New Zealand’s proposed Summary Offences (Move-on Orders) Amendment Bill has moved into the parliamentary process, setting up a nationwide debate over how police should respond to disruptive behaviour in public places. If the legislation is passed, officers would gain new powers to direct certain people to leave an area for up to 24 hours, with the Government arguing the change will help keep town centres, transport hubs and popular visitor areas safer.
The proposal forms part of the Government’s wider law-and-order agenda led by Justice Minister Paul Goldsmith and Police Minister Mark Mitchell. While supporters say the bill fills a gap between taking no action and making an arrest, opponents argue it could move vulnerable people from one location to another without addressing the reasons they are on the streets.
What the proposed law would allow police to do
Under the bill, a police constable could issue a written move-on order to a person aged 14 years or older if there are reasonable grounds to believe they are engaging in specified behaviour in a public place. The order could require the individual to leave a defined area and stay away for up to 24 hours.
The legislation lists several situations where the power could apply, including disorderly, threatening or intimidating behaviour, breaching the peace, obstructing access to businesses, rough sleeping, begging, or actions indicating an intention to occupy a public space. The proposal does not apply to lawful protests, freedom camping or legitimate charitable fundraising.
Penalties for ignoring a move-on order
A person who knowingly or recklessly fails to comply with a valid move-on order could face a maximum penalty of three months’ imprisonment or a fine of up to NZ$2,000.
Police would be expected to explain the order and warn the recipient about the consequences of breaching it. The bill also includes provisions allowing officers to temporarily detain someone for the limited purpose of confirming their identity before issuing the notice.
Why the Government says the changes are needed
Ministers say police currently have limited options when dealing with behaviour that causes disruption in public places but does not necessarily justify an arrest. They believe move-on orders would provide frontline officers with an additional tool to intervene earlier and reduce ongoing problems in busy commercial areas.
The Government has linked the proposal to efforts to improve safety in city centres, saying businesses, workers, residents and visitors should feel confident using public spaces without facing intimidation or repeated disruption.
Concerns raised by housing and legal advocates
Housing organisations, legal experts and community groups have questioned whether the proposal addresses the root causes of homelessness. They argue that directing people to leave one location may simply shift rough sleeping elsewhere instead of providing lasting solutions.
Some organisations have also raised concerns about the inclusion of young people aged 14 and over, saying long-term investment in emergency housing, mental health services, addiction support and stable accommodation would have a greater impact than enforcement measures alone.
Where the legislation stands now
The Summary Offences (Move-on Orders) Amendment Bill has passed its first reading in Parliament and is now being examined by the Justice Committee. It must complete the remaining stages of the legislative process before any of the proposed powers can come into force.
Anyone following wider developments affecting New Zealand communities can also find updates on the Christchurch boil water alert and its impact on local neighbourhoods.
More information about the proposed reforms is available through the New Zealand Legislation website.
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