'Draconian' brothel bylaw could be putting Upper Hutt sex workers at risk

Tuesday, 26 March 2019

Dame Catherine Healy says a council bylaw has likely forced sex workers to work in illegal brothels where they are unlikely to report abuse. (First published 2019)

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 which was likely 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.

'It's a callous disregard for people's safety and occupational health,' she said.

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The area covered in red shows where brothels are not permitted in Upper Hutt.

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'If you're working out of a brothel [in Upper Hutt], you're not going to be inclined to reach out to the police or council.'

The council is due to review its Brothels Bylaw this year. Council officers noted in a report this month 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 brothels from operating in the central business district, residential areas and 'gang buildings'.

There was also an exclusion area of 200 metres around residential zones, schools, kindergartens, play centres, before and after-school care facilities, play areas, places of worship and retirement complexes. It also places restrictions on brothel signage.

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

Following the Prostitution Reform Act in 2003 many councils had come under pressure to introduce heavy-handed policies by 'people who had no contact with sex workers'.

Fears spread by 'scare-mongering' after the Prostitution Reform Act 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 100m were recommended but not ratified.

Council business services and customer engagement acting director Kate Janes said the decision not to make the amendments in 2009 came following a consultation process. The council report showed of 50 submissions on the matter 49 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, the police, Women's Refuge and local religious groups.