Review of Street-based Prostitution in Manukau City

Crime prevention - Prostitution review Manukau

APRIL 2009

EXECUTIVE SUMMARY

1. Street based prostitution is a significant issue for two localised areas of Manukau City: Hunters Corner and the area around the Northcrest car park. Manukau City Council (MCC) have aimed to eradicate street prostitution in their city in the past through lobbying for national legislative amendments and a Local Bill. MCC established a working party in February to review the issue. Its conclusions have recently been released and propose amendments to the Prostitution Reform Act 2003 in combination with other operational changes to be made locally.

2. In parallel, in February 2009, the Central Local Government Forum on Social Issues raised the issue of prostitution as a possible area of joint work to be overseen by that group. Initial analysis by the Ministry of Justice identified that although street based prostitution exists in four major cities in New Zealand (Christchurch, Wellington, Manukau and Auckland) it is only considered a significant problem in the two identified areas of Manukau.

3. The Ministry's Crime Prevention Unit were invited by the forum and by MCC to undertake a review of the issue and report back to the City Council and the forum. This report outlines the findings of the Ministry of Justice review. The review concludes that a more strategic localised response to the issue is required and recommends a framework for that response as well as some operational changes which could contribute to the broader strategy. The review recommends that these approaches are implemented in Hunters Corner and the vicinity of the Northcrest car park. The Report concludes that legislation is likely to be ineffective in managing this issue.

BACKGROUND

4. Prostitution and soliciting are not illegal in New Zealand. The Prostitution Reform Act 2003 (PRA), decriminalised soliciting and brothel keeping and, amongst other things, provided territorial authorities the power to regulate where businesses of prostitution can operate ¹. The PRA does not directly address street-based prostitution and makes no specific provision for its regulation. The PRA is further discussed in Appendix 1.

5. The New Zealand Prostitutes Collective (NZPC) reports that almost all street-based prostitution occurs in only four centres in New Zealand; Auckland, Manukau, Wellington and Christchurch cities. Historically, problems associated with the presence of street-based prostitution have been experienced in all these areas to some degree. In preparation for the current review of street-based prostitution in Manukau City, Auckland, Wellington and Christchurch City Councils were asked to comment on the nature and extent of any problems associated with street-based prostitution in their cities. Auckland and Wellington responded that, while street-based prostitution occurs within the city, it does not create any serious problems per se. Christchurch reported that, other than concerns about the safety of street-based sex workers, street-based prostitution is not a major issue for the city.

6. However, complaints about street-based prostitution have continued to come from Manukau city and are focussed on the areas of Hunters Corner and Manurewa town centres. The presence of street-based prostitution and the problems associated with it have caused distress to residents over a number of years. In addition to concerns about the presence of street-based prostitution in their area, community complaints about street-based prostitution include noise, antisocial behaviour (including sexual acts occurring in public places) and litter (including used condoms, syringes, bottles and food wrappers and human waste).

Impetus for the Review

7. Street-based prostitution was one of the points for discussion at the Social Sector Forum Deputy Secretaries/Local Government Representatives meeting in February this year. The consensus of the Forum was that, while some communities do experience problems associated with street-based prostitution, problems are very localised rather than national. As such, the Forum recognised that MCC should be supported to address these issues at a local level.

8. As a result of the Forum's decision, the Ministry of Justice's Crime Prevention Unit (CPU) was invited to work with MCC to review the extent and impact of street-based prostitution in Manukau City. MCC is invited to consider the findings of this review to inform its approach to street-based prostitution in Manukau City.

Scope and aim of the review

9. The review seeks to identify problems associated with street based prostitution in Manukau, particularly in Hunters Corner and around the Northcrest car park, establish what the causes are, and propose actions to mitigate these problems.

10. The initial part of the review of street-based sex work in Manukau concluded that the issues are limited to very specific areas of Manukau City, (around Hunters Corner and Northcrest car park) in which an estimated maximum of 20 street-based workers work on any given night. The scope of the review findings is therefore limited to these two areas and aims to suggest a response to improve overall community safety and reduce community harm (including harm to sex workers) in the two areas.

Manukau City Council prostitution working party

11. At its meeting on 3 February 2009, the Manukau City Council Policy and Activities Committee decided to develop a plan to address street-based prostitution. The Committee recommended that a working party be established, led by the Safe City portfolio leader, to formulate that plan.

12. On 14 April the working party reported its findings and recommendations to the Policy and Activities Committee. Its primary recommendation was to seek the following amendments to the Prostitution Reform Act 2003:

That prostitution which occurs in locations other than licensed brothels or small owner-operated brothels (SOOBs) is made illegal.
That local authorities are given a new power to make by-laws, if desired, to regulate the location of places where prostitution may occur other than brothels or SOOBs

13. The working party also recommended that non-legislative measures, such as social service provision for sex workers and environmental design should be pursued.

14. Environmental solutions (such as lighting, street cleaning and CCTV) are discussed in the working party's report but the report considers their success in reducing the incidence of street-based prostitution as negligible. However, the Ministry considers that these measures could reduce the incidence of litter and traffic noise and improve the safety and the appearance of the street environment. The primary recommendation of the working party is to amend the PRA, which the working party considers is the most effective way to achieve the elimination of street-based prostitution in Manukau.

15. The Ministry understands that the findings of this review report will be provided to Manukau City Council prior to the end of April 2009.

Police response

16. In January 2008, Police undertook Operation Capio to address the use of underage people in prostitution in Manukau. Operation Capio focused on the area around the Northcrest car park, which had been known for some time as a place where young people may be involved in prostitution. During the operation, 11 young people who may or may not have been involved in prostitution, were removed from the streets and either returned to their caregivers or placed in Child Youth and Family Services care. Twenty-five adults were arrested during the operation for a variety of reasons, the majority unrelated to prostitution. One person was charged with unlawful sexual connection with a person under the age of 16 years. Two people were charged with offences under the PRA relating to the use of underage people in prostitution, a further two were given warnings as there was insufficient evidence to charge.

17. After Operation Capio, Police, the NZPC and Streetreach ² report a marked decrease in the number of underage people involved in prostitution in Manurewa, and a total absence recently. In addition to the Police operation, the NZPC report that the older sex workers in the area are now more proactive about discouraging younger people presenting on the streets ³.

18. Although Counties Manukau Police have consistently said low-level antisocial behaviour does not rank sufficiently highly for priority action in the context of more serious offending in Manukau, the level of community concern in Hunters Corner and Manurewa has remained high.

THE REVIEW METHODOLOGY

19. In March this year, a team from CPU undertook a series of site visits and interviews with key stakeholders in Manukau City. Interviews were conducted with people representing the spectrum of opinion and experience in relation to prostitution in Manukau. A list of interviewees is provided in Appendix 2.

20. The review was undertaken with the assistance of Manukau City Council staff to identify problems associated with street-based prostitution in Manukau's Hunters Corner and Manurewa town centres. Daylight and evening site visits were also conduced to assess how the physical environment may contribute to the problems being experienced.

21. Interviewee's input was often contradictory and sometimes based on opinion and historical events. The review team endeavoured to disengage fact from perception while still acknowledging that perception plays a large part in how people feel about their community.

22. The review's recommendations are based on observations and interviews with a range of stakeholders, as well as a brief review of national and international approaches to managing street-based prostitution. The Ministry encourages the MCC to use the findings of this review to develop a comprehensive local approach to address street-based prostitution, antisocial behaviour, litter and noise in the two specified areas of Manukau. The findings of this review could form the starting point for the development of such a strategy.

PROBLEM DEFINITION

Locations

23. Several interviewees reported that street-based prostitution did not exist in Manukau City until the 1998 power-cuts in central Auckland. Sex workers relocated from central Auckland to South Auckland in response to the darker city streets and decreased commercial activity in the central business district. The Hunters Corner Business Association reported that problems started soon after the arrival of the sex workers.

24. NZPC, local community members and Police agree the numbers of street-based sex workers in Hunters Corner and around the Northcrest car park are not large. Numbers range between four and eight most nights, while on a busy night a maximum of 20 sex workers may work in Hunters Corner, and from eight to ten sex workers work around the Northcrest car park ⁴.

25. The 2009 Manukau City Council Key Performance Indicators for Town Centres and Business Improvement Districts identifies a number of issues that exist in Hunters Corner and Manurewa town centres which are impacting on the economic performance and vitality of the centres. Both town centres have been identified as having above average crime rates compared to other town centres in Manukau City. Crime rates in both centres also increased from 2007 to 2008. Although perceptions of danger are slightly higher than the actual crime rate would suggest, the performance indicators report notes that particularly in Hunters Corner, "the presence of prostitutes in large numbers, and an increase in car theft and anti-social behaviour would add to feelings of a lack of safety" ⁵.

26. Hunters Corner residents and Business Association members report feeling ashamed of the area’s reputation for street-based prostitution. They emphasise that this is only one aspect of their community, but they feel that it gives the area a bad name in general.

Hunters Corner (Papatoetoe) and the Northcrest car park (Manurewa)

27. In Hunters Corner street-based prostitution is focused around the Hunters Plaza stretch of Great South Road, and encompasses Charles Street and Hoteo Avenue to the east side of Great South Road, and Sutton Crescent to Kolmar Road on the west. The Hunters Plaza shopping centre and surrounding area is identified in the aerial photograph below.

Hunters Plaza

28. In Hunters Corner, most of the soliciting activity occurs within the first 20-30 meters of the side streets off Great South Road. During the site visit (on the evening of 18 March) sex workers were also working on the Great South Road corners with Hoteo Avenue and Charles Street. Soliciting also takes place along the entire length of Sutton Crescent, a residential street behind Hunters Plaza.

