Ministers decide on ‘move on’ powers but keep decision secret
Wednesday, 7 January 2026
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The Government has decided whether to introduce controversial “move on” orders - powers that could be used to force homeless people out of public spaces - but is refusing to say what that decision is.
Justice Minister Paul Goldsmith’s office confirmed Cabinet had made a decision on the proposal, and that an announcement would be made “in due course”.
The move-on orders first emerged publicly in November, when ministers acknowledged they were among the measures being considered to address concerns about antisocial behaviour and rising homelessness in city centres.
Documents obtained by The Post under the Official Information Act show Goldsmith has been examining move-on powers since at least August, when he was briefed on similar laws used in Australia and on a proposal titled “Safe Streets Bill”. Those briefings were withheld in full as “confidential advice”.
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The documents also reveal a draft Cabinet paper titled ‘Strengthening responses to public disorder ‘was circulated to ministers on November 7. That paper, too, was withheld.
Goldsmith’s office has confirmed Cabinet has now made a decision.
Homelessness has continued to rise, particularly in Auckland, which has become the epicentre of the country’s surge. The council’s most recent count shows the number of people living without shelter in the city has more than doubled in a year to almost 1000 - a figure advocates say is likely an undercount because homelessness is often hidden.
Auckland City Missioner Helen Robinson has called the situation a “crisis”, blaming in part the Government’s move to tighten access to emergency housing.
Business associations have also been meeting with ministers, calling for more support and action as visible rough sleeping increases in central city areas. They say there has also been a noticeable increase in antisocial behaviour, which is affecting some businesses’ trade.
In September, the Government announced funding for an extra 300 social homes through Housing First and $10 million for support services for people sleeping rough. Advocates welcomed the move but said it would not be enough to meet demand.
Documents show 12 days later, 10 ministers across the justice and social sectors met to discuss public disorder and homelessness - and they were warned against law enforcement.
A written briefing for that meeting warned that survival behaviours such as sleeping rough, or the visible symptoms of mental illness like psychosis, can make the public feel nervous or uncomfortable.
“However, police, councils and social service agencies have advised that law enforcement responses to these behaviours are generally ineffective responses to homelessness, which is best addressed through collaborative, place-based approaches,” the briefing said.
A partially released Ministry of Justice paper also shows ministers were told that while homelessness is increasing, police proceedings for antisocial behaviour are at a 10-year low.
“Nevertheless, there is a perception that public disorder is a prevalent issue in city centres undermining safe and thriving urban economies,” officials said.
They attributed that perception to media reports of people feeling unsafe, retailers reporting disorder, and rising crime on public transport.
In December, ministers and Auckland Mayor Wayne Brown released an action plan for the city centre, promising to make it a safe, welcoming and vibrant place. The plan included more outreach, changes to bylaws and a redesign of some public spaces.
However, it was light on detail, including how much it would cost, who would pay for it, and what new powers - if any - would be used to address concerns about public disorder and homelessness.
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