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Brothels and commercial sex premises

High Court ruling on council's bylaw relating to the location of brothels | Viewing the bylaw | Brothel licence applications | Dispensation from the bylaw

Viewing the bylaw

(Following a High Court ruling the section of the council's bylaw dealing with the location of brothels is no longer valid.)

Click here to view a full copy of the bylaw including

  • the bylaw - Part 30 Brothels and commercial sex premises
  • a statement of proposal, which provides the reasons for this bylaw and the analysis that has gone into its development

A summary of the controls for location, signage and licensing of brothels and the location and signage of commercial sex premises is outlined below. Interpretations and definitions of terms are available within the content of the bylaw.

Summary of the effect of the bylaw

(Following a High Court ruling the section of the council's bylaw dealing with the location of brothels is no longer valid.)

Brothels

Brothels are defined as premises kept or habitually used for the purposes of prostitution (but not including premises at which accommodation is provided if the prostitution occurs under an arrangement initiated elsewhere). This includes small owner-operator brothels with four or less workers. Existing brothels had until 30 June 2004 to comply with the new location and signage rules.

Brothels must be maintained in a state of good repair and in a clean, tidy and hygienic condition, and have a licence. All brothels must be open to inspection by Auckland City's environmental health officers.

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Suburbs

(Following a High Court ruling the section of the council's bylaw dealing with the location of brothels is no longer valid.)

View a map of the areas (1,200kb PDF) in the Auckland isthmus where brothels can be located.

For more information and a map showing locations subject to frontage activity controls, see part 30.3.1 of the bylaw. 

In the isthmus (suburbs), brothels cannot be located

  • within a residential zone
  • within 250 metres of 
    • a pre-school, primary, intermediate or secondary school
    • place of worship
    • major public transport interchange
    • community facility and 
    • any site zoned residential
  • within 75 metres of an existing brothel or
  • at ground level in shopping streets
top

Central area

(Following a High Court ruling the section of the council's bylaw dealing with the location of brothels is no longer valid.)

View a map of the areas (629kb PDF) in the CBD where brothels can be located.

For more information and maps showing sites subject to frontage activity controls, see part 30.3.2 of the bylaw.

In the central area (CBD), brothels cannot be located:

  • within the following precincts (as defined in the Auckland City District Plan (Central Area) - Proposed 1997)
    • Residential
    • Tertiary Education
    • Viaduct Harbour
    • Britomart
    • Western Reclamation
    • Public Open Space
    • Port
    • Transport Corridor and 
    • Aoteatop
  • at ground level in shopping streets or
  • within 250 metres of a primary, intermediate or secondary school.

Hauraki Gulf islands

(Following a High Court ruling the section of the council's bylaw dealing with the location of brothels is no longer valid.)

For more information, see part 30.3.3 of the bylaw.

In the Hauraki Gulf islands, brothels cannot be located:

  • in any site zoned as traditional residential, bush residential or retail
  • within 250 metres of an educational facility or major public transport interchange
  • land units 20, 21 and 22 on Waiheke or Rakino islands
  • rural land units one to 10 on Waiheke or Great Barrier islands or
  • Tryphena, Medlands, Claris or Port Fitzroy on Great Barrier Island.

topSignage for brothels

For more information, see part 30.5.1 of the bylaw.

The bylaw also states that signage for brothels

  • cannot display words or images, which in the opinion of the council, are sexually explicit, lewd or offensive
  • can identify only the name of the business or the name of the person who runs the brothel
  • is restricted to one per brothel
  • cannot be illuminated by flashing or neon lights
  • cannot be visible from a residential area
  • must not exceed one metre x 0.3 metres in size or
  • cannot include sandwich boards

Commercial sex premises

Following a High Court ruling the council's bylaw relating to brothels and commercial sex premises is no longer valid.

Commercial sex premises are defined as premises, or parts of premises, or entertainment facilities, which are primarily used for the sale, hireage and display of goods or services associated with sexual behaviour. This includes strip clubs, rap parlours, peep shows, lap dancing clubs, escort agencies, adult bookshops, adult video shops, sex shops or other activities of a similar nature. It does not include hospitals, healthcare services, chemists, therapeutic massage or community welfare facilities.

Existing commercial sex premises had until 1 January 2005 to comply with the new location and signage rules.

Suburbs

For more information and a map showing locations subject to frontage activity controls, see part 30.4.1 of the bylaw.

In the isthmus (suburbs), commercial sex premises can not be located

  • within a residential zone or
  • at ground level in shopping streets

topCentral area

For more information and maps showing sites subject to frontage activity controls, see part 30.4.2 of the bylaw.

In the central area (CBD), commercial sex premises cannot be located

  • at ground level in shopping streets or
  • within the following precincts (as defined in the Auckland City District Plan (Central Area) - Proposed 1997)
    • Residential
    • Tertiary Education
    • Viaduct Harbour
    • Britomart
    • Western Reclamation,
    • Public Open Space and Port
    • the only exemption to this rule is the block bounded by Customs Street East, Fort Street and Fort Lane.

topHauraki Gulf islands

For more information, see part 30.4.3 of the bylaw.

In the Hauraki Gulf islands, commercial sex premises can not be located

  • within 250 metres of 
    • an education facility
    • major public transport interchange or 
    • site zoned as traditional residential, bush residential or retail
  • on land units 20, 21 and 22 on Waiheke or Rakino islands
  • on rural land units one to 10 on Waiheke or Great Barrier islands or
  • in Tryphena, Medlands, Claris and Port Fitzroy on Great Barrier Island

Signage for commercial sex premises

Following a High Court ruling the council's bylaw relating to brothels and commercial sex premises is no longer valid.

Brothels and commercial sex premises will need to ensure that they comply with the council's signs bylaw.

For more information, see part 30.5.2 of the bylaw.

Signage for commercial sex premises must not be visible from a residential zone or display words, images or models (human or mannequin) which are in the opinion of the council, sexually explicit, lewd or offensive.
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