29. The Northcrest car park is a shopper's car park which is owned and maintained by Manukau City Council. The car park is located on Northcrest Way at the rear of the shopping precinct on the west side of Great South Road in Manurewa. The car park and its immediate environment are identified in the aerial photograph below.

Northcrest Way

30. Interconnecting car parks at the rear of businesses fronting onto Great South Road in Hunters Corner, and the Northcrest car park itself, allow traffic to circulate around Great South Road and the side streets. These circuits are used by clients seeking contact with street-based sex workers, as well as by other road users as short cuts between Great South Road and side streets. The New Zealand Prostitutes Collective (NZPC) report that the multiple car park access points and walkways provide a sense of safety and are considered escape routes by sex workers. Soliciting in the Northcrest area is focused on the car park and the streets immediately leading from it.

31. According to the NZPC, the sexual activity usually takes place within 1.5 kilometres of the pick up point and the numerous surrounding car parks are often used.

32. The sex workers who work in and around the Northcrest car park are predominantly women ranging in age from late teens to around 60 years, whereas many of the sex workers in Hunters Corner are transgender. Northcrest has also been the site for underage involvement in prostitution, but this has not been a feature of the area in recent months due to the combination of factors discussed above.

33. NZPC also report that, contrary to the perception of some in the community, many of the sex workers who work in Manukau also live locally; it is more common for sex workers from Manukau to travel into central Auckland, rather than the other way around.

Common themes

34. The presence of street-based prostitution in Hunters Corner and around the Northcrest car park is seen as a problem in itself. However, the specific concerns raised in the interviews and by agencies focus more on the consequential effects of noise, antisocial behaviour, litter and traffic. Street-based prostitution is one contributing factor to these problems, however there are others.

35. The presence of street-based prostitution in itself is seen as undesirable and impacting negatively on the perception of the area and even on house values. However, in addition to the practical and ongoing issues that directly affect the community which stem from activity related to street-based prostitution, moral objections to prostitution and to the presence of street-based sex workers underpin some community complaints.

36. There is a tendency for many of the problems facing the community to be attributed solely to the presence of street-based prostitution, and an unwillingness to disaggregate the issues. For example, the large numbers of licensed premises with long opening hours and the number of liquor stores in the surrounding locality and the behaviour of patrons of these establishments contribute to the extent of litter and anti-social behaviour in the area.

37. Similarly, those who advocate for the rights of the street-based sex workers tend to down-play the impact street-based prostitution has on the local community. Mistrust and a lack of engagement between the parties have meant problems have been allowed to develop over a number of years.

38. Several interviewees also discussed the degraded condition of the physical environment as a contributing factor to the presence of street-based prostitution, crime and the fear of crime, and the antisocial behaviour occurring in Manurewa and Hunters Corner. The decline of urban environments is a problem faced by many communities in Manukau.

Noise and antisocial behaviour

39. Residents and local business owners report rowdy, offensive and intimidating behaviour by sex workers and their clients. Sexual activity in inappropriate places (including on private property), fights between sex workers ('turf disputes') and abuse shouted at passing drivers were common complaints. Residents report sex workers have confronted residents as they returned home, and one incidence of a sex worker following a resident onto private property to continue an altercation. Sex workers' advocates report that many of these altercations are the result of residents trying to 'move on' sex workers, and/or trying to disrupt their business by confronting clients.

40. A cause of much of the antisocial behaviour is alcohol related. There is a culture of drinking in car parks and for 'sober drivers' to hang around and sometimes sleep in vehicles while they wait for friends to emerge from pubs, clubs and liquor outlets. This problem is exacerbated by the long opening hours of pubs and clubs and other liquor outlets in the area, some of which stay open until 7 am. Police noted that bar patrons were just as likely to cause problems as street-based sex workers.

41. There have been problems with antisocial behaviour in the Northcrest car park and the car parks in Hunters Corner for a number of years. Manukau City Council CCTV data records prostitution activity as well as loitering, drunkenness, glue sniffing and other drug taking. Although offences such as theft from or of vehicles, burglary and assaults are infrequent in the Northcrest car park, the fear of crime (caused by people loitering, antisocial and suspicious behaviour) was identified by the Council as a significant barrier to its legitimate use as a parking facility.

Litter

42. There are multiple complaints about offensive and dangerous litter (used condoms and syringes) being discarded, as well as bottles and fast food packaging. The majority of discarded condoms can be attributed to sex workers and their clients, however the provenance of the other litter is less certain and sex workers and their clients may not be exclusively, or even primarily to blame. Police suggest that reports of discarded syringes are greatly exaggerated, whereas the MCC environmental cleaning contractors reported that their teams pick up two or three per day around Hunters Corner. The average number of syringes reported by cleaners for the Northcrest area was only one or two a month where the litter is more alcohol and food related.

