Move-on orders 'shift the problem' as advocates warn of harm to those already struggling

Māori advocates and health leaders say the government's move-on orders push homelessness out of view rather than addressing the conditions driving it.

The government announced in February their plans to amend the Summary Offences Act to give police the power to direct people to leave a public space for up to 24 hours.

Breaching an order risks a fine of up to $2000 or a three-month jail term.

The powers would apply to rough sleeping, begging and behaviour deemed "disorderly," and could be used on anyone aged 14 and over.

However, advocates and public health leaders have slammed the change as "mean-spirited" and "missing the mark", saying it will harm those already struggling.

Hāpai Te Hauora Chief Operating Officer, Jason Alexander (Ngāpuhi), said you can't "enforce your way out of homelessness".

"Using move-on orders may reduce what is seen in parts of the CBD, but it does not reduce homelessness. It shifts the problem without addressing why people are there in the first place."

He said homelessness is a public health issue, not a public nuisance.

"In public health, we use the analogy of the sign at the top of the cliff rather than the ambulance at the bottom," he told RNZ.

"With this, it's sort of like they've already fallen off the cliff - that's them being homeless - and now the police are coming along and asking them to move over a bit because we don't want to see it."

He said it ignores the real question: "Why are people homeless?"

"A lot of our homeless suffer from addiction. A lot have mental health issues. They end up on the streets because of things like domestic violence, trauma, or just financial stress," he said.

"We're still in the middle of a cost-of-living crisis. Those who were in crisis before have been pushed over the edge into homelessness.

"We should be asking what is pushing people into homelessness, not how quickly we can move them away from view."

Justice Minister Paul Goldsmith previously said the government was not criminalising homelessness.

"What we're criminalising is a refusal to follow a move-on order," he said at the time of the announcement.

"Our main streets and town centres have been blighted by disruption and disturbance. Businesses are declining as some bad behaviour goes unchecked. It needs to stop."

Alexander rejected the framing of the change as primarily about public safety.

"That framing almost suggests our homeless whānau aren't part of the public. They're part of us as much as anyone else is. It's not really concerned with their safety by just moving them on."

In Aotearoa, Māori are significantly over-represented in severe housing deprivation statistics. According to Stats NZ, while Māori make up about 17 percent of the population, roughly 31 percent of those experiencing severe housing deprivation are Māori. More than a third are tamariki under 15.

In some rohe (regions, the disparity is higher. Māori make up 84 percent of those severely housing-deprived in Gisborne and 61 percent in Northland.

Chief Executive of Hāpai Te Hauora, Jacqui Harema, said the figures pointed to deeper structural inequities.

"When Māori are consistently over-represented in homelessness statistics, it tells us the housing system is not delivering equitable outcomes," she said.

"The response needs to focus on the drivers of homelessness."

Alexander said those drivers included uneven access to stable housing, income security and rental opportunities. Research has also identified discrimination in the rental market, where applicants with Māori-identifying names receive fewer responses from landlords.

"When housing becomes scarce and expensive, those already facing these barriers are the first to feel the pressure."

When asked about 14-year-olds being subject to move-on orders, Alexander said most children sleeping rough were not there by choice.

"A 14-year-old usually isn't out on the street through their own choice. They're being impacted by a raft of issues - family violence, housing instability, poverty, breakdowns at home,"

"Telling them to move on is not resolving these issues. It's just kicking the can down the road.

"If you're 14, you should be enjoying your childhood, not worrying about day-to-day survival on the streets."

Alexander said the focus should shift.

"We should be asking what is pushing people into homelessness, not how quickly we can move them away from view," he said.

"Let's not just shift them along because it's inconvenient. Let's do everything we can to give them a hand up."

Youth advocates warn of 'criminalising' homelessness

National youth homelessness collective Manaaki Rangatahi said the new powers would make an already deteriorating situation worse.

Pou Ārahi Bianca Johanson said at least 112,500 people in Aotearoa were severely housing-deprived and many regions lacked supported youth housing.

"Move on orders do not move youth on to safety. They move them further underground, further from help, and further from any real chance at stability," Johanson said.

"These are not adults who have fallen on hard times. These are our young people."

Johanson said trust was central to its outreach work and enforcement risked destroying that relationship.

"When the state responds to a young person's visible presence in public with a fine, it sends one message: you are a problem to be moved, not a person to be supported."

Manaaki Rangatahi is calling for a fully funded National Youth Homelessness Strategy and "duty-to-assist" legislation requiring agencies, including Oranga Tamariki, to support those experiencing homelessness into suitable housing.

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