an airport; a railway station; a ferry terminal, or the Otahuhu Bus Interchange.

Pre-school means educational and childcare facility dedicated to children under the age of 5 years.

Residential Zone means any land with a residential activity zoning in the Auckland City District Plan (Isthmus Section) – Operative 1999.

Sign means as in Part 27 of the Bylaw, a visual message or notice conveyed to the public and visible from a public place displayed to advertise, identify a product, business, or service, inform or warn the public, together with any frame, supporting device and any associated ancillary equipment whose principle function is to support the message or notice. It includes but is not limited to any mural, message, notice painted on, affixed to or otherwise incorporated with a building, structure, or site; and any banner, flag, poster, billboard, windsock, blimp or projection of light to create an advertising image. A bunting that has symbols or messages on it shall also be considered a sign for the purposes of this part of this Bylaw. Any display or exhibit involving a human or mannequin model is also considered a sign for the purposes of this part of the Bylaw.

Special Purpose 2 Zone means the zone as defined in Part 10 – Special Purpose Activity of the Auckland City District Plan (Isthmus Section) – Operative 1999 which applies to primary, intermediate, secondary and tertiary educational and other specialised research facilities.

Sandwich board advertisement means any freestanding sign or structure with a notice affixed to it.

1. Within a Residential Zone; or
2. At ground level on any site that is subject to the provisions of Rule 8.8.1.3 Frontages A and B in the Auckland City District Plan (Isthmus Section) – Operative 1999.

1. Within the following Precincts as defined in the Auckland City District Plan (Central Area) – Proposed 1997:

   1. Residential Precinct

   2. Tertiary Education Precinct

   3. Viaduct Harbour Precinct

   4. Britomart Precinct

   5. Western Reclamation Precinct

   6. Public Open Space Precinct

   7. Port Precinct

   8. Transport Corridor Precinct

   9. Aotea Precinct; or

2. At ground level on any site that is subject to a frontage activity control under the Auckland City District Plan (Central Area) – Proposed 1997 and is shown on Figure 3 and Figure 4.

1. Within a site zoned as Land Unit 11- Traditional Residential, Land Unit 12 Bush Residential or Land Unit 13 Retailing; or

2. Land Units 20, 21, 22 and Rural Land Units 1 – 10; or

3. Within the following Policy areas 1 Tryphena, 2 Medlands, 3 Claris and 4 Port Fitzroy; or

4.  Within 250 metres of any site defined as or used for the purposes of:

   1. an educational facility; or

   2. a major public interchange; or

   3. Land Unit 11 – Traditional Residential; or

   4. Land Unit 12 – Bush Residential or

   5. Land Unit 13 – Retailing

   6. Policy areas 1 Tryphena, 2 Medlands, 3 Claris and 4 Port Fitzroy.

No person may place on or in any building or structure, or allow to remain in place, a sign that advertises a brothel and which:

1. displays any information other than the name of the person who conducts the brothel business or the registered name of the business; or

2. displays words or images or models (human or mannequin) which in the opinion of the Council, are sexually explicit, lewd or otherwise offensive; or

3. exceeds 1 metre by 0.3 metres in size (or other dimensions, but of equivalent surface area); or

4. is illuminated by flashing lights or contains neon lighting; or

5. is visible from a Residential Zone.

No person may place on or in any building or structure, or allow to remain in place, a sign that advertises a commercial sex premise and which:

1. displays words or images or models (human or mannequin) which in the opinion of the Council, are sexually explicit, lewd or otherwise offensive; or

2. is visible from a Residential Zone Zone as defined in the Auckland City District Plan.

30.6.1

No person shall operate any brothel unless licensed by the Council and the licence is still in force.

30.6.2

A licence shall not be issued unless the premises concerned comply with all the requirements of this Bylaw and with all other statutory provisions governing its occupancy. 

30.6.3

Application for a licence shall be made by the owner or manager of the premises on the form provided. 

30.6.4

On receipt of any application and payment of the prescribed fee and on being satisfied that the provisions of this Bylaw or any other relevant Act, Regulation or Bylaw have been complied with, an authorised officer shall issue to the applicant a licence to use the premises. Every licence shall be personal to the licensee.

30.6.5

Prior to the issue, renewal or transfer of a licence the premises shall be inspected by an authorised officer, and no licence will subsequently be issued, renewed or transferred unless the authorised officer is satisfied that the premises comply with the requirements of all relevant Council Bylaws, the Health Act 1956, the Building Act 1991 and the Building Regulations 1992.

30.6.7

Every licence shall expire on the 31 July in every year or on such other date as the Council for administrative purposes may from time to time decide but may be renewed in accordance with the provisions of this Bylaw. No licence shall be for a term of more than one year. 

30.6.8

The above provisions also apply to every application for the renewal of a licence.

30.7.1

No person shall operate or allow any premises to be operated as a brothel except in accordance with all of the following provisions of this Bylaw:

1. The premises shall be well constructed in accordance with the provisions of the Bylaws of the Council and the provisions of the Building Act 1991 as are applicable in the circumstances; and

2. The premises shall be maintained in a state of good repair and in a clean and tidy condition; and
3. All floors, walls, ceilings and other surfaces in and around areas liable to get wet, including any room containing a shower, toilet, bidet or urinal shall be smooth, impervious and capable of being easily cleaned; and

4. Every operator must take reasonable steps to give health information to sex workers and the public; and

5. Every operator must display health information regarding acquiring and transmitting sexually transmissible infection; and

6. Every owner or operator of a brothel must ensure prophylactic sheaths or other appropriate barriers are available at all times for use by sex workers and customers; and

7. All towels, sheets, covers and other laundry items shall be in good repair and laundered after each use so as to maintain them in a clean and hygienic condition.

Any brothel that was operating on the day this Bylaw came into force and which:

1. holds any resource consent that may be required for the site on which that brothel is located under an operative or proposed District Plan, or a certificate of compliance, or has existing use rights under the Resource Management Act 1991; and

2. holds a current certificate issued under section 35 of the Prostitution Reform Act 2003,

is exempt from compliance with the location controls in clause 30.3 until 30^th June 2004

Any commercial sex premise that was operating on the day this Bylaw came into force and which holds any resource consent that may be required for the site on which that commercial sex premise is located under an operative or proposed District Plan, or a certificate of compliance, or has existing use rights under the Resource Management Act 1991 is exempt from compliance with the location controls in clause 30.3 until 1 January 2005.

For the avoidance of doubt, the controls in clause 30.5 Signs, apply to all commercial sex premises from the date on which this Bylaw came into force.