Begging and rough sleeping in sights of new police move-on powers, despite official advice

Thursday, 14 May 2026

Justice Minister Paul Goldsmith has introduced legislation allowing police to issue 24-hour move-on orders to anyone aged 14 or older displaying disorderly behaviour, begging or rough sleeping in public.

The move contradicts advice from Ministry of Housing officials, which said that move-on orders are an inappropriate and ineffective response to homelessness.

Goldsmith said other resources are available for people experiencing homelessness.

Justice Minister Paul Goldsmith says the Government is not criminalising homelessness, despite introducing legislation that will enable police to order rough sleepers to move elsewhere.

“What we're criminalising is refusal to follow a move on order,” he said.

The Government introduced legislation on Thursday that will allow police to issue move-on orders, forcing people to leave public spaces for up to 24 hours.

The amendment to the Summary Offences Act will apply to anyone aged 14 or older who is found behaving in a disorderly, intimidating, threatening or disruptive manner, breaching the peace, obstructing access to businesses, begging or rough sleeping.

“The government is determined to reclaim our streets and our town centres for the enjoyment of people who live there and who work there and who visit there. For the last few years, there's been particularly a sense of disorder on our streets, and we want to change that,” Goldsmith said.

The inclusion of rough sleepers comes despite advice from Ministry of Housing officials, released under the Official Information Act, that move-on orders are an “inappropriate and ineffective response to homelessness”.

Goldsmith also received advice from justice officials that there is a 'lack of empirical evidence“ suggesting the orders would reduce crime rates.

Speaking on Thursday, Goldsmith said the law is about creating tools “to deal with the small number of people who refuse to take [help] and create disorder for everybody else.”

Asked about advice from officials noting the law could mean rough sleepers are moved on from well-lit spaces, increasing the risk that they will become victims of predatory crime, Goldsmith said he is generally concerned that sleeping outdoors is not a safe place to be.

“The Government, in the broader sense, has got a lot of effort and puts a huge amount of resource into helping those people who are in need. But we also need to have some tools available to those who create an environment which is unwelcoming for people who live there,” he said.

Associate Housing Minister Tama Potaka said he expects operational guidelines will emerge, meaning police will work closely with community housing providers and others to make sure that the relevant supports are given to people experiencing homelessness.

Under the proposed law, a police officer will be able to order a person to leave a specified area and move a 'reasonable distance' away. The order could be issued in writing or electronically.

While the order itself was not a criminal charge, anyone who breaches the instruction to stay away could face prosecution. The maximum penalty will be three months imprisonment or a fine up to $2000.

Goldsmith said the streets have endured 'unprecedented levels of disruption' in recent years, leading to many people no longer wanting to visit central cities.