The ‘Summary Offences (Move-on Orders) Amendment Bill’ has passed its first reading in parliament, and is now open for submissions. This bill threatens anyone on the street, and anyone without a home, just for existing. You can submit against the Bill here.

The Move-on Orders bill allows police to require people who are not engaging in criminal activity with a warning that they must remain away from whatever area the warning is issued in for 24 hours, and if they do not comply they are threatened with a two thousand dollar fine or up to 3 months in prison.

“8A Power to issue move-on order

Grounds for issue

(1) A constable may issue a move-on order to a person if the constable has reasonable grounds to suspect that the person is engaging in, or has recently engaged in, any of the following conduct in a public place:

(a) behaving in a manner that is disorderly, intimidating, or threatening:

(b) behaving in a manner that is disruptive:

(c) unreasonably obstructing, hindering, or preventing someone from entering or leaving a place where a lawful trade, business, or occupation is being conducted:

(d) breaching the peace:

(e) begging: 

(f) rough sleeping or setting up personal possessions, makeshift shelters, or other structures indicating an intent to inhabit the public place.”

Begging includes passive forms, such as having a cup in front of you:

“begging—

(a) means requesting or demanding a donation of money, food, or other goods through—

(i) speech; or

(ii) other conduct, for example, holding a sign;”

In other words, if you do not have a place to sleep, there is no place that will be safe to set up the basics to be more comfortable. If you’re needing to ask strangers for help with food or other things, you would be at risk. Whether or not you are ‘disruptive’ depends entirely on whether or not the people around you are willing to tolerate your presence. 

There are already laws that criminalise anything actually harmful; this bill lowers the bar for putting obstacles in the way of our street whanau’s already difficult lives, and threatens to pull them into our justice system – a pit they will not be able to climb out of without support.

Submit against the Move-on Orders

We recommend people submit based on their personal experiences with incarceration, homelessness or supporting our street whanau, and how you expect this bill will affect people’s wellbeing.

You can submit against the Bill here.