Controversial move-on legislation passes final reading in Parliament

Sleeping rough, a common sight on the streets of Auckland.

Police will soon be able to issue move-on orders after the controversial legislation passed its final reading in Parliament today.

The Bill, announced by the Government in February, will give police the power to issue "move on orders" to people displaying disorderly, disruptive, threatening or intimidating behaviour; obstructing or impeding someone entering a business; and those breaching the peace.

Parliament's Justice Select Committee which includes MPs from most parties had been considering the legislation for months, hearing submissions from agencies including police, social service organisations and legal experts.

The orders had been marred by some controversy around the exact wording, and was opposed by the Greens entirely, while Labour wanted further changes to resolve its concerns about the criminalisation of begging and rough sleeping.

Today, Justice Minister Paul Goldsmith said the orders would "reclaim our streets and town squares for the enjoyment of those who visit, work and live there".

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"Businesses, residents and visitors are paying the price for unprecedented levels of disruption. Many are just trying to make a living, but have to face people camped outside their store, day in day out," he said.

"We have many tools to help those who are in need, including access to one of the most generous welfare systems in the world. What we don’t have are effective tools to deal with disorderly behaviour."

These orders – applying to those aged 18 and over – were not a criminal charge, but would require a person to leave a specified area for a specified amount of time up to 24 hours.

Refusing to comply with a move-on order could be punished with either a fine of up to $2000 or a maximum of three months in prison.

Justice spokesperson Paul Goldsmith.

However, a person issued a move-on order for begging or rough sleeping could return to the area - so long as they do not do any of the behaviours prohibited by the Bill.

They would also require a person to move on a reasonable distance from the area, as specified by the constable.

The orders must be issued in writing or electronically, as was "operationally appropriate".

Goldsmith added: "Move-on orders do not criminalise homelessness".

"They simply provide police with an additional tool to deal with people displaying disorderly behaviour in public places. Only people who refuse those orders will face prosecution. A move-on order is not a criminal charge.

“New Zealanders are fair-minded people, and our culture is one where we seek to help those who are in need. But that doesn’t mean we should accept our city centres, particularly our showcase tourist spots, as places of intimidation and dysfunction.

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