Brothels bylaw to be reviewed

A ‘‘draconian’’ bylaw in Upper Hutt is putting the safety of sex workers at risk, says Dame Catherine Healy.

The Prostitutes’ Collective national co-ordinator said Upper Hutt City Council’s ‘‘incredibly restrictive’’ brothels bylaw effectively locked brothels out of the city, and was probably forcing sex workers to operate in illegal brothels.

People working under such circumstances were unlikely to voice their concerns if they were mistreated or threatened, for fear of prosecution, Healy said.

‘‘It’s a callous disregard for people’s safety and occupational health.’’

The council is due to review the bylaw this year. Council officers noted in a report this month that the bylaw was likely to be unlawful ‘‘and therefore vulnerable to legal challenge on the basis that it effectively bans brothels from the city’’.

‘‘Council only has the authority under the Prostitution Reform Act to make bylaws to regulate the location of brothels, but cannot ban them,’’ the report said.

The bylaw restricts where brothels may operate, and prohibits them from operating in the central business district, residential areas and ‘‘gang buildings’’.

There is also an exclusion area of 200 metres around residential zones, schools, kindergartens, playcentres, beforeand after-school care facilities, play areas, places of worship

‘‘A callous disregard for people’s safety and occupational health.’’ Dame Catherine Healy, Prostitutes’ Collective national co-ordinator, on the bylaw

and retirement complexes. It also places restrictions on brothel signs.

Healy said the collective wanted the restriction on the location of brothels relaxed. This would allow sex workers to conduct business in the city more easily and under safer conditions.

After the Prostitution Reform Act in 2003, many councils had come under pressure to introduce heavyhanded policies by ‘‘people who had no contact with sex workers’’, she said. Fears spread by ‘‘scaremongering’’ had not come to fruition, and the attitude of councils around the country towards sex workers had improved, having reached ‘‘a place of common sense’’.

Council officers identified the possible unlawful nature of the brothels bylaw when it was last reviewed in 2009. Amendments – including allowing a single sex worker to work from home and removing such operations from exclusion zones, allowing brothels in parts of the CBD, and reducing exclusion zones to 100 metres – were recommended but not ratified.

Council business services and customer engagement acting director Kate Janes said the decision not to make the amendments followed a consultation process. The council report showed that 49 of 50 submissions on the matter were opposed to amendments.

Janes said the the safety of sex workers would ‘‘absolutely’’ be considered when reviewing the bylaw. Officers would engage with stakeholders such as the Prostitutes Collective, police, Women’s Refuge and religious groups.