Local Government New Zealand produces best practice guide to implementation of Prostitution Reform Act
Local Government New Zealand has produced a best practice guide for councils to manage the implementation of the
Prostitution Reform Act 2003.
The Prostitution Reform Act was passed on 27 June 2003. The Act decriminalises prostitution and establishes a regulatory
context to manage specific aspects of the sex industry, creating a number of new roles and functions for government
agencies and councils.
“Councils have a specific role in managing the locational effects of the sex industry. The Guide will help councils work
through some of the complex social and legal issues associated with this regulatory control,” says Eugene Bowen, Chief
Executive, Local Government New Zealand.
“These guidelines are not intended as law. While it is up to individual councils to decide how they want to implement
the Act, these guidelines present a best practice framework. Councils do not have to make bylaws to manage prostitution
but they are obliged to follow the legal requirements of the Act. Some councils may already have adequate provisions in
place to address prostitution under their district plan in which case they may decide there is no need to make
additional bylaws,” says Mr Bowen.
The guidelines are part of the local government KnowHow programme and provide guidance for councils on best practice for
new legislation requirements as well as methods for developing bylaws and evaluating alternatives.
The Guide covers: the effect of the Prostitution Reform Act the role of government agencies and those in the sex
industry comprehensive analysis of the role of territorial authorities given prostitution reform the potential risks or
implications of prostitution for communities materials to assist councils in risk assessment advice on the processes for
developing a local response and on methods for evaluating alternatives a toolbox of regulatory and non-regulatory
methods contrasting the relative strengths and weaknesses of each method.
Ends
Local Government New Zealand is the national voice of all 86 councils of New Zealand. For further information please see
the Executive Summary (below) or you can purchase a copy of the Prostitution Reform Act Guide for $60 from
www.lgnz.co.nz or email june.lewis@lgnz.co.nz
Prostitution Reform Act Guide – a summary
The Prostitution Reform Act Guide is part of the KnowHow programme, providing guidance for councils on best practice on
new legislative requirements.
This Guide focuses on the Prostitution Reform Act 2003, an Act which decriminalises prostitution and establishes a
regulatory context to manage the sex industry. The Act provides roles and functions for a number of Government agencies,
but also particularly for territorial authorities, in managing specific aspects of the sex industry. The role for
councils is not necessarily straightforward, as they have to consider not only the Prostitution Reform Act, but also
other legislation.
The Act provides for the Local Government Act 2002 to be used to control the location of brothels and signage for
businesses of prostitution more generally. The Resource Management Act 1991 can be used to establish location and other
controls for the operations of all businesses of prostitution.
This Guide has been prepared to assist councils to formulate their local management framework for the location and
aspects of the operation of all businesses of prostitution (including brothels) under the Resource Management Act 1991
and the Local Government Act 2002. It provides an outline of the roles of various agencies and/or actors under the Act,
including councils. It describes the general matters that councils and communities need to consider, and outlines a
suggested analytical process to determine a preferred management response.
In summary the guidelines cover:
Before the Prostitution Reform Act and a brief history of the reform
The effect of the Prostitution Reform Act including its purpose, the role of public and other agencies, and the role of
territorial authorities
Consequences of prostitution reform for your community including the harms associated with prostitution and Government’s
response, characteristics of the sex industry, existing use rights under the Regional Management Act and the tests for
validity of by-laws under the Prostitution Reform Act /Local Government Act
The process for developing a local response including the obligation to consult, preliminary consultation and
information gathering, consultation on objectives, options and evaluation, processes for decision-making and evaluation.
The toolbox describing regulatory and non-regulatory management methods and their strengths and weaknesses
Appendices with practical examples and checklists for councils.
The Prostitution Reform Act Guide provides a way for councils to work through some of the complex social and legal
issues associated with the regulatory control of the sex industry.