Police given new powers to 'move on' beggars, rough sleepers

The Oval tent village. PHOTO: GREGOR RICHARDSON
Rough sleepers at the Oval tent village in Dunedin. PHOTO: GREGOR RICHARDSON
By Giles Dexter of RNZ

The government has confirmed it will give police the power to issue move-on orders - not just in Auckland, but all town centres across the country.

The powers will mean police can move on rough sleepers or people displaying disorderly behaviour as young as 14 years old.

That is despite data showing public order, health and safety offence proceedings reaching levels much lower than they were a decade ago, and the police minister expressing a reluctance towards police leading a homelessness response in Auckland's CBD and an expectation other agencies "step up and own" social issues.

Last November, it was reported the government was considering measures to move homeless people out of Auckland's city centre.

At the time, the prime minister said the government was "up for those", but there had to be supports in place for the homeless.

Now, Justice Minister Paul Goldsmith and Police Minister Mark Mitchell have revealed details of the policy, confirming it will be rolled out everywhere, and it will be left to police officers to decide what support a person needs, if at all.

Goldsmith said New Zealand's main streets and town centres had been "blighted" by disruption and disturbance, with businesses "declining" as bad behaviour went unchecked.

He said police officers currently had limited options to respond, particularly if behaviour did not reach the level of offending.

"It means many disruptive, distressing and potentially harmful acts can occur before officers have any means of intervention. It doesn't make sense," he said.

Justice Minister Paul Goldsmith. Photo: RNZ
Justice Minister Paul Goldsmith. Photo: RNZ
The government will amend the Summary Offences Act to give police the power to issue move-on orders to people who are displaying disorderly, disruptive, threatening, or intimidating behaviour.

They will also apply to people who are obstructing or impeding someone entering a business, breaching the peace, begging, rough sleeping, or displaying behaviour indicating an attempt to inhabit a public place.

The orders will require someone to leave that area for a specified time - up to 24 hours - and distance determined by the officer.

When the order is issued, the person will be warned it is an offence to breach it, unless they have a reasonable excuse for being there. The penalty for a breach would be a maximum fine of $2,000 or up to three months imprisonment.

Specifics on where people could be moved to were light.

Mitchell said someone would be required to move to a "reasonable distance" away from the area, "as specified by the constable."

He said every situation would be different, and police had the expertise to assess and determine what support would be required.

"They do this every day," Mitchell said.

Officers were familiar with their area and already had strong networks and partnerships with social and housing services, and Mitchell expected police would work closely with these services as the frontline operational guidance was developed.

However, emails released to RNZ under the Official Information Act showed Mitchell's office expressing a reluctance for police to lead a homelessness response in Auckland's CBD.

In the email, dated 5 November, a staff member said: "Feel it is important just to flag that Minister Mitchell does not believe that police has a leadership role in this and has in the past ended up picking up the work of other agencies, which stretches their resources in other areas."

Police Minister Mark Mitchell Photo: RNZ
Police Minister Mark Mitchell Photo: RNZ
The staffer said police "obviously" had powers that others did not, and would assist, but Mitchell was "very keen to disabuse anyone of the notion that Police will lead a response to homelessness."

"Police are already doing good work to curb offending in the CBD. Minister Mitchell's view is that this needs to be cross agency work led elsewhere, with police continuing to do their part on the offending piece, but that the social issues require other agencies to step up and own those issues."

The emails showed the government was considering adding in a commitment regarding antisocial behaviour to the Auckland City Deal, with police and Internal Affairs working with the Council to "support enforcement tools and powers, including strengthened bylaws and legislative change, where required."

Mitchell's staffer said they were "slightly frustrated" that the wording had progressed somewhat quickly, "as it looks to me like police may end up carrying a leadership role - acknowledge that this may end up having to be feedback on the CRD paper when it comes through, but I doubt Minister Mitchell would support that wording as framed."

The changes will have to go through a legislative process before coming into effect.

Police data shows public order, health and safety offence proceedings in Auckland City were at a 10-year low in 2025, with just 39 proceedings in December 2025 compared to 168 in December 2015.

Nationwide, there were 428 public order, health and safety offence proceedings in December 2025, compared to 1663 in December 2015.

Earlier this year, the Wellington City Mission said it would actively oppose any move-on orders if they were implemented without support services.

When they were first mooted in November, the Auckland City Mission said any enforcement approach would be "totally and utterly ineffective", while Green Party co-leader and Auckland Central MP Chlöe Swarbrick said moving homeless people out of the city centre would only shift the problem elsewhere.