43. There is no doubt that the presence of offensive litter of this kind is significantly affecting local residents.

Traffic noise

44. The layout of Hunters Corner allows traffic to circulate around Great South Road and the side streets via the interconnecting car parks. The CPTED assessment of the Northcrest car park for the CarPark+ pilot also identified a lack of traffic controls and a similar circulatory pattern. Interconnecting car parks in both locations provide an obvious circuit for clients seeking street-based prostitution services. However these circuits and short-cuts are also used by other road users, particularly after dark including 'boy racers' and, in Hunters Corner, patrons of the bingo hall on Kolmar Road.

Where the two areas differ

45. Hunters Corner in Papatoetoe generated the most complaints about the presence and activity of street-based sex workers. Although Northcrest car park may be the location for activity of a similar nature and level as that experienced in Hunters Corner, the almost complete absence of residential properties in the immediate vicinity seems to limit impact on the local community and hence the number of complaints.

46. In Hunters Corner, a community action group, Papatoetoe Reclaiming Our Streets (PROS), was established in mid-2008 in response to the problems being experienced and due to frustration at the failure of various historical attempts to 'do something' about street-based prostitution in the area. The actions of the PROS group stems from a genuine commitment to improve the community. However, their direct approach has not eliminated the problem but has generated considerable tensions between the various groups involved. This has had a negative impact on the publicity surrounding the issue and the reputation of the area. PROS strategy has been to disrupt street-based prostitution by approaching the sex workers' clients and informing them that their vehicle licence number has been recorded and they will be receiving a letter from the group ⁶. The letters inform clients of the potential health risks of procuring sexual services from street-based sex workers and the impact their activity has on the community. Letters have been sent to the clients in pink envelopes sprayed with perfume and are designed to pique the suspicion of clients' wives and girlfriends. PROS members report they no longer send these letters. A figure for the number of letters sent to date was not provided by PROS, however they report doing approximately 400-500 vehicle registration checks.

47. Although PROS are vocal and visible, it is unclear whether PROS truly represent wider community interests. PROS has been criticised for fuelling the tensions between the community and street-based sex workers. NZPC report that PROS currently represent the greatest occupational hazard to sex workers in Hunters Corner. Sex workers have been followed home by PROS members and there have been several scuffles. NZPC are fearful that the pressure being applied to clients will result in shortened negotiation times and ultimately endanger sex workers.

48. PROS argue that since its inception, the crime rate in Hunters Corner has dropped. Police did not comment on reports about PROS's impact on crime, and stressed that they did not wish to condone either side. However, Police are concerned that the heightened tensions in Hunters Corner may precipitate further problems and potentially serious incidents. The Ministry agrees with Police's assessment of the situation.

MANUKAU CITY COUNCIL ACTIONS TO ADDRESS STREET-BASED PROSTITUTION

49. Manukau City Council (MCC) has grappled with the existence of street-based prostitution and its impact on the community over a number of years. Both legislative and non-legislative courses have been pursued. However, the council's energy has been largely focused on attempts to either ban or regulate street-based prostitution.

Legislative actions

50. During the consideration of the Prostitution Reform Bill in 2002, MCC presented a submission to the Justice and Electoral Select Committee expressing concern that the proposed legislation was silent on street prostitution and did not provide councils a means to control it. The Select Committee concluded that:

"We do not agree decriminalisation will see such an increase in soliciting that it warrants imposing zoning restrictions or prohibitions. We would suggest that if soliciting activities reach a level of constant and ongoing harassment, the offences of offensive and disorderly behaviour in the Summary Offences Act 1981 could be widened or those of intimidation, obstructing a public way, or indecent exposure currently in that Act could be used" ⁷.

51. In November 2005, MCC put up a local Bill (the Manukau City Council (Control of Street Prostitution) Bill) seeking to re-criminalise street-based prostitution in Manukau City. The Local Government and Environment Committee recommended the Bill not be passed on the basis that it was contrary to the intent of the PRA. The Committee also considered alternatives to criminalising street-based prostitution and other initiatives to address problems associated with street-based prostitution. The Committee concluded MCC should "continue to work with support from central government on local solutions that develop from consultation with all parties affected by street prostitution". The minority view of the New Zealand National party was that "councils should have the right to control the business of prostitution and to keep the business activity of prostitution off their streets if that is the council's decision" ⁸.

52. In 2008, MCC made a submission to the Prostitution Law Review Committee (PLRC) recommending the PRA be amended to provide powers to either regulate or prohibit street-based prostitution, and provide appropriate powers of enforcement to Police. The PLRC noted that street-based prostitution existed in New Zealand prior to decriminalisation, and continues to exist in jurisdictions where prostitution is illegal. The PLRC concluded that legislative solutions targeting street-based workers are counter to the aims of the PRA and are not an appropriate or effective response to problems associated with street-based sex work ⁹.

