Police will soon be given the power to issue move-on orders in public places with the legislation passing its final reading, under urgency, in Parliament on Friday.
The Summary Offences (Move-on Orders) Amendment Bill has faced significant scrutiny from those working with homeless people and rough sleepers over its potential impact on those who seek shelter in public places.
Minister for Justice, Paul Goldsmith, says, however, that he believes the move-on orders will reclaim streets and town squares for “the enjoyment of those who visit, work and live there”.
“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 says.
He also disagrees with claims that it will criminalise homelessness.
“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,” he says.
In Goldsmith’s statement, it says under the legislation police will have power to issue move-on orders to:
- Begging that unreasonably interferes with the use or enjoyment of a public place.
- Rough sleeping.
- Displaying disorderly, disruptive, threatening or intimidating behaviour.
- Obstructing or impeding someone entering a business.
- Breaching the peace.
- Behaviour indicating an intent to inhabit a public place.
These orders will:
- Apply to people aged 18 or older.
- Require a person to leave a specified area for a specified amount of time, up to 24 hours. However, a person issued a move-on order for begging or rough sleeping can return to the area so long as they do not do any of the behaviours prohibited by the Bill.
- Require a person to move on a reasonable distance from the area, as specified by the constable.
- Be issued in writing or electronically, as is operationally appropriate.
