A long-established Auckland brothel facing closure under a contentious bylaw has challenged the bylaw's validity under the Bill of Rights Act.
Club 574, a gentlemen's club operating for 20 years out of a large old home at Greenwoods Corner in Epsom, appeared before the High Court at Auckland yesterday seeking
to quash the Auckland City Council's 2004 bylaw.
It was also seeking a judicial review for a council decision in March to decline its application for exemption from the bylaw, which banned brothels within a residential zone and within 250m of a place of worship. It had lost its bid in a 3-2 vote by five Auckland City councillors.
Its submissions were heard yesterday in the first day of a scheduled three-day hearing.
Barrister Gerard McCoy, QC, representing JB International, which trades as Club 574, said bylaws, under the law, had to be consistent with the Bill of Rights.
He said that the case was one of the legality and reasonableness of the council's actions, and not of moral issues.
Professor McCoy said under the 2003 Prostitution Reform Act, bylaws must safeguard the human rights of sex workers, thus recognising their "pragmatic right" to be able to earn a living.
He said while the act did have controls for signage advertising commercial sex services, it did not have a provision relating to a brothel's location, which may only be "regulated" but not "prohibited". The act recognised that brothels should not be located near schools and places of worship, but it also intended for brothels not to be consigned to existing red light areas.
The bylaw on the outset prohibited prostitution, rather than regulated it, said Professor McCoy. In effect, prostitution was banned with only a few areas of exception, he said.
"You must now come along, cap in hand, 'please let us do it'."
He said JB International had existing use rights of the site, and the act's intent was not to take away existing use rights.
Lawyers for the Auckland City Council are expected to present their submissions today.
