The need for this Bill
In the First reading debate on this Bill, Hon George Hawkins stated: “When Manukau City Council developed its first bill [i.e. the Manukau City Council (Control of Street Prostitution Bill 2005] it thought some real progress would be made, and, to be sure, the first reading attracted about 100 votes in this House. Then it went off to the select committee. It came back from the select committee, and the committee was divided on the matter, but in the end it decided not to proceed with the bill, so the council had the added problem of trying to find a way around the issue. It has used all the options we would expect a council to use. It has used better street lighting, closed-circuit television, Māori wardens and ambassadors, and of course the police have been directed to look at the problem. But prostitution is just one of many social problems that are impacting on South Auckland. … we have a lot of people who are very upset that there is a mix of alcohol abuse and street prostitution going on at the same time. Last time, I said it was a plea from Manukau City Council for help. This bill is also a plea for help from Manukau City Council [1] .
Main Provisions
Interpretation provisions
The definitions in the Bill are generally the same as in the Prostitution Reform Act 2003 (Clause 4).
Meaning of “Council”
The Bill defines this term to recognise that the territorial authority concerned is the Auckland Council (from 01 November 2010) (Clause 4(1), definition of “Council”).
Power to make bylaws designating specified places
The Bill provides that the Council may make bylaws designating any public place as a specified place for the purposes of this Bill. That purpose is that in those specified areas “the business of prostitution or commercial sexual services may not occur otherwise than in a brothel or small owner-operated brothel”. Before such a bylaw can be made the Council must be satisfied that it is “reasonably necessary” in order to prevent activities or behaviour in a public place that:
* are likely to cause a nuisance or serious offence to ordinary members of the public using the area; or
* are incompatible with the existing character or use of that area.
The Bill also provides that such a bylaw must not be made if the effect of the bylaw, either by itself or in conjunction with other such bylaws, would be that all the public places in the district are specified places (Clause 5; Clause 3 (the “purpose clause”)).
Signposting
The Bill requires the Council to signpost specified places where it is reasonably practicable to do so but no prosecution or arrest or seizure under the bill may be challenged on the ground that a notice was not affixed (Clause 6).
Publication and availability of bylaw
The Bill provides that a bylaw made under this Bill must be publicly notified and copies made available as for any bylaw made under the Local Government Act 2002 (Clause 7, applying Section 157 of the Local Government Act 2002).
Review of bylaw
The Bill requires the Council to review a bylaw made under the Act within five years and to undertake a review of the bylaw ten years after that initial review. The procedure for, and the nature of, such a review of any bylaw made under the Bill is set out. A bylaw made under the Act, if not reviewed, is revoked two years after the last date that it should have been reviewed under the Bill (Clauses 8-11).
Offence
The Bill provides that, except within the confines of a brothel or small owner-operated brothel, no person may conduct the business of prostitution or supply or receive any commercial sexual services at any time in any specified place in the “district”. The term district is defined as “the district of the Manukau City Council as at the date of commencement of this [Bill]”. Contravention of this provision is an offence carrying a fine of up to $2,000 (Clause 12; Clause 4(1), definition of “district”)).
Police powers
The Bill gives a constable the power to arrest without warrant a person who he or she has good cause to suspect has committed the above offence. A constable may stop a vehicle in order to make an arrest. The constable must be readily identifiable as a constable either by uniform or by the nature of the vehicle used to stop the car, and must provide identification and information to establish the reason the vehicle has been stopped. The constable is authorised to search the vehicle, require any person in the vehicle to give their name and address, and to require the vehicle to remain stopped while exercising the powers in the Act. Failure to stop or comply carries a maximum fine of $1,000 (Clauses 13 and 14).