Council declines request to fast track application for brothel building

Auckland Council has declined a request to fast track the resource consent application for a 15 level mixed-use building, which would include a brothel, directly to the Environment Court.

Instead, the council’s Hearings Committee reconfirmed its earlier decision for the application for the building – on the former Palace Hotel site in Victoria Street West – to be heard before a panel of four independent commissioners.

Committee chair Councillor Noelene Raffills said the request by applicant’s lawyers should be declined because there is no certainty that the application would end up in the Environment Court and a direct referral would lead to “a less participatory process” for a large number of lay submitters.

“It is a local issue regarding one building and should be heard as such.  Direct referral would mean we’d have to request an amicus curiae (Friend of the Court) to assist submitters and there’s no guarantee that would happen.”


The full determination of the committee was:

MOVED by Member DT Taipari, seconded Cr NM Raffills:
a) That this report and additional information be received.

b) That the Hearings Committee decline the request by the applicant (PHVS Project Ltd at 75 Victoria Street West, Auckland) for direct referral to the Environment Court and reconfirm that the resource consent application for the 15 level mixed use building be heard by a panel of Independent Commissioners for the following reasons:

(i)  There is no certainty that the matter will proceed to the Environment Court and the potential benefits of a one-step determination are not ensured.

(ii) The resource consent is predominantly a local issue. The relevance of the majority of submissions in essence concern section 15 matters of the Prostitution Reform Act. Those matters will require a consideration as to whether there is a direct cause of nuisance, serious offence or character incompatibility with the area or persons within the area in which the activity is proposed. This area is local in extent. 

(iii)  Direct referral will lead to a less participatory process for the large number of lay submitters who will otherwise need to become 274 parties and subject to a more formal process and possible cross-examination.

(iv)  The relevant matters raised by the application are concise, restricted discretionary and unlikely to challenge the policy framework of the district plan.

(v)   A panel of independent commissioners as requested by the applicant has already been determined and they have opportunities to manage any council hearing in an efficient and timely manner.

Following public notification of the resource consent application, the council received over 200 submissions, all but one opposed, and 59 people indicated they wanted to be heard.

The proposed building is designed to accommodate a range of permitted activities including food and beverage, entertainment and gathering (including a brothel) and offices.  Part would be used as a hotel.