Retail NZ to monitor move-on order effects as police gain enforcement powers
Retail NZ says it will closely monitor the use of move-on orders from today, when new police powers to issue them come into force.
In February, the Government introduced legislation giving police new powers to issue move-on orders to people aged 14 and over “displaying disorderly, disruptive, threatening or intimidating behaviour” in a certain area, while requiring them to stay a reasonable distance away for up to 24 hours.
Parliament passed the amended law under urgency last month after months of debate, excluding under-18s and limiting some of its scope while retaining police powers to move people on for certain conduct.
Non-compliance could bring a maximum $2000 fine or three months’ imprisonment.
With move-on orders coming into effect today, Retail NZ chief executive Carolyn Young said retailers have struggled to find ways to address disorderly and abusive behaviour outside stores.
“All Kiwis want safe shopping environments, and we support police having the tools and resources they need to respond when people are acting in a disruptive, disorderly or threatening manner,” Young said.
“However, we have held concerns since move-on orders were first proposed, that it could just result in relocating the problem behaviour from one retailer to another, rather than resolving the issue.”
Young said Retail NZ welcomed some of the amendments made before the legislation was passed, including limiting its scope to adults and raising the threshold of begging so that it must be considered unreasonable before action is taken.
“Those changes have improved the legislation, and we have been working closely with police and social agencies to ensure there’s suitable intervention for problem behaviour outside our retail spaces, including engaging wraparound services where appropriate,” Young said.
“We know there are genuine challenges facing many retailers, particularly in busy urban centres. But lasting improvements will come from addressing the causes of antisocial and unsafe behaviour, not just moving it from one shopping area to the next.”
When the legislation was first proposed, Justice Minister Paul Goldsmith and Police Minister Mark Mitchell said it would apply to individuals engaging in conduct such as obstructing entry to a business, breach of the peace, begging, rough sleeping and conduct showing an intent to inhabit a public place.
The bill drew Bill of Rights concerns over its application to begging and rough sleeping, with opponents and homelessness advocates arguing it failed to address the core issues driving high levels of homelessness, while the select committee recommended narrowing it to exclude under-18s.
Following its passage, Goldsmith said the measures would “reclaim our streets and town squares for the enjoyment of those who visit, work and live there”.
“They simply provide police with an additional tool to deal with people displaying disorderly behaviour in public places,” he said.
“Only people who refuse those orders will face prosecution. A move-on order is not a criminal charge.”
Labour’s Camilla Belich called the vote a “very, very shameful day” for Parliament, while Green MP Tamatha Paul said the law criminalised homelessness.
“[The Government] did not even attempt to address the root factors of why there is record-level homelessness in this country,” Paul said.
“If only this House would not be so ignorant and would listen to the actual people who are working on the front line, and what they have told us will work.”
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