The operation of an unlicensed brothel next to a primary school in Ponsonby has been put forward as evidence that prostitution laws are flawed - but the Auckland Council says to shut it would be unfair.
Residents have circulated flyers drawing attention to Firecats Escorts operating from a Brown Stapartment near Richmond Rd Primary School.
The school year begins on February 7 but the council has opted not to use its powers to shut the brothel while it processes a resource consent application.
Brothels are considered "entertainment facilities" and can operate near the school because the area is zoned for mixed business use.
However, because Firecats is within 30m of a residential zone, it is required to apply for consent, which it did late last month.
The application has been on hold since the council asked the brothel's owners for more information on Wednesday. They have 15 working days to respond - but can operate in the meantime.
Waitemata Local Board member Tricia Reade, who has received more than 20 complaints from residents, said that made little sense.
"I am surprised that it is an activity that's allowed to continue before it gets resource consent. It makes a fool of the law, I think.