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本帖最后由 陌生的香港人 于 2010-9-24 17:59 编辑
5# ysun062
there is not much we can do,, the auckland city council should really stop this from happening at the first place,, not every location is suitable for massage club.
LZ, NZ is not like China, the local government here is sometimes quite toothless as to what it could do and everything it does must be within what the law allows...
Commercial Sex Premise is declared as legal by the central government in Wellington under the Prostitution Reform Act 2003, so city council cannot simply shut down a bothel just because it does not look good or people dont like it - Instead, Auckland City Council had tried to amend its Bylaw to better regulate the location of sex premises to make them further away from schools, park, residental area, etc.
However, the sex industry took Council to Court so the whole section of the Bylaw on commercial sex premises was declared INVALID in 2006.
http://www.aucklandcity.govt.nz/council/services/prostitution/default.asp
Another alternative means is thru District Plan. However, the focus of a District Plan is the "environmental effects" of a land use activity (traffic, noise, bulk, character, etc), it is hard to imagine what "significant" adverse environmental effects a bothel could have that may render to it being declined. As far as I can see, there is no provision in the current Auckland City's Central Area District Plan prohibiting sex premises in the CBD area/near the skycity. As such, legally speaking, it is free to open there...
You can say the lack of provision of bothel in the District Plan is an oversight by council. However, the defeat of council in the Bylaw case in 2006 demonstrates how much resistance it could be and the difficulty of banning this kind of thing.
But even if Council decides and fiinally manages to put a rule in its District Plan banning a sex premise in CBD on ground of adverse effects on amenity/character of the area - very likely, people could still apply for a resource consent and demonstrate the adverse effects of this bothel would be "no more than minor" on the environment.
In addition, the applicant could argue that the area surrounding Skycity is largely commercial (casino) anyway rather than purely residential so this type of activity, while not desirable, is not inconsistent with the predominant characters of the area... so consent may still need to be granted ~
Again, this is how democracy/rule of law is practised in New Zealand and the Western world... |
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