53. MCC has considered passing a by-law to regulate the times and locations where street-based sex workers may work. However, this option has been rejected due to the prohibitive costs associated with licensing and enforcement outside of normal Council business hours. In addition, the MCC is concerned that such a by-law could be challenged on the basis that it unduly limits the rights and freedoms contained in the New Zealand Bill of Rights Act 1990. These limitations would also to apply to some extent, to MCC's proposed amendments to the PRA.

Non-legislative actions

54. MCC report taking a number of practical steps (installation of CCTV, additional lighting and rubbish bins in some areas) to address problems associated with street-based prostitution such as litter, noise and antisocial behaviour in Hunters Corner and around the Northcrest car park. The lighting and CCTV cameras which have been installed on Great South Road and in some car parks (intended to discourage undesirable activity) are considered by street-based sex workers to increase their safety and security, and therefore have not achieved MCC's desired goal.

55. During 2008, Manukau City Council removed a line of trees and vegetation along the western boundary of the Northcrest car park (along Maich Road) which had been obscuring the facility from the road and creating cover for undesirable activity. The removal of the trees increased natural surveillance into the car park and discouraged people (including street-based sex workers) congregating in the area. Police report soliciting activity has moved from the Maich Road side of the Northcrest car park to Northcrest Way and behind South Mall as a result.

56. In September 2008, Manukau City Council invited a team from CPU to conduct a Crime Prevention Through Environmental Design (CPTED) assessment of the Northcrest car park as part of the CarPark+ pilot programme ¹⁰. In response to the assessment team's report, Manukau City Council commissioned a CPTED Implementation Project Plan which provides a visual representation (and initial costing) of the recommendations for consultation with the Community Board and local business owners. A timeframe and budget for the implementation is yet to be confirmed.

57. The 2009 Manukau City Council Key Performance Indicators for Town Centres and Business Improvement Districts report identified key objectives for Manurewa and Hunters Corner Town Centre Business Associations to improve the town centres' physical appearance and presentation. The objectives include improving the economic health and commercial prospects of businesses, and improving safety for business owners, employees and business customers.

58. Actions to achieve theses objectives include a Town Centre Development Plan, and a Sports Hub development in Hunters Corner. The Hunters Corner Business Association has also been encouraging shop owners in the area not to secure their businesses after hours with roller doors and shop-front blinds. However, there has been little success convincing shop owners to do so to date. The use of roller doors and blinds can have the dual impact of reducing the perceived safety of an area and reducing ambient light to pedestrian areas, further reducing safety.

59. In Manurewa, a concept plan has been drawn up which outlines physical improvements to attract new businesses to the area.

CONCLUSIONS AND NEXT STEPS

60. The review team has concluded that, in New Zealand, street-based prostitution is considered a significant problem in only two specific areas of Manukau City. The review identifies the development of a comprehensive local approach, including a number of localised responses to the problems experienced by the two communities as the appropriate way forward.

61. The review concludes that these localised approaches are likely to be more effective than legislation for dealing with this very localised problem.

62. This review also recommends that MCC take the lead in instigating the development of a more comprehensive local approach to managing this issue, improving community safety and minimising the harm caused to the local areas' residents and users.

63. While the eradication of street-based prostitution may be an attractive goal for some, it has not proved to be achievable in any jurisdiction, irrespective of its legal framework. Simply banning the activity and 'moving on' street-based sex workers can have the negative impact, identified by the Prostitution Law Reform Committee, of driving street prostitution further underground, further impairing the health and safety of street-based workers, reducing access for support services to assist sex workers and displacing the activity to other potentially more problematic locations.

64. The presence of street-based prostitution in residential streets causes the greatest problems, combined with the consequent impacts of tension, litter, antisocial behaviour and noise. The proposals outlined in this review are intended to:

Reduce the current tensions through mediation and changed behaviour from all parties
Minimise the harm created by street-based prostitution by changing its location in a planned way
Minimise the associated problems by dealing with them specifically and their various causes

65. Although prostitution itself is unlikely to disappear, problems associated with it can be better managed. Achieving a realistic and enduring solution to the problems associated with street-based prostitution in Manukau requires the development of a coordinated approach with a clear action plan. This report recommends some immediate actions which can be taken and which could contribute to a more strategic approach.

66. The review team also recommends a review of the policing of this issue. Although the individual issues experienced (litter, anti-social behaviour, etc.) are individually of limited priority, collectively they are resulting in significant community concern, escalating community tension and the potential for this issue to lead to community clashes and possible violence.

67. Operation Capio demonstrated Police prioritisation of a problem can have a positive impact. A problem-orientated community-policing approach should be adopted to address the escalating community tensions in the two areas. In addition, targeted foot patrols of key areas (Sutton Crescent in particular) during the hours in which antisocial behaviour is taking place should be given greater Police priority.

Diffuse community tensions

68. It is clear that the actions of both the PROS group in Hunters Corner, and the local sex workers, have inflamed tension. Mediation to resolve tension should be undertaken immediately. There is a collective onus on all parties to act differently (and more cooperatively) because the current problems cannot be addressed unless the parties can work together.

