Summary Offences (Move-on Orders) Amendment Bill

Summary Offences (Move-on Orders) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Summary Offences (Move-on Orders) Amendment Bill (the Bill ) contributes to the Government’s commitment to restoring law and order to keep New Zealanders safe by ensuring that the New Zealand Police ( Police ) has the necessary powers to maintain public order. The Government is concerned that people are congregating in city centres, especially around retail and hospitality premises, and engaging in behaviour that is disorderly, and, in some cases, criminal. This behaviour can have negative social and economic impacts, including affecting people’s enjoyment of public spaces, causing fear and harm in communities, and undermining public confidence in law and order. The Bill aims to— ensure that Police is adequately equipped to address public disorder; and increase the public’s sense of safety; and support urban centres and economies. The Bill provides new powers that enable Police to issue move-on orders to manage low-level disorderly behaviour and prevent escalation. The Bill— introduces a new power for Police to issue move-on orders requiring people who are engaging in disorderly or disruptive behaviour in public places to leave the area and not return for a specified period of time: enables Police to issue move-on orders— for behaviour that is disorderly, intimidating, threatening, or disruptive, unreasonably obstructing entry to a trade or business, breaching the peace, begging, rough sleeping, or activities indicating an intent to inhabit a public place: to people 14 years or older: for a specified period of time, not longer than 24 hours: for behaviour that is below the threshold of criminality, or for low-level criminal behaviour that relates to public disorder: excludes move-on orders from applying to protest, freedom camping, and charitable or not-for-profit fundraising: introduces new powers for Police to temporarily detain a person for the time necessary to obtain biographical details, for example, the person’s name, and to issue and serve a move-on order: provides the specific powers and duties of a constable when issuing and serving move-on orders, and the contents of those orders: creates new offences for— failing or refusing to remain at the place where a person is detained, or failing or refusing to provide biographical details, or providing false biographical details, with a maximum penalty of a $500 fine: knowingly or recklessly, and without reasonable excuse, failing or refusing to comply with a move-on order, with a maximum penalty of 3 months’ imprisonment or a fine not exceeding $2,000. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=310 REGULATORY IMPACT STATEMENT The Ministry of Justice produced a regulatory impact statement on 27 November 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://www.regulation.govt.nz/assets/RIS-Documents/Regulatory-Impact-Statement-Strengthening-responses-to-public-disorder.pdf https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause. It provides that the Bill comes into force a month after Royal assent. Clause 3 provides that the Bill amends the Summary Offences Act 1981 (the principal Act ). Clause 4 amends section 2(1) of the principal Act, which contains definitions, to insert definitions of begging, freedom camping, and move-on order. Clause 5 inserts into the principal Act new sections 8A to 8G , and a cross-heading, which relate to move-on orders. New section 8A provides that a constable can issue a move-on order to a person aged 14 years or older who is in a public place if the constable has reasonable grounds to suspect that the person is engaging in or has recently engaged in any of the following behaviours: behaving in a way that is disorderly, intimidating, or threatening: behaving in a disruptive manner: unreasonably obstructing, hindering, or preventing someone from entering or leaving a place where a lawful trade, business, or occupation is being conducted: breaching the peace: begging: rough sleeping or setting up personal possessions, makeshift shelters, or other structures indicating an intent to inhabit the public place. Begging means an active or a passive request or demand for a donation of money, food, or other goods. Hence, transactions where goods and services are exchanged for money (or vice-versa) are excluded from the ambit of move-on orders. The definition of begging also excludes charitable or not-for-profit fundraising by or on behalf of an organisation. A move-on order can require a person to whom it is issued to leave and remain away from the public place, or move and remain a specified distance away from that place, for up to 24 hours. New section 8A also provides that the move-on order must be in writing and cannot be issued to a person who is in a public place to protest or who is legally freedom camping. New section 8B provides that a move-on order must be served on the person immediately after it is issued. This can be done in one of the following ways: by handing it to the person: if the person refuses to accept it, by leaving it near the person and drawing it to their attention: with the person’s express consent, by sending it electronically to the person, provided that the order has been explained to the person in accordance with new section 8D before it is sent. New section 8C provides that a constable who is proposing to issue a move-on order may detain the person for the period that is reasonably necessary to take the person’s biographical details, issue the order, or serve the order. Biographical details means the person’s name, date of birth, physical address (if any), phone number (if any), and electronic address (if any). Under new section 8C , a person who is detained and has been cautioned commits an offence if they fail or refuse to remain where they are detained, fail or refuse to give their biographical details on demand, or give biographical details that the constable reasonably believes to be false. The penalty for these offences is a fine not exceeding $500. New section 8D requires a constable who issues a move-on order to explain to the person to whom the order is issued the effect and duration of the order, and the consequences of breaching the order. This explanation is required to be given when issuing the order, serving the order, or detaining the person for the purpose of issuing or serving the order (or both). New section 8E sets out the information that a move-on order must contain, including information about the person, details about how the order must be complied with, and the penalty for breaching the order. New section 8F provides that it is an offence for a person who has been served with a move-on order to knowingly or recklessly, and without reasonable excuse, fail or refuse to comply with the order immediately or within a reasonable time. The penalty for the offence is either imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000. Under section 39(1) of the principal Act, a constable may arrest without warrant a person the constable suspects has committed an offence under new section 8C or 8F . New section 8G provides that new sections 8A to 8F do not limit or affect the provisions of the Oranga Tamariki Act 1989 or any secondary legislation made under it. This means that the existing protections for persons between the ages of 14 and 17 when being questioned or arrested by a constable will continue to apply. