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Prostitution Reform Act 2003

Commercial sexual services - Resource consents

15: Resource consents in relation to businesses of prostitution

You could also call this:

"Rules for getting permission to open a prostitution business in your area"

When you want to start a business of prostitution, you need to get a resource consent from the local council. The council must think about whether your business will cause problems or offend people in the area. They also need to consider if your business fits in with the character of the area. The council looks at the Resource Management Act 1991 when making their decision. They can say yes or no to your application, or they can add conditions to your consent. The council's decision is based on the Resource Management Act 1991 and other rules, like sections 104A to 104D and section 108 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197864.

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Part 2Commercial sexual services
Resource consents

15Resource consents in relation to businesses of prostitution

  1. When considering an application for a resource consent under the Resource Management Act 1991 for a land use relating to a business of prostitution, a territorial authority must have regard to whether the business of prostitution—

  2. is likely to cause a nuisance or serious offence to ordinary members of the public using the area in which the land is situated; or
    1. is incompatible with the existing character or use of the area in which the land is situated.

      1. Having considered the matters in subsection (1)(a) and (b) as well as the matters it is required to consider under the Resource Management Act 1991, the territorial authority may, in accordance with sections 104A to 104D of that Act, grant or refuse to grant a resource consent, or, in accordance with section 108 of that Act, impose conditions on any resource consent granted.

      2. Subsection (1) does not limit or affect the operation of the Resource Management Act 1991 in any way, and it may be overriden, with respect to particular areas within a district, by the provisions of a district plan or proposed district plan.

      Notes
      • Section 15(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
      • Section 15(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
      • Section 15(3): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).