69. On 19 March, Counties Manukau Police and Manukau City Council Deputy Mayor convened a meeting between affected parties in Papatoetoe. The parties who attended are to be commended for this positive step which speaks favourably of their ability to reduce tensions. It is also encouraging to hear that some attendees have agreed to another meeting and immediate (non-legislative) solutions will be investigated to reduce the impact of street-based prostitution on the community. In addition, since the review visits took place PROS have agreed to cease their activity for a month to allow space for change.

70. This demonstration of a tentative commitment to work together should be built on to identify longer term actions to address problems. As noted above, a comprehensive collective approach is required to achieve success. The review recommends that MCC lead the development and implementation of this approach.

71. Although street-based prostitution exists in other parts of New Zealand, the tensions surrounding it have not escalated in the same way as they have done in Hunters Corner. This is partially due to the suburban nature of the location and the different expectations and outlooks of residents in inner-city suburbs where other street-based prostitution takes place. MCC have made repeated attempts to establish legislation to eradicate street prostitution in Manukau. The review concludes that eradicating street prostitution in Manukau is not likely to be successful. However, MCC can manage the issue by establishing a more comprehensive local approach and engaging the various community stakeholders in a more positive and cooperative way.

Co-ordinated Prostitution Strategy for England and Wales & the Ipswich Experience

72. A potential model strategy to address street-based prostitution is the 2004 British Home Office Co-ordinated Prostitution Strategy for England and Wales¹¹. This strategy has been successfully adapted to address local issues in Ipswich, England by a joint strategic group comprising Ipswich Borough Council, Suffolk Constabulary, health and social service providers including mental health, and drug and alcohol services and those working with sex workers (the Ipswich Street Prostitution Strategy 2007-2012).

73. Although prostitution is illegal in England and Wales, the range of approaches in the national and Ipswich models are relevant to the situation in Manukau. Indeed, the need for a comprehensive strategy of this kind in England and Wales adds to the argument that criminalising street prostitution in New Zealand is unlikely to resolve the problem. A description of the background to the development of the Ipswich Strategy and the scope of the strategy itself can be found in Appendix 3.

74. The University of East Anglia 2008 evaluation of the Ipswich strategy concluded that most of the strategies objectives have gone a long way towards being met in its first 12 months and have had a positive impact on street-based prostitution ¹². The evaluation found that the inclusion of both 'enforcement' and 'support' elements is key to success in decreasing/eradicating street-based prostitution. The evaluation also highlighted the value in cross-sectoral relationships in delivering the aims of the strategy.

75. The evaluation also found that one of the consequences of the Ipswich strategy has been a displacement of street-based sex workers to indoor venues. The decriminalisation of prostitution in New Zealand provides greater opportunities for street-based sex workers to move to indoor settings (either managed brothels, or Small Owner Operated Brothels), or to exit the sex industry for other lines of work without the barrier of a conviction for soliciting. However, displacement to brothels or other occupations is less likely to occur for transgender sex workers who have traditionally found it difficult to find employment in brothels or in the mainstream workforce. For these workers, specialised support strategies should be developed.

RECOMMENDATIONS TO BUILD INTO A COMPREHENSIVE LOCAL APPROACH

76. The list of actions below is provided for further investigation by MCC and can be included within an action plan. To fully identify all possible avenues of action will require further, dedicated work under the umbrella of a coordinated strategy.

77. In particular, the environmental measures suggested should be further developed and costed to assess their feasibility. It is strongly suggested that MCC undertake a more detailed CPTED assessment of Hunters Corner with a view to managing anti-social behaviour, littering and traffic noise. Such an assessment must take into account the negative impact any actions may have on the safety of street-based sex workers.

78. Particular attention should be made to areas where sex workers are currently working in close proximity to residential properties (such as Sutton Crescent in Hunters Corner). It is particularly problematic when sex workers work in residential streets due to the obvious clash of behaviours and the very direct impact on residents. This is particularly the case where street-based prostitution is a relatively new phenomenon and in more suburban areas.

79. In other areas of New Zealand, where street-based prostitution is a long-standing part of the make up of an inner-city community, it is more readily tolerated by residents. Those considering moving into the area are also aware of its existence prior to making that choice. Residents’ expectations for those in inner-city living differ considerably from those living in more suburban areas. However, street-based prostitution is said to have existed in Hunters Corner and around the Northcrest car park for at least 11 years and yet the issue has not been normalised.

80. In addition to the distress the presence of street-based prostitution can cause, residential streets tend to be less well-lit than more commercial, or high traffic, areas such as Great South Road, and thus less safe for street-based sex workers.

Measures to address community tensions

enhance relationships between key players (those representing the community and sex workers as well as local businesses and support agencies) as part of an overall strategy to address issues - Counties Manukau Police and Manukau City Council to continue their lead roles
mediation should be considered to establish relationships and then engagement in the development and delivery of a comprehensive strategy should be utilised to develop and maintain cooperation and collaboration
NZPC/Streetreach should work with street-based sex workers to limit their working hours to outside daylight and/or business hours, and to refrain from working on residential streets.

