Government gives police ‘move on’ powers to ban rough sleepers, beggars

Sunday, 22 February 2026

The Government is giving police the power to issue ‘move-on’ orders to ban rough sleepers for up to 24 hours, a move Police Minister Mark Mitchell calls a “public safety” measure.

The Summary Offences Act will be amended, to provide police with the ability to ban people who are rough sleeping, begging, obstructing a business, or displaying disorderly or threatening behaviour.

The banned individual would have to move “a reasonable distance” from the area, as specified by the police officer. It would apply to people aged 14 and older and the penalty for breaching the order would be a maximum $2000 fine or up to three months in prison.

“This is about public safety and providing our frontline with additional enforcement powers to ensure the public can feel and are safe,” Mitchell said in a statement on Sunday.

“In terms of where people will be moved 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.”

‘Streets blighted by disruption’

Justice Minister Paul Goldsmith suggested that police needed the additional powers to support businesses struggling with disruptive behaviour.

“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,” Goldsmith said on Sunday.

“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.”

The Prime Minister had already hinted at move-on orders, to make Auckland’s CBD a safer and more attractive place to visit.

“We are going to solve the problem,” Christopher Luxon said in November.

“We're determined that we need the Auckland downtown CBD to be safer, less intimidating, and we also will consider move-on orders, but we don't want to just move people around to different parts of the city.”

An open letter with more than 30 signatures - representing charities, churches and law practices - urged the Government to abandon the idea of a ban on rough sleepers, suggesting the impact of such a policy would be 'devastating'.

“We are calling on the Government to ‘bin the ban’,” Kick Back youth worker Aaron Hendry said in November.

“We are very concerned about the harm this is going to have on our people, especially Kick Back is very concerned about the impact this will have on tamariki.”

Labour leader Chris Hipkins, at the time, suggested it would be a heavy-handed move.

“People who are homeless on the street often have complex needs, so we need to focus on addressing those complex needs, rather than taking a blunt approach of just booting them out of the CBD.”

The ‘move-on’ orders will be subject to a law change in Parliament.