The North shore council is asking for submissions on the new plan.
I sent in a submission:-
Prostitution is no longer an illegal activity in New Zealand.
under
NEW ZEALAND’S) PROSTITUTION REFORM ACT 2003
Your bylaw does not differentiate between a small owner-operated brothel(usually know as a SOOB) and commercial sexual premises brothel (usually known as a Brothel)
Therefor it is wrong in law to preclude them from operating in a residential zone as you have done in your district plan. These SOOBs are no different from any small business run from home such as:- massage therapist, physiotherapist or hypnotherapist and are allowed to operate from a residential property in accordance with the current and future plan.
I think you need to mention that a SOOB is allowed by the current and future bylaws otherwise ratepayers might think that they are illegal.
It is the duty of the council to inform their ratepayers of the correct position and not to misinform or enact bylaws that are not legal.
A SOOB is defined by the New Zealand law as a Brothel and the Council has not allowed for this in the Bylaw which defines them only as brothels.
SOOB
“small owner-operated brothel’’ means a brothel-
(a)at which not more than 4 sex workers work and
(b)where each of those sex workers retains control over his or her individual earnings from prostitution carried out at the brothel
Only a brothel bussiness that is not a SOOB is required to opbtain a licence and an operaters certificate.
The Council plan mentions the distance of a brothel from a school etc but by definition a school is usually in a residential zone so that must mean that a brothel as defined by the plan can operate in a residential zone but just not near a school.
If you want to make a submission you can go here…
Justice Paul Heath found the bylaw was invalid partly because it prohibited sex workers from plying their lawful trade from small owner-operated brothels, most of which would be likely to operate from residential properties.