Tauranga MP Simon Bridges. Photo / File
Tauranga MP Simon Bridges stands by the view Tauranga City Council needs to prosecute beggars despite the council's proposal to remove the begging and rough sleeping provisions in the street use bylaw.
However, local social service providers say Bridges has "missed the point".
In November 2018, Tauranga City Council voted to ban begging and rough sleeping within 5m of public entrances to retail or hospitality premises in the Tauranga City, Greerton and Mount Maunganui CBDs.
Last month, it voted to get community feedback on removing the bans.
The council said in a statement on Mondayit did not think a bylaw was the "most appropriate" way of addressing the perceived problem in relation to begging and rough sleeping in Tauranga.
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Consultation on the street use bylaw comes to a close this week.
On Monday Bridges said he continued to support the council's bylaw.
But Tommy Wilson, of Te Tuinga Whānau, said it would be "pointless" to try to prosecute those with no means of supporting themselves.
"If you're going to prosecute someone that doesn't have any financial means to pay for the outcome of that prosecution, you are missing the point."
Wilson said Tauranga City Council should work with homeless support agencies to have a better understanding of what a beggar was.
"Council needs to get a clear understanding of what a beggar is, compared to what a street dweller is and then, what is a homeless person?
"They are distinctively three different categories of lost and lonely people living on our streets."
Wilson will be meeting with mayor Tenby Powell this week to discuss the bylaw, among other issues.
Tauranga Moana Night Shelter Trust manager Annamarie Angus said it would be "terribly punitive" to prosecute beggars.
"It would be putting an already vulnerable and at-risk group of people at further risk," she said.
"It would clog up our justice system with people that are more vulnerable than criminals ... I think it's one of the worst ideas I've ever heard.
"The council and all the people working in that area ... need to work together to find a solution."
This would include relaxing criteria so that vulnerable people could access services to get more support, she said.
Davina Plummer, the community ministries manager from the Salvation Army, said everybody had the right to shelter under the United Nations Convention on Human Rights.
"We believe that people need support, and many of those who are on the streets require wraparound support as well.
"Some need mental health [support], some need addiction support, and some need support through trauma, so for us, we would like to see the full wraparound support provided for people in need."
Mount Maunganui barrister Michael Sharp believed there was no way the council would be able to enforce a fine and staff did not have the power to forcibly remove individuals who were breaching the bylaw.
If the individuals do not move willingly when asked to, the only option for the council is to apply to the court to serve them with a court order.
"It's pretty difficult for the council to enforce those bylaws," he said.
"They can try to fine them, but there are no set fines in the bylaws."
Sharp said this would make prosecuting people "fairly difficult" to be effective.
Bridges had earlier said the council should "stick to their guns" amid a legal challenge from the Tauranga Housing Advocacy Trust, which said the bylaw was illegal.
"Retail shoppers and most Tauranga people are fed up with being harassed and with feeling unsafe when out and about in our retail centres."
The council is proposing to remove the begging and rough sleeping provisions in the street use bylaw. Consultation closes this Friday at 5pm.
Copies of the draft legislation are available from the customer service centre at 91 Willow St, in libraries, or on the council website.