Auckland Council has made recommendations to the government on new measures being considered to manage antisocial behaviour in public places.
The bill seeks to give police new powers to move people on from public areas for antisocial or obstructive behaviour as described by a number of criteria such as acting in a disruptive manner, breaches of the peace, intimidation, rough sleeping and begging.
In its submission on the Summary Offences (Move-on Orders) Amendment Bill, the council says rough sleeping and begging should not be included as behaviour criteria that could be used to move someone on. Council voted to oppose move on orders for those specific criteria.
However, with the right criteria, ‘move-on orders’ could provide an additional tool to address some antisocial behaviour, particularly when it is likely to escalate.
However, the council says that on their own, rough sleeping and begging should not be included as behaviour criteria that could be used to move someone on.
Councillor Richard Hills, chair of the Policy, Planning and Development Committee, says it’s important to get the detail right so anti-social behaviour itself is the focus for ‘move-on orders’, and vulnerable people are not inadvertently harmed.
“Our submission acknowledges the bill’s intent in regard to anti-social or disorderly behaviour and may be a more reasonable tool rather than arresting someone, but begging and rough sleeping are not synonymous with anti-social or disorderly behaviour.
“While there may be a real or perceived overlap at times, anti-social behaviour and rough sleeping are distinct issues that require distinct responses, in fact police should already be acting on harmful behaviours” says Cr Hills.
“The council wants assurance that the bill will not have unintended consequences on how public spaces are managed in Tāmaki Makaurau, or impact on the work being done in a careful way to address homelessness working alongside housing and community organisations."
“The committee was clear that we need continued government support to help vulnerable people, young and old, off the streets and into homes and further support for those with more complex needs such as mental health crisis and addictions,” he says.
Elected members, including the Policy, Planning and Development Committee, 20 local boards, Houkura, outreach providers and commercial businesses all provided feedback to help shape the council’s submission.
Houkura has strong concern about the bill’s potential impact on Māori, who are overrepresented among rough sleepers in Tāmaki Makaurau.
The council’s submission asks for greater investment in emergency housing and social services to help address the root causes of homelessness, and a full review of ‘move-on orders’ after a year.
It also recommends more clarity within the bill to define what it means to “inhabit a public place” so that individual rights will not be impacted and more detail on how the intended outcomes of the bill will be implemented.