Hon Paul Goldsmith
Minister of Justice
Hon Mark Mitchell
Minister of Police

The Government is providing police with the power to issue move-on orders as a tool to deal with disorderly behaviour in public places, Justice Minister Paul Goldsmith and Police Minister Mark Mitchell say.

“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, becoming places of intimidation, and dysfunction,” Mr Goldsmith says.

“Our main streets and town centres have been blighted by disruption and disturbance. Businesses are declining as some bad behaviour goes unchecked. It needs to stop.

“Currently, police officers have limited options to respond, particularly when it doesn’t reach the level of offending. It means many disruptive, distressing, and potentially harmful acts can occur before officers have any means of intervention. It doesn’t make sense.

“Our government is committed to fixing the basics in law and order, and building a future where shoppers, visitors, residents and their families can feel safe in our communities,” Mr Goldsmith says.

Therefore, the Government has agreed to amend the Summary Offences Act, to provide police with the power to issue move-on orders to people who are:

• Displaying disorderly, disruptive, threatening or intimidating behaviour.
• Obstructing or impeding someone entering a business.
• Breaching the peace.
• All forms of begging.
• Rough sleeping.
• Behaviour indicating an intent to inhabit a public place.

These orders will:

• Require a person to leave a specified area for a specified amount of time, up to 24 hours.
• Require a person to move on a reasonable distance from the area, as specified by the constable.
• Apply to people aged 14 or older.
• Be issued in writing, as is operationally appropriate.

“This is about public safety and providing our frontline with additional enforcement powers to ensure the public can feel and are safe,” Mr Mitchell says.

“In terms of where people will be move on to, they will be required to move a reasonable distance away from the area, as specified by the constable.

“Naturally, every situation will be different. Some people may require support services, some may not. Police have the expertise to assess and determine what support is required, if any – they do this every day.

“Our police officers are familiar with the locations they work with and already have strong networks and partnerships with social and housing services. I expect Police will work closely with these providers as they develop their operational guidance for the frontline,” Mr Mitchell says.

NOTES:

• These amendments to the Summary of Offences Act will be subject to a legislative process before coming into effect.
• When a Police officer issues a move-on order, they will be required to warn the person that it is an offence to breach the order, unless the person has a reasonable excuse for being there.
• The penalty for breaching a move-on order will be a maximum $2,000 fine or up to three months imprisonment.

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