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Summary Offences (Move-on Orders) Amendment Act 2026 . 2 Commencement This Act comes into force 1 month after Royal assent. 3 Principal Act This Act amends the Summary Offences Act 1981. 4 Section 2 amended (Interpretation) In section 2(1), insert in their appropriate alphabetical order: begging — a means requesting or demanding a donation of money, food, or other goods through— i speech; or ii other conduct, for example, holding a sign; but b does not include charitable or not-for-profit fundraising lawfully carried out by or on behalf of an organisation freedom camping has the meaning given in section 5 of the Freedom Camping Act 2011 move-on order means an order issued under section 8A 5 New sections 8A to 8G and cross-heading inserted After section 8, insert: Move-on orders 8A Power to issue move-on order Grounds for issue 1 A constable may issue a move-on order to a person if the constable has reasonable grounds to suspect that the person is engaging in, or has recently engaged in, any of the following conduct in a public place: a behaving in a manner that is disorderly, intimidating, or threatening: b behaving in a manner that is disruptive: c unreasonably obstructing, hindering, or preventing someone from entering or leaving a place where a lawful trade, business, or occupation is being conducted: d breaching the peace: e begging: f rough sleeping or setting up personal possessions, makeshift shelters, or other structures indicating an intent to inhabit the public place. Requirement to leave specified area 2 A move-on order issued under subsection (1) may require the person to whom it is issued to— a leave the public place specified in the order or move a specified distance away from that place; and b for a specified period of not longer than 24 hours following the issue of the order,— i remain away from the public place; or ii remain at or beyond a specified distance from that place. Who move-on order may be issued to 3 A constable may issue a move-on order to a person who is aged 14 years or older. Process for issue of move-on order 4 A move-on order must be issued in writing. Limits on issue 5 A move-on order may not be issued to a person who is in a public place for— a the primary purpose of demonstrating support for, or opposition to, or otherwise publicising, a point of view, cause, or campaign; or b the purpose of freedom camping that is permitted in accordance with Part 2 of the Freedom Camping Act 2011. 8B Service of move-on order 1 After issuing a move-on order under section 8A , a constable must immediately serve it on the person to whom it is issued. 2 A constable may serve the move-on order— a by handing it to the person; or b if the person refuses to accept it, by leaving it near the person and drawing the person’s attention to it; or c with the person’s express consent, by sending it to an electronic address supplied by the person. 3 However, a move-on order may only be served electronically under subsection (2)(c) if an explanation of the order has been given under section 8D before sending the order. 8C Power to detain for purpose of issuing and serving move-on order 1 A constable who is proposing to issue a move-on order to a person may detain the person for the period that is reasonably necessary to do 1 or more of the following: a take the person’s biographical details: b issue the order: c serve the order. 2 A person commits an offence if the person (after being cautioned) fails or refuses, without reasonable excuse, to remain at the place where the person is detained. 3 A person commits an offence if the person (after being cautioned)— a fails or refuses, without reasonable excuse, to give their biographical details on demand; or b gives any biographical details that the constable reasonably believes to be false. 4 A person who commits an offence under this section is liable to a fine not exceeding $500. 5 In this section,— biographical details , in relation to a person, means the person’s— a name; and b date of birth; and c physical address (if any); and d phone number (if any); and e electronic address (if any) electronic address includes an email address. 8D Duty of constable to explain move-on order 1 A constable who issues a move-on order must, to the extent that it is reasonably practicable to do so in the circumstances, explain to the person to whom the order is issued— a the effect and duration of the order; and b the consequences that may follow if the person breaches the order. 2 The constable may give the explanation when— a issuing the move-on order under section 8A ; or b serving the move-on order under section 8B unless service is carried out under section 8B(2)(c) (in which case section 8B(3) applies); or c detaining the person under section 8C for the purpose of issuing or serving the order (or both). 8E Content of move-on order A move-on order must contain the following information: a the name and date of birth of the person to whom the order is issued: b the date and time at which the order is issued: c a statement that the order takes effect immediately: d the date and time at which the order expires: e the address or a description of the public place that the person must move away from: f if applicable, the distance the person is required to move from the location referred to in paragraph (e) : g a statement that the person must comply with the order immediately or within a reasonable time: h a statement that it is an offence to breach the order knowingly or recklessly, and without reasonable excuse: i the penalty for a breach of the order. 8F Breach of move-on order 1 A person commits an offence if the person— a has been served with a move-on order in accordance with section 8B ; and b knowingly or recklessly, and without reasonable excuse, fails or refuses to comply with it immediately or within a reasonable time. 2 A person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000. 8G Oranga Tamariki Act not affected Nothing in sections 8A to 8F limits or affects the provisions of the Oranga Tamariki Act 1989 or any secondary legislation made under it.