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Part 20 Brothels and Commercial Sex Premises

The purpose of this part of the bylaw is to regulate the location of brothels, and to control signage advertising brothels and other commercial sex premises.

This part of the bylaw is made under sections 12 and 14 of the Prostitution Reform Act 2003, section 684 of the Local Government Act 1974 and section 146 of the Local Government Act 2002.

1.0 Application of Bylaw
Unless otherwise stated, this part of the bylaw applies to all brothels and commercial sex premises in the District. For the avoidance of doubt, all other relevant parts of the bylaw apply to brothels and other commercial sex premises as appropriate.

2.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

BROTHEL means any premises kept or habitually used for the purposes of prostitution, but does not include:
a) Premises at which accommodation is normally provided on a commercial basis if the prostitution occurs under an arrangement initiated elsewhere;
b) A premise at which not more than four sex workers are operating at any one time, and where each sex worker retains control over his or her individual earnings from prostitution carried out at the brothel.

BUSINESS ENVIRONMENT AREA means a business environment area as defined in the New Plymouth District Plan.

COMMERCIAL SEX PREMISES
a) Means premises (excluding brothels) at which goods or services related to sexual behaviour are sold, hired or displayed; and
b) Includes strip clubs, strip bars, rap parlours, peep-shows, massage parlours, lap dancing clubs, escort agencies, adult bookshops, adult video shops, sex shops and other activities of the same or similar character; but
c) Does not include hospitals, healthcare services, chemists, community welfare facilities, and premises at which therapeutic massage services are offered.
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COMMUNITY FACILITY means a place available to the public for the purpose of community activities, and includes but is not limited to a public playground, recreation hall, community centre, community hall, public swimming pool, walkway, park, theatre, marae and sportsground.

OPEN SPACE ENVIRONMENT AREA means an open space environment area as defined in the New Plymouth District Plan.

RESIDENTIAL ENVIRONMENT AREA means a residential environment area as defined in the New Plymouth District Plan.

RURAL ENVIRONMENT AREA means a rural environment area as defined in the New Plymouth District Plan.

SIGN means a visual message or notice conveyed to the public, and visible from a public place, that advertises or otherwise informs the public of a business, goods or services. It includes but is not limited to any mural, message, or notice painted on or affixed to or otherwise incorporated with a building, structure, or site; 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; and any display or exhibit involving a human or mannequin model.

SANDWICH BOARD ADVERTISEMENT means any freestanding sign or structure with a notice affixed to it.

3.0 Location of brothels
3.1 Except as provided in clauses 3.2, 3.3 and 3.4, no person may operate or permit to be operated a brothel anywhere in the District.

3.2 Subject to clause 5.1, a brothel may be located within the scheduled area identified on Map 1 annexed to this part of the bylaw. Within this area a brothel shall not be located at ground level in those areas identified as “ground floor control areas” as shown on Map 2 annexed to this part of the bylaw.

3.3 Subject to clause 5.1, a brothel may be located within an Industrial Environment Area, but not within 100m of a Residential Environment Area, pre-school, primary school, intermediate school, secondary school or
community facility.

3.4 Subject to clause 5.1, a brothel may be located within a Rural Environment Area, but not within 150m of an existing dwellinghouse, or within 100m of a Residential Environment Area, pre-school, primary school, intermediate school, secondary school or community facility.
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4.0 Signs
4.1 No person may display, or permit to be displayed, a sign that advertises a brothel, and which:
a) Is not attached to the building where the brothel is located; or
b) Uses words or images or models (human or mannequin) that, in the opinion of the council, are sexually explicit, lewd or otherwise offensive; or
c) Exceeds 3m² in surface area; or
d) Is visible from a public place in a residential environment area or open space environment area.

4.2 No person shall display or permit to be displayed a sandwich board advertisement for the purpose of advertising a brothel.

4.3 No person may display, or permit to be displayed, a sign that advertises a commercial sex premises, and which:
a) Is not attached to the building where the commercial sex premise is located; or
b) Uses words or images or models (human or mannequin) that, in the opinion of the council, are sexually explicit, lewd or otherwise offensive; or
c) Is visible from a public place in a residential environment area or open space environment area.

4.4 Without otherwise limiting the application of clause 4.3, that clause applies to a sign that advertises a bar or other premises at which goods or services related to sexual behaviour are sold, hired or displayed on a one-off or occasional basis, but only if the sign relates to the availability of those goods and services.

5.0 Existing Premises
5.1 Any brothel that is operating on the day this part of the bylaw comes into force and which:
a) Holds any resource consent that may have been required under any operative or proposed District Plan, or a certificate of compliance, or has existing use rights under section 10 of the Resource Management Act
1991; and
b) If not a small owner operated brothel as defined in the Prostitution Reform Act 2003, is operated by a person who holds a current certificate issued under section 35 of that Act is exempt from compliance with clauses 3.2, 3.3 and 3.4.

5.2 For the avoidance of doubt, from the date this part of the bylaw comes into force all brothels are subject to clauses 4.1 and 4.2 and all commercial sex premises are subject to clauses 4.3 and 4.4.
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