New Zealand Legislation: Acts

15 Resource consents in relation to businesses of prostitution

• (1) When considering an application for a resource consent under the Resource Management Act 1991 for a land use relating to a business of prostitution, a territorial authority must have regard to whether the business of prostitution—

  • (a) is likely to cause a nuisance or serious offence to ordinary members of the public using the area in which the land is situated; or

  • (b) is incompatible with the existing character or use of the area in which the land is situated.

  (2) Having considered the matters in subsection (1)(a) and (b) as well as the matters it is required to consider under the Resource Management Act 1991, the territorial authority may, in accordance with sections 104A to 104D of that Act, grant or refuse to grant a resource consent, or, in accordance with section 108 of that Act, impose conditions on any resource consent granted.

  (3) Subsection (1) does not limit or affect the operation of the Resource Management Act 1991 in any way, and it may be overriden, with respect to particular areas within a district, by the provisions of a district plan or proposed district plan.