Key Takeaways
- The Summary Offences (Move-on Orders) Amendment Bill would allow police to issue move‑on orders to people sleeping rough, begging, or obstructing business entrances, with non‑compliance punishable by fines up to $2,000 or up to three months in prison.
- Public health and housing researchers warn the bill would criminalise homelessness, especially among vulnerable rangatahi as young as 14, creating a new pathway into the justice system.
- Evidence shows that homeless youth face heightened risks of hospitalisation, mental‑health struggles, lower school attendance, and an average life‑expectancy gap of 18 years compared with the general population.
- Māori are disproportionately affected, comprising more than half of those experiencing homelessness, a disparity linked to systemic discrimination and colonisation.
- Researchers and youth advocates argue that punitive measures displace young people to less safe areas, increase exposure to assault and exploitation, and hinder future housing, employment, and support opportunities.
- International models, such as Wales’ “Duty to Assist” legislation, treat homelessness as a housing‑system failure and focus on prevention and supported accommodation rather than policing.
- Youth housing collectives like Manaaki Rangatahi contend that move‑on orders push youth further from support networks and risk funneling them into the criminal justice system without addressing root causes.
- The bill is currently before Parliament’s Justice Select Committee and open for public submissions.
Overview of the Move‑on Orders Bill
The Summary Offences (Move-on Orders) Amendment Bill, now before the Justice Select Committee, grants police authority to issue move‑on orders to individuals who are rough sleeping, begging, obstructing business entrances, or showing intent to inhabit a public place. Failure to comply can result in a fine of up to $2,000 or a prison term of up to three months. Justice Minister Paul Goldsmith has stressed that only those who refuse to obey the orders would face prosecution, positioning the legislation as a tool for police to intervene early and protect public spaces for residents, workers, and visitors.
Public Health Concerns About Criminalising Homelessness
Public health and housing researchers from the Public Health Communication Centre argue that the bill would effectively criminalise homelessness among Aotearoa’s most vulnerable young people, including children as young as 14. They contend that the presence of rangatahi on the streets is usually driven by factors beyond their control—unsafe homes, family breakdown, poverty, unemployment, and limited support after leaving state care—rather than deliberate choice. By imposing penalties for non‑compliance, the bill creates a new pathway into the criminal justice system for youths whose primary need is housing, not punishment.
Disproportionate Impact on Māori Youth
The briefing highlights that Māori comprise more than half of those experiencing homelessness, a disparity described as stemming from systemic discrimination, colonisation, and ongoing government failures. The Waitangi Tribunal’s Kāinga Kore inquiry found that the Crown breached principles of active protection, equity, and good government in its response to Māori homelessness, especially regarding insufficient support for homeless rangatahi. This overrepresentation underscores that punitive measures risk exacerbating existing inequities rather than alleviating them.
Risks of Displacement and Increased Harm
Researchers warn that issuing move‑on orders to youths sleeping rough could push them from visible, well‑lit areas into more isolated locations, heightening their vulnerability to assault, exploitation, and victimisation. When there is nowhere safe to go, compliance with an order penalises young people for circumstances rooted in homelessness rather than addressing their housing needs. Such displacement may also fracture fragile support networks, making it harder for youth to access services that could stabilize their lives.
Creation of a New Justice System Pathway
By establishing a specific offence for failing to comply with a move‑on order, the bill introduces another entry point into the justice system for vulnerable young people. Fines, detention, or resulting criminal convictions can impede future efforts to secure stable housing, employment, or social support, creating a vicious cycle. Evidence indicates that adolescent contact with the justice system significantly raises the likelihood of later offending, suggesting that punitive approaches may worsen long‑term outcomes rather than improve them.
Housing‑First Alternatives and International Models
The briefing advocates shifting focus from policing to evidence‑based responses centred on permanent housing and wraparound support. It points to international approaches that treat homelessness as a housing‑system failure, notably Wales’ 2015 legislation that places a “Duty to Assist” on local housing and public authorities. This model obliges authorities to prevent or relieve homelessness for anyone seeking help, with special attention to high‑risk groups such as care leavers and young people. By framing homelessness as a symptom of wider trauma rather than a behavioural issue, such policies aim to address root causes rather than merely displacing the problem.
Voices from Youth Housing Advocates
Youth housing collective Manaaki Rangatahi echoed researchers’ concerns, warning that move‑on orders could push young people further away from support networks while increasing their contact with police. Pou ārahi Bianca Johanson described international “city sweeps” as ineffective, merely shifting the problem elsewhere temporarily before it returns. She expressed particular alarm about applying the bill to children as young as 14, questioning how police would verify age and what safeguards would protect traumatised rangatahi during interactions. Waikato regional connector Danielle Marks likened the orders to a pipeline into prison, noting that many youths lack the financial means to pay fines or even possess bank accounts and identification, making compliance unrealistic.
Current Legislative Process and Public Participation
The Summary Offences (Move-on Orders) Amendment Bill remains open for public submissions through the Justice Select Committee. Stakeholders—including public health experts, iwi organisations, youth advocates, and business groups—are invited to submit feedback before the bill proceeds further. The outcome of this consultation will shape whether New Zealand adopts a punitive approach to street homelessness or pivots toward supportive, housing‑first strategies that align with international best practice and the Treaty of Waitangi obligations to protect vulnerable rangatahi.