Controversial “move-on” legislation passes third reading, under urgency

Report from RNZ by Lauren Crimp
The government’s controversial move on orders legislation has passed its third reading in Parliament, under urgency.

It means police will soon have the power to order people to move elsewhere if they are being disorderly, begging or rough sleeping.

Anyone disobeying the order will face a fine or possible jail sentence.

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

Its recent report recommended a change so people under 18 years old could not be subjected to a move on order.

The first iteration of the law applied to people as young as 14.

More than 98 percent of those who submitted on the legislation were against it, describing it as morally indefensible, unnecessary and a breach of the Bill of Rights.

Some said it criminalised homelessness.

One of the very few submitters in support said the system currently had no teeth to deal with aggressive and non compliant behaviour.

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

They would not criminalise homelessness, he said.

“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.”

During the final debate in Parliament on Friday, Goldsmith said public places belonged to everyone, and should be welcoming, accessible and safe.

“Yet for too many New Zealanders, that has not been the case for a while,” he said.

“This legislation represents part of this government’s efforts to turn that around.”

‘Shameful day’ – Opposition
Labour’s Camilla Belich said the bill targeted the country’s most vulnerable people and did not give them the help they needed.

“This is a very, very shameful day for our Parliament,” she said.

The Greens’ Tamatha Paul agreed, labelling the law cruel and disgusting.

She argued the law did criminalise homelessness.

“[The government] did not even attempt to address the root factors of why there is record level homelessness in this country,” she said.

“If only this House would not be so ignorant, and would listen to the actual people who are working on the front line, and what they have told us will work.”

The Greens put forward a change requiring the Ministry of Social Development to provide assistance to everyone who was issued a move on order, but it was voted down.

ACT MP Todd Stephenson supported the bill.

“We inherited a mess in law and order, and this is yet another tool that we’re putting in place to deal with antisocial behaviour,” he said.

Stephenson claimed ACT secured changes to the bill, including the age change.

New Zealand First’s Casey Costello said similar concerns that the law would not work were aired over the government’s gang patch ban.

“Actually, as we see in the streets, it has worked perfectly,” she said.

“This bill takes our streets back, it gives an opportunity to put some commonsense tools in the hands of police.”

Te Pāti Māori MP Oriini Kaipara said her heart was heavy, and she had on Friday morning received messages from street whānau.

“[They said] please, save us, if this Bill goes through our lives will be ten times worse.”

She urged the government to address the root causes of homelessness.