Rough sleepers in New Plymouth. Photo / RNZ
By Craig McCulloch of RNZ
Justice Minister Paul Goldsmith has batted away warnings from his officials that the Government’s proposed “move-on orders” could put vulnerable people at risk and pile hundreds more cases on the courts each year.
The powers announced in February allow police to direct rough sleepers or beggars out of an area at threat of a $2000 fine or up to three months in prison.
Newly released advice from government agencies strongly urged against the move, warning the proposal would cause significant hardship for already vulnerable people.
Justice officials noted a “lack of empirical evidence” that the orders would reduce crime rates and said they were “highly likely” to merely shift begging or rough sleeping to different locations.
“Vulnerable individuals such as young people, disabled people, and people experiencing mental health issues, could experience a greater risk of safety from being moved out of city centres.”
Those people might also find it harder to access support networks or services, officials said, and that steep fines would either deepen cycles of poverty or just go unpaid, resulting in further involvement with the justice system.
They said the penalties were “disproportionately high” and in line with those for “much more severe behaviour” such as careless driving resulting in death, indecent exposure, or resisting police.
“Applying such significant fines to people who were issued an order for begging, rough sleeping, or creating makeshift dwellings (suggesting little to no income) is neither appropriate nor proportionate.”
Officials also said the evidence for a growing public disorder problem was limited, noting police data showing prosecutions for such offences had declined in recent years.
Modelling, referenced in the regulatory impact statement, suggested the policy could result in somewhere between 200 to 800 additional court cases.
Officials said the increase would increase costs to the Ministry of Justice and could slow the progress of cases through the District Court.
They estimated it could result in an extra six people being imprisoned each year, at a cost to the state of $120,000 a year each.
Corrections warned the prison network already had limited capacity, and even small increases in the prison muster could trigger the need for new infrastructure.
RNZ earlier reported that key ministries, including justice and housing, had opposed the policy.
In a statement to RNZ, Goldsmith noted the advice from officials but said it was for the elected Government to determine how it moved forward.
“Just like the gangs legislation, which prompted similar warnings, we have every confidence police can operationalise this in a way that’s highly effective.
“This is about reclaiming our streets and our city centres for the enjoyment of everybody who visits, works and lives there.”
Goldsmith stressed that only people who refused the orders from police would face prosecution: “A move-on order is not a criminal charge.”
-RNZ