Manukau City Council (Regulation of Prostitution in Specified Places) Bill

  • defeated on 25 February 2015

Manukau City Council (Regulation of Prostitution in Specified Places) Bill

Local Bill

197—1

Explanatory note

General policy statement

This Bill provides for local bylaw control over the locations where the business of prostitution or commercial sexual services may occur when that business or those services take place or are conducted other than in a brothel or a small owner-operated brothel in Manukau City.

The purpose of the Bill is to authorise the Manukau City Council to make bylaws prohibiting the business of prostitution or commercial sexual services in specified public places in Manukau City. The business of prostitution in private premises carried on in accordance with the provisions of the Prostitution Reform Act 2003 will not be affected.

The Bill gives the Manukau City Council the power to make bylaws for this purpose only if it is first satisfied that it is necessary to do so 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 because the activities or behaviour are incompatible with the existing character or use of that area. No such bylaw may have the effect of prohibiting the conduct of the business of prostitution or commercial sexual services in all public places in the district.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on the day after the date on which it receives the Royal assent.

Clause 3 states that the purpose of the Bill is to authorise the Manukau City Council to make bylaws specifying places in the district where the business of prostitution or commercial sexual services may not occur otherwise than in a brothel or a small owner-operated brothel.

Clause 4 contains interpretation provisions. Where appropriate, the definitions are the same as those in the Prostitution Reform Act 2003.

Clause 5 allows the Council to make bylaws designating any public place as a specified place. The business of prostitution or commercial sexual services may not be conducted or take place in a specified place, except in a brothel or a small owner-operated brothel. Before such a bylaw can be made the Council must be satisfied that it is necessary 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. A bylaw must not have the effect of prohibiting the taking place or the conduct of the business of prostitution or commercial sexual services in all public places in the district.

Clause 6 requires the Council to signpost specified places where it is reasonably practicable to do so.

Clause 7 applies the provisions of the Local Government Act 2002 as to the public notice and availability of the bylaw to any bylaw made under this Act.

Clause 8 requires the Council to review a bylaw made under the Act within 5 years.

Clause 9 requires the Council to undertake a review of the bylaw 10 years after its initial review.

Clause 10 describes the procedure for and the nature of a review of any bylaw made under the Act.

Clause 11 states that a bylaw made under the Act, if not reviewed, will be revoked after 2 years as required.

Clause 12 prohibits the conduct of the business of prostitution or the supply or receipt of any commercial sexual service in a specified place. Contravention of this provision is an offence carrying a fine of up to $2,000.

Clause 13 gives a constable the power to arrest without warrant a person who he or she has good cause to suspect has committed an offence under clause 12.

Clause 14 gives a constable the power to 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 fine of up to $1,000.

Clause 15 states only a constable may lay an information under the Act.