Measures to address traffic problems

formal assessment of traffic design with specific attention to preventing vehicles using short cuts through interconnecting car parks using either permanent barriers or lockable gates
traffic management measures to direct non-resident vehicles away from Sutton Crescent

Measures to address noise and anti-social behaviour

increased community policing presence in the area at key times (foot patrols). This will also assist in reducing community tension
enforcement of current liquor bans and extension to car parks and enforcement of antisocial behaviour legislation
negotiation with sex workers (via advocate organisations) to encourage workers to work with consideration for local residents and businesses
reduce opening hours for relevant pubs, clubs and liquor outlets in Manukau and more effectively manage the behaviour of patrons after leaving licensed premises
Police directed patrols by Community Patrols New Zealand to operate after dark to support police

Measures to address litter (in particular offensive and dangerous litter)

installation of additional rubbish bins
encourage sex workers and clients (via advocate organisations) to dispose of condoms and other litter in an appropriate manner
installation of 'sharps' disposal units in the public toilets and, local pubs and clubs
longer opening hours for the South Auckland needle exchange
take up offer by ADIO¹³ to institute street patrols to collect discarded syringes (currently operating in central city)
24 hour opening of the public toilets
liaison with businesses to improve cleaning of private car parking facilities
after hours closure of privately owned car parks

Measures to improve the environment

MCC to consider resourcing the implementation of the CPTED Project Plan for the Northcrest car park and the Hunters Corner Town Centre Development Plan
MCC to undertake a CPTED review of Hunters Corner with a view to improving safety for the community and street-based sex workers

Specific actions for Sutton Crescent

NZPC/Streetreach should work with street-based sex workers to encourage them to stop working on Sutton Crescent and move to less residential local streets where their safety is enhanced and their impact on residents reduced
traffic management measures to restrict access and to make Sutton Crescent less attractive as a short-cut for general road users
temporary after-hours road closure of Sutton Crescent to disrupt circulating pattern
installation of additional rubbish bins
after hours closure of privately owned car parks
liaison with businesses to arrange for cleaning of private car parking facilities

PROBLEM, ACTION AND RESPONSIBILITY MATRIX

Problem	Action	Responsibility
		Manukau City Council	Police	Residents and business owners	Sex workers and advocates
Community tensions	Mediation	X	X	X	X
Antisocial behaviour	Enforce liquor bans and antisocial behaviour legislation	X	X
	Reduce liquor bar and outlet hours	X		X
	Community policing		X
	Behaviour modification				X
Sex worker's location and time of work	Behaviour modification				X
Litter	Additional rubbish bins and cleaning	X		X
Litter	Behaviour modification				X
Traffic noise and circulating/cursing behaviour	Road closures and traffic calming measures	X
Traffic noise and circulating/cursing behaviour	Closure of private car parks			X

Appendix 1: Prostitution Reform Act 2003

1. The Prostitution Reform Act 2003 (PRA) decriminalised prostitution in New Zealand by repealing the Massage Parlours Act 1978, and provisions relating to soliciting and brothel keeping under the Crimes Act 1961. The PRA is not intended to endorse or morally sanction prostitution or its use. The purpose of the PRA is to safeguard the human rights of sex workers, protect them from exploitation and promote their welfare and occupational health and safety. The PRA is also intended to be conducive to public health, and prohibit the use of persons under 18 in prostitution.

2. The PRA allows territorial authorities to make bylaws regulating the location of brothels and the signage and advertising associated with commercial sexual services. Three brothel bylaws have been challenged in court (those of Christchurch, Hamilton and Auckland City Councils) two of which (Christchurch and Auckland’s) were overturned on the basis that they prohibited brothels operating within the city, rather than merely regulated their location.

3. The PRA does not regulate either the location or hours of street-based prostitution. Some territorial authorities have introduced bylaws containing prohibitions on soliciting in, or within view of, a public place. The Prostitution Law Review Committee (PLRC) considered that these prohibitions may be contrary to the intent of the PRA but have not yet been tested in court¹⁴.

4. Members of Parliament voted on the Prostitution Reform Bill as a matter of conscience rather than along party lines. The PRA was passed by only one vote. At the time of the law reform the hope was expressed by those on both sides of the debate that decriminalising brothel keeping would encourage street based sex workers to work indoors. The study by the Christchurch School of Medicine for the PLRC 2008 report found that, even post decriminalisation, there is little movement between the street and indoor managed sectors of the industry ¹⁵.

5. The PLRC concluded that legislative solutions targeting street-based workers are counter to the aims of the PRA and are not an appropriate or effective response to problems associated with street-based sex work. Attempts to regulate street-based prostitution run the risk of driving it further underground and have a negative impact on the health and safety of street-based workers. Displacement also makes it harder for support services to access and assist sex workers. The PLRC concluded that approaches that foster partnerships between sex workers, their advocates, local authorities and Police provide the best model for addressing problems associated with street-based sex work. Practical initiatives such as additional lighting, the provision of rubbish bins and street ambassadors schemes were also considered to be positive approaches.

