Officials warn move on orders will make homelessness worse
Friday, 13 March 2026
Officials have warned move on orders will make homelessness worse, while an estimated six people will be imprisoned every year and up to 818 cases taken to court.
A regulatory impact statement, which included the views of a range of government agencies, criticised the proposed move on orders, saying it could deepen the social and financial hardship experienced by beggars and rough sleepers, and push housing further out of reach.
It estimated that between 9000 and 15,000 people would be moved on each year. If 12% to 20% breached the order, this could result in between 207 and 818 additional court cases.
The policy change would mean six people locked up in a year.
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The statement advised the Government would need to increase its prison funding if the proposal became law, with every additional prisoner costing $120,000.
More prisoners could result in a need for more infrastructure, with the prison network already at very limited capacity.
An increase in court cases would put additional costs on the Ministry of Justice and impact court timeliness, the statement said.
People moved on for begging would find it difficult to meet basic living costs, and it was unlikely a person fined could afford to pay the fine, even over a long period.
The Ministry of Justice disagreed with the severity of the proposed penalties - three months imprisonment or a $2000 fine - arguing it was disproportionate to the harm caused and would create inconsistencies with the law.
The same punishment is given to supplying or dealing in a Class C controlled drug, wilful damage, indecent exposure, and resisting police.
“Imprisonment should be reserved for the severest offending where the person intentionally, knowingly, or recklessly committed the act,” the Ministry of Justice wrote.
The ministries of Social Development (MSD) and Housing and Urban Development (HUD) said move on orders would distance homeless people from support services and accommodation options.
“It would effectively criminalise them, as breaching a move-on order may be necessary to access services or somewhere safe to sleep.”
There was limited evidence that the orders were required for public safety or would be effective in preventing harmful events.
It also expressed concern that the penalty was disproportionate to the problem and would unfairly burden those least able to pay.
Māori and Pacific people, people with mental health needs, young people, disabled people and people experiencing poverty and addiction would be disproportionately affected, it found.
Oranga Tamariki also did not support the move-on orders.
It said existing youth justice responses were age-appropriate and effective at dealing with offending for those aged 14 to 18.
The approach is inconsistent with the general government approach to avoid criminalising young people.
Justice Minister Paul Goldsmith said that while officials provide a range of advice and potential outcomes, it was for the elected Government to decide what to do.
“Just like the gangs legislation, which prompted similar warnings, we have every confidence police can operationalise this in a way that that’s highly effective.
“This is about reclaiming our streets and our city centres for the enjoyment of everybody who visits, works and lives there,” he said.
Only people who refused to move on would face prosecution.
“A move on order is not a criminal charge.”
This story has been updated to include more comment from Paul Goldsmith. Story updated March 13, 9.06am.