‘Cruel and dangerous’: Move-on orders now enforceable, 11 days from election

Police can now order rough sleepers and beggars off the streets, and Pacific advocates say Pasifika, who make up nearly a quarter of the country’s homeless, will bear the brunt.

Aaron Hendry, the head of youth organisation Kick Back, says the law is cruel.

On Pacific Mornings, host William Tureti asked Hendry what he makes of the orders now they are in place.

“Through this whole process, we have been incredibly concerned about the impact of these move-on orders. It’s cruel and dangerous for the government to have implemented them.”

He says the orders are a response to a homelessness crisis made worse by government decisions, including making emergency accommodation harder to get, and people asking for help being turned away from Work and Income.

Move-on orders became enforceable on Sunday. Police can direct anyone who begs, sleeps rough or behaves in a disorderly way in a public place to leave an area for up to 24 hours. If they refuse, or return within that time, they face a fine of up to $2000 or up to three months in prison.

Listen to Aaron Hendry's full interview below.

Ministry of Housing and Urban Development figures show Pacific people make up 22.6 per cent of those experiencing homelessness, despite being about 9 per cent of the population.

With the election just 11 days away, Tureti asked Hendry where the parties stand.

Hendry says last week Kick Back released 12 steps a government could take to end youth homelessness, including repealing the orders.

Latest government figures show there are more than 19,000 people on the housing waitlist. Photo/RNZ/Luke McPake

“The Opportunity Party, the Greens and Te Pāti Māori have committed to completely repealing the move-on orders and Labour have committed to removing rough sleepers from the bill.”

Labour’s position is to remove rough sleeping and begging from the law entirely. Labour’s housing spokesperson Kieran McAnulty says the orders do nothing to house people.

“It doesn’t create a single new bed, it doesn’t provide support, and it doesn’t deliver a permanent roof over someone’s head… It just shifts the problem from the CBD to people’s neighbourhoods.”

National’s Justice Minister Paul Goldsmith rejects the criticism, saying move-on orders do not criminalise homelessness.

“They simply provide police with an additional tool to deal with people displaying disorderly behaviour in public places. Only people who refuse those orders will face prosecution.

“Businesses, residents and visitors are paying the price for unprecedented levels of disruption.”

Danielle LeGallais, a criminal defence barrister and co-founder of Sunday Blessings food bank in Auckland, says the law is vague.

Listen to Danielle LeGallais' earlier interview below.

“The law has been extremely unclear from the outset, when it first was announced on February 22, right up until now.”

LeGallais has told PMN the question for Pacific street whānau is simple.

“Where is a safe space where they can go, where they won’t be harassed by police.”

Green MP Tamatha Paul says the law does not even attempt to address the root factors of homelessness. A Green amendment to the bill requiring the Ministry of Social Development to offer help to everyone given an order was voted down.

ACT’s votes were needed to pass the bill, and the party sided with Labour, the Greens and Te Pāti Māori on narrowing the definition of begging and the rules on returning to an area. It also pushed to exclude children, and the final law only applies to people aged 18 and over.

Hendry says it is time to act.

“Homelessness is a crisis. We can build a society where everyone has a safe place to live. We don’t have to accept this.”

The general election is on Saturday, 7 November. Advance voting opened on Monday, 26 October.