Busking, busking … begging: Thin grey line in proposed move-on orders
Wednesday, 24 June 2026
Buskers could find themselves being forced on by police in an unintended consequence of proposed legislation designed to remove rough sleepers in public spaces.
The Wellington City Council analysis comes as latest government figures, released last week, show rough sleeping is down in Auckland and Christchurch - but up in Wellington from 145 in March 2025 to 163 in March 2026, while homelessness is relatively stable in the capital.
The council will this week vote on its submission to the Summary Offences (Move-on Orders) Amendment Bill, noting a range of issues with it, not least that it could force people – notably young people and women – away from safer from well-lit areas. If passed, the law will give police powers to move-on beggars and others for no criminal activity – though not complying could become criminal.
The council highlighted a situation under the legislation where charities collecting money to feed children would be allowed “but a parent under immediate pressure or falling between supports would be unable to ask for money in a public place”.
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“Some fundraising, not associated with registered charities, could also be captured by begging definitions. While the definition has one exemption, there would be several grey areas for example, the definition of begging appears to capture busking.”
Human rights barrister Tony Ellis said the council’s concerns appeared legitimate as there was an arguable overlap between busking and begging.
“The difficult cases lie in the middle,” he said.
“At one end, a person sitting silently with a, ‘spare change please’ sign is plainly begging. At the other, a professional street performer actively entertaining a crowd would ordinarily be described as busking.
“Between those examples there is a spectrum. A person who occasionally strums a guitar while primarily seeking donations may be characterised either way, depending on the facts.”
A spokesperson for Justice Minister Paul Goldsmith said busking was never meant to be caught up in the move-on orders and police would not enforce the law on buskers.
The bill defines begging as “an active or a passive request or demand for a donation of money, food, or other goods”.
“Hence, transactions where goods and services are exchanged for money (or vice-versa) are excluded from the ambit of move-on orders. The definition of begging also excludes charitable or not-for-profit fundraising by or on behalf of an organisation.”
The Post, in an effort to see how hard it would be for a beggar to get a Wellington City Council busking license, applied online on Tuesday. The process was free and a licence, valid for a year, arrived in under five minutes.
Wellington Central MP Tamatha Paul opposes move-in laws and labelled them a “poorly thought out solution which moves vulnerable people out of sight for another community to deal with”.
The uncertainty between busking and begging underlined how ill-considered it was, meaning police would have to use their own discretion.
“Uncertainty in legislation leaves a lot of risk for the officers who have to enforce the legislation using their own discretion,” he said.
“That’s where mistakes can be made, biases can come into play and complaints will be laid.”