Summary Offences (Move-on Orders) Amendment Bill

Summary Offences (Move-on Orders) Amendment Bill 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 a 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 (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 — i charitable or not-for-profit fundraising lawfully carried out by or on behalