What are Move-on Orders?

Parliament is considering the Summary Offences (Move-on Orders) Amendment Bill. The proposed changes would significantly expand Police powers to issue move-on orders to people from public spaces, including people experiencing homelessness.

If passed, Police would have greater authority to direct people to leave an area, with stronger penalties for those who do not comply.

What would the Bill do?

Under the proposed law, an officer could issue move-on orders if they suspect someone has been acting in a disorderly, threatening, or disruptive way.

This law would also allow officers to move on people who are begging, setting up shelters in public spaces, sleeping rough, and blocking access to a business.

A move-on order would require someone to leave the area for a specified period of time and remain a reasonable distance away.

Failure to comply could result in a fine of up to $2,000 or up to three months imprisonment.

The proposed changes would also apply to people as young as 14.

Why has this Bill been proposed?

The Government says the Bill is intended to improve public safety by giving Police additional tools to respond to anti-social behaviour in public spaces.

Supporters believe move-on orders could help address concerns around rough sleeping, begging, and access to businesses.

Why are some people concerned?

Not everyone agrees that move-on orders are the right response to homelessness and rough sleeping.

While the Bill aims to address behaviour in public spaces, critics argue it does not address the underlying reasons why people are there in the first place. For many of them, having to live and sleep in public spaces is not a choice; those spaces are a necessary means of survival.

Some of the concerns raised about the Bill include:

Criminalisation of poverty and homelessness

Forcibly displacing people from public spaces punishes them for experiencing material hardship. This treats homelessness as a public order problem, not a public health concern.

Data from the Ministry of Housing and Urban Development’s report on homelessness shows that many areas in Aotearoa are experiencing a significant increase in people living without shelter ^[1]. To increase potential for criminalisation of those people who have nowhere else to go is a cruel and dehumanising approach to a growing issue.

Rangatahi disadvantaged

Māori make up over half of those experiencing some form of homelessness ^[2]. A significant portion are rangatahi Māori, which means they will bear a disproportionate share of those who are issued move-on orders.

Evidence shows that early contact with law enforcement increases the likelihood of further involvement in the justice system ^[3].

This Bill would create another unnecessary pathway for rangatahi to come into contact with law enforcement simply because they are experiencing homelessness.

Structural discrimination

When a law gives broad discretionary power to police, and when poverty and homelessness are not distributed equally across our society, the outcomes will not be neutral.

Māori, Pacific peoples, people with disabilities, and those with mental health needs will be moved on at higher rates. When systemic challenges push people into these circumstances, bills like this only exacerbate inequities and compound discrimination.

Weak evidence base

The government has not made a convincing case that move-on orders work.

Evidence from Australia, where similar powers have been in place for years, shows no meaningful reduction in homelessness or improvement in public safety. What the evidence does show is increased harm to vulnerable populations and significant costs to the justice system. We should not be importing a failed approach and calling it a solution.

Failure to address root causes

The people affected by this Bill are sleeping rough, sitting in doorways, or gathering in public places because they cannot afford housing, because mental health services are underfunded, because addiction support is inaccessible, because the safety net has holes in it. Move-on orders address none of these underlying factors. They give the appearance of action by shifting the problem out of sight. But this only adds to the multiplicity of hardships experienced by those without adequate shelter.

Hāpai Te Hauora’s position

We believe that if the government is serious about creating safe and welcoming public spaces for everyone, it should invest in the things that address the causes of homelessness, including:

• Housing
• Healthcare and public health services
• Genuine social support

We believe expanding Police powers to move on people experiencing material hardship does not address the underlying causes of homelessness. Long-term solutions should focus on supporting people into stable housing and connecting them with the services they need.

Have your say

Remember, your voice counts. Make sure to have your say.

Submissions close at 11.59pm, Thursday, 02 July 2026.

Share this information with your whānau and community to help others understand the proposed changes and encourage them to have their say.

References

1. Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development. (2025). Homelessness insights reports. https://www.hud.govt.nz/stats-and-insights/homelessness-insights-reports
2. Bailey-McDowell, L. (2026, June 15). Move-on orders will “criminalise children experiencing homelessness” – public health experts. RNZ. https://www.rnz.co.nz/news/te-ao-maori/598256/move-on-orders-will-criminalise-children-experiencing-homelessness-public-health-experts
3. Foster, K., Friesen, M. D., & Walton, D. (2024). A national New Zealand study of childhood non-offending contact with police and later offending in adolescence. Children and Youth Services Review, 161, 107660. https://doi.org/10.1016/j.childyouth.2024.107660