Police can now issue written orders excluding adults from specified public places for up to 24 hours, with safeguards and exceptions explained in official guidance.
New police powers to move people out of public places are now in force, but retailers are warning that safer shopfronts will require more than shifting trouble to the next street.
The move-on provisions took effect on Sunday, 25 October, according to the Ministry of Justice. They allow police to issue written orders requiring adults to leave a specified public place and stay away for up to 24 hours.
The law covers conduct including threatening or disruptive behaviour, unreasonable obstruction of business entrances, rough sleeping and begging that unreasonably interferes with other people’s use of a public place. It does not apply to people under 18.
Retail NZ chief executive Carolyn Young said in a statement dated 25 October that the organisation supported police having tools to deal with unsafe behaviour, but remained concerned the orders could displace problems between retailers. It plans to assess their effects with police and support services.
Police guidance says officers will first seek to understand the situation, explain their concerns and encourage voluntary compliance before considering enforcement. Referrals to social services may form part of that response.
The guidance also sets out limits. Lawful protesting, busking, charitable fundraising and non-interfering begging cannot themselves be grounds for an order.
For orders issued over unreasonable begging or rough sleeping, returning for a lawful purpose, such as buying food or accessing medical care, is not a breach provided the person does not resume behaviour that could justify another order.
Breaching an order can carry a maximum $1,000 fine or three months’ imprisonment. The Ministry of Justice says the legislation will be reviewed in 2029/30.
People who believe an order was issued unfairly or in error can contact police or call 105.
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