Introduction to the Brothel Location Bylaw

Council has operated bylaws regulating brothels in Ashburton District since 2008. Under the Prostitution Reform Act 2003 (“the PRA”) Council is allowed to control where brothels can operate.

The purpose of the Bylaw is to:

  • regulate the location of brothels;
  • minimise potential and/or perceived community harm or offence; and
  • support the intent of the Prostitution Reform Act 2003.

The Brothel Location Bylaw has the following key provisions:

  • The bylaw allows brothels within a Business Zone of the Operative District Plan and aims to ensure that brothels are not located within 100 meters of a sensitive site.
  • Sensitive sites include early learning centres, schools, places of worship such as churches, mosques, and maraes.
  • The current Bylaw does not restrict the location of small owner-operated brothels in the district. Section 4(1) of the PRA defines small owner-operated brothels as:

“a brothel –

  • at which not more than 4 sex workers work; and
  • where each of those sex workers retains control over his or her individual earnings from prostitution conducted at the brothel”

Problems and Issues

There are currently no known issues with the location of brothels in our district. However, Council wants to ensure it is prepared to respond should any issues arise in the future.

The purpose of this review is to ensure that the Bylaw remains fit for purpose.


Council is proposing the following minor amendments to the draft Brothel Location Bylaw;

  • include updated references to related legislation and regulations.
  • include definitions of Offence, Person, and Premises in the body of the Bylaw to increase clarity and readability of the document.

Council is not proposing any changes to the key provisions of the bylaw.

Some more information

  • Advantages of proposed changes

    • Updating references to legislation and regulations ensures the Bylaw is legally accurate and correct.
    • Additional definitions make the document easier for the reader to use, improve clarity and ensure consistency with Council’s Explanatory Bylaw.

  • Advantages of proposed changes

    • Keeping the main rules the same helps maintain a fair balance between allowing a legal business to operate and having rules in place to prevent disturbance or offence to people in the area where a brothel might be located.
    • Consultation enables community views to be heard on the bylaw.

  • Disadvantages of proposed changes

    • If a draft bylaw is presented in a way that suggests the main rules are not going to change, it limits Council’s ability to make meaningful changes to those rules based on community feedback. If Council later decides to make major changes to those key rules, the way that decision was made could potentially be challenged in court.

Other Options

When a bylaw is reviewed, the Council must think about four possible choices:

  1. Changes the current Bylaw
  2. Revoke the Bylaw and make a new one
  3. Revoke the Bylaw and not replace it
  4. Keep the Bylaw with no change

Read the Report to Council for detailed option analysis.

After looking at all these, Council decided that Option 1 was the best way to address the issues. Creating a whole new bylaw (Option 3) was not needed and would be less efficient.

Revoking the Bylaw (Option 2) and keeping the Bylaw exactly the same (Option 4) would not address the problems.