Appendix 2: Interviewees

Manukau City Council - Deputy Mayor, Councillors, senior council officials, council staff, and street cleaning contractors
Police - District and Area Commanders
members of the interagency Underage Prostitution Working Group
sex worker advocates - the co-regional directors of the Auckland branch of New Zealand Prostitutes Collective (NZPC), and the NZPC National Coordinator, the manger of Streetreach, and a representative from Te Aronga Hou Ināianei
community representatives - local business people, residents, town centre managers, and PROS, Business Association and Community Board members from Hunters Corner and Manurewa.

The CPU team also attended meetings of the Manukau City Council working group on prostitution on 18 March and a meeting convened by Manukau City Council and Counties Manakau Police attended by many of the above groups on 19 March.

Appendix 3: The Ipswich Street Prostitution Strategy 2007-2012

81. After the murders of five street-based sex workers in Ipswich in 2006, the multi-agency Prostitution Strategy and Action Plan was established. Previous approaches to address street-base prostitution in Ipswich have focussed on enforcement approaches alone (crack downs, moving sex workers on and the application of Anti-Social Behaviour Orders). This type of approach has had negative consequences for sex workers (working in unfamiliar and unsafe areas, decreased negotiation times, risk taking etc), and has also failed to produce a reduction in street-based prostitution. The Ipswich Street Prostitution Strategy includes both enforcement and support elements such drug and alcohol services, budgeting advice, housing and employment support and specialised assistance for sex workers wishing to exit the industry.

82. The framework for implementation of the Ipswich strategy is based on five key themes:

Community intelligence - to respond appropriately to the needs of communities affected. To ensure that the environment is kept clean, safe and designed in such a way to deter and prevent street prostitution
Developing routes out - by offering multi agency case conferences for each individual involved in street prostitution and ensuring that relevant support and interventions are available to those individuals who want to change their lifestyles and leave street prostitution.
Tackling demand - by determining those who create the demand and removing the opportunity for street prostitution to take place.
Prevention - awareness raising and early intervention measures to stop individuals, particularly children and young people from becoming involved in prostitution
Identifying the problem - gaining an understanding of the key issues, the extent of the problem, the impact on the local community and the motive behind those involved in prostitution

Footnotes

1. The term 'businesses of prostitution' refers to brothels and Small, Owner Operated Brothels (SOOBs), but does not include street-based prostitution. The law reform is further discussed in Appendix 1.

2. Streetreach is a Christian based NGO which provides confidential support for those involved in the sex industry with a view to assisting them to leave sex work.

3. The 2008 Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003 identifies peer pressure from other sex workers as a valuable tool which should be harnessed to discourage the involvement of underage people, and to manage behaviour in the street-based sector.

4. Research undertaken by the Christchurch School of Medicine for the PLRC report found that, in 2007, there were 230 street-based sex workers known to be working in the Auckland region which encompassed Manukau City. Not all of these workers were seen every night and 20 were rarely seen on the street.

5. Manukau City Council Key Performance Indicators for Town Centres and Business Improvement Districts, Manukau City Council, March 2009.

6. Obtaining the ownership details of a registered vehicle costs $20.00 from on-line services such as AutoCheck, or approximately $5.00 from New Zealand Post.

7. Commentary on the Prostitution Reform Bill, as reported by the Justice and Electoral Committee, November 2002, p15.

8. Manukau City Council (Control of Street Prostitution) Bill: Report of the Local Government and Environment Committee, September 2006.

9. The PLRC's recommendations regarding street-based prostitution are further discussed in Appendix 1.

10. The pilot (launched in October 2008) aims to reduce crime and the fear of crime in car parking facilities and is taking place in Waitakere, Auckland City and Lower Hutt. MCC expressed an interest in joining the pilot but the work was too far progressed. MCC subsequently requested CPU advice on Hunters Corner car park.

11. See http://www.homeoffice.gov.uk/documents/cons-paying-the-price/

12. See http://www.ipswich.gov.uk/Services/Community+Safety/Street+Prostitution+Strategy+2007+-+2012.htm

13. The ADIO Trust runs a needle exchange service in central Auckland and Manukau City.

14. Both Carterton and Queenstown Lakes District Councils have passed bylaws prohibiting soliciting in, or within view of, public places. There is no history of street-based prostitution in either district.

15. Report of the Prostitution Law Review Committee on the Operations of the Prostitution Reform Act 2003, Ministry of Justice, 2008. The full report and the research conducted for it by the Christchurch School of Medicine and Victoria University's Crime and Justice Research Centre are available on the Ministry of Justice website: http://www.justice.govt.nz/policy-and-consultation/legislation/prostitution-law-review-committee/

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