Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 

Court of Appeal upholds prostitution by-law

Court of Appeal upholds prostitution by-law decision

28 NOVEMBER 2007
Immediate release

An appeal lodged in the Court of Appeal to quash the Hamilton City Council Prostitution Bylaw 2004 was today dismissed.

Three Court of Appeal judges today unanimously agreed to dismiss the appeal lodged by Ms Julie Conley, owner of Hamilton brothel Toni’s Escort Agency. The decision also included an order for the respondent to pay costs of $6,000 plus usual disbursements to Council.

The Prostitution Reform Act 2003 entrusted local government with the responsibility for regulating the location of brothels as a response to nuisance or offensive behaviour. In 2004, Council passed a bylaw that established a permitted zone for brothels and prevented them from being located within 100 metres of ‘sensitive sites’. The permitted zones consist of the city centre zone, the commercial service zone and the industrial zone of the city.

Ms Conley argued that the bylaw was unreasonable because the permitted zone effectively, in her view, amounted to a prohibition of the establishment of commercial sexual services in Hamilton. The court rejected Ms Conley’s argument stating that brothels would still be permitted in a large area of the city.

Hamilton mayor Bob Simcock says that the ruling was a clear vindication of Council’s bylaw and testament to the high level of consultation and research that was applied during the formation of the bylaw.

“The Court of Appeal has recognised that the bylaw implemented by Hamilton City Council represents a fair and reasonable interpretation of the national legislation. Council formed a bylaw that reflected the desires of the community whilst ensuring realistic, safe and practical solutions for the operation of the sex industry in the city.

“It was also reassuring for the city to hear the judges’ comment that in a case such as this where Council’s are considering questions of social policy under national legislation guidance, where there is an absence of any real Bill of Rights concern, the courts should be very slow to intervene.”

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Reaction

Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced

 

Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>

ALSO:


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election