Do not pass legislation on move-on orders

What is the topic?

This petition opposes a proposed law that would give New Zealand Police the power to issue move-on orders. A move-on order is a directive requiring a person to leave a specific public place immediately. Currently, police can only issue such orders in limited circumstances, such as when someone is causing a disturbance or is intoxicated. The proposed legislation would broaden this power, potentially allowing police to order people to move on simply for being present in certain areas, such as city centres or near businesses, even if they are not committing a traditional crime.

Current situation in New Zealand

The petition arises from ongoing debates about public order, homelessness, and the role of police in social welfare. In recent years, there has been increased public discussion regarding visible homelessness and begging in urban areas. Some local councils and business groups have called for stronger tools to manage public spaces, arguing that current laws are insufficient to address nuisance or safety concerns. Conversely, advocacy groups for the homeless and civil liberties organisations have raised concerns about the potential impact on vulnerable populations. The New Zealand Police have historically used existing powers under the Summary Offences Act 1981 and the Policing Act 2000 to manage public order, but the scope of these powers is currently narrower than what is being proposed.

Arguments in favour of the petition

• Criminalising survival: Critics argue that move-on orders would effectively make it an offence to be homeless or to beg, as refusing to move could lead to fines or arrest. This punishes people for their circumstances rather than their actions.
• Increased hardship: Forcing people to move without providing alternative support or housing may push them into more dangerous or isolated situations, potentially increasing their vulnerability to exploitation or further crime.
• Abuse of power: There are concerns that broad discretionary powers could lead to inconsistent or biased enforcement by police, disproportionately affecting Māori, Pasifika, and other marginalised communities.
• Support over punishment: Advocates argue that social issues like homelessness require social solutions, such as increased housing, mental health support, and welfare assistance, rather than police intervention.

Arguments against the petition

• Public safety and order: Supporters of the legislation argue that move-on orders are a necessary tool to maintain safe, clean, and orderly public spaces for all citizens, including those with disabilities or phobias who may feel threatened by visible homelessness.
• Business impact: Some business owners argue that persistent begging or loitering near their premises deters customers and creates an unsafe environment, and that current laws do not give them adequate protection.
• Police discretion: Proponents argue that police are trained to use such powers responsibly and that move-on orders are a low-level intervention that can de-escalate situations before they become more serious.
• Existing gaps: Some argue that without the ability to issue move-on orders, police are unable to effectively manage public spaces, leading to a perception of disorder that undermines community confidence.

Relevant context

New Zealand has existing laws that allow police to intervene in public order issues, but these are often limited to situations involving immediate harm, disturbance, or specific offences like drunk and disorderly behaviour. The proposed legislation would expand these powers. According to the Ministry of Business, Innovation and Employment (MBIE), homelessness in New Zealand is a complex issue influenced by

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