The Government is rolling out move-on orders to target disorderly behaviour. Photo / NZ Herald
The Justice Minister is standing by the proposal for move-on orders, as documents reveal further concerns raised by Government agencies.
Documents proactively released by the Ministry of Justice show officials estimate up to six people a year could be jailed for non-compliance with the orders.
This has been questioned by Treasury, while police expect “significant costs” to roll out the policy.
The Government announced in February it’s proposing to give officers the power to issue move-on orders to deal with disorderly behaviour in public places.
People who don’t comply could be fined up to $2000 or face three months in prison.
The Bill to amend the Summary Offences Act has not yet had its first reading in Parliament.
Justice Minister Paul Goldsmith is backing the policy, saying officials provide a range of advice and potential outcomes.
“But it is for the elected Government to determine how it moves forward.”
Separate documents obtained by the Labour Party under the Official Information Act quoted Treasury saying it did not support the orders; “given the benefits of the proposal are not clearly evidenced and implementation will exacerbate justice sector cost pressures”.
Treasury also questioned the “highly uncertain” modelling suggesting six people could be jailed a year.
“It seems unlikely to withstand scrutiny, given the difficulties the most affected people may face in complying with move on orders.”
The Department of Corrections outlined how the prison network has limited capacity.
“Even a policy change with a small population increase beyond current projections, collectively with other policy changes and factors” is likely to engage the need for investment in further prison infrastructure “which would cost at least $300 million.
“Any new infrastructure to accommodate additional prisoner population impacts would take an average four to eight years to build and implement and may not be available until after the full policy impact takes effect.”
Corrections noted even a small increase in the prison population could trigger an increase in investment in prisons in the Treasury OIA.
Indicative estimates suggest it would cost $120,000 per prisoner per year, for those jailed for non-compliance.
Police said they expect “significant costs” as a result of the policy.
“If move-on orders are to be developed within baseline, then there could be significant impacts on the delivery of other core Policing functions,” officials said.
An aide-memoire written by Housing and Urban Development officials stated the department, and the Ministry of Social Development, both recommended the Government exercise “caution”.
“There is a significant risk that they could potentially penalise or criminalise homelessness or cause further harm to people experiencing homelessness.”
Officials were also “concerned” about the “limited data or evaluation” on move-on orders overseas.
In an email, Ministry of Justice staff called the orders “an effective tool for police to quickly de-escalate”.
However, a regulatory impact statement written by justice officials outlined four options:
The fourth option was preferred by the minister.
The Ministry of Justice preferred the status quo.
A separate document added the justice agency saw the offence for non-compliance having a “disproportionately high penalty”.
It also noted there may be benefits to business owners if the public are more likely to visit stores, but said potential benefits were “unclear”.
A separate proactively-released Cabinet paper in the name of Goldsmith stated increased public disorder impacting businesses and communities were causing many to “feel unsafe and stay away.”
It also stated that move-on orders may not resolve all cases of disorderly behaviour, “as moving people on from one location may displace the problem to another location”.
The paper stated police would continue to connect people with relevant social and health services where appropriate.
The paper recognised some people would be unable to pay.
“Unpaid fines can perpetuate cycles of poverty and homelessness, and lead to further contact with the justice system. Nonetheless, I believe this penalty will provide a strong deterrent to offending.”
Oranga Tamariki did not support move-on orders being applied to young people aged 14 to 18, and said existing models of care were appropriate.
Goldsmith said, just like the gangs legislation, which prompted similar warnings, the Government was confident in its policy.
“Police can operationalise this in a way that’s highly effective.”
He added the policy was about reclaiming the streets and city centres for the enjoyment of everybody. He reiterated only people who refuse the orders will face prosecution.
“A move-on order is not a criminal charge,” Goldsmith reiterated.
In an interview with Newstalk ZB, Labour’s housing spokesman Kieran McAnulty called the policy a “total crock”.
He said it would push the issue “from the CBD into people’s front yards”.
McAnulty said the policy was a “dumb idea”.
The Ministry of Housing and Urban Development told Newstalk ZB it would continue to work with other agencies to provide advice as amendments progress.
Azaria Howell is a multimedia reporter working from Parliament’s press gallery. She joined NZME in 2022 and became a Newstalk ZB political reporter in late 2024, with a keen interest in public service agency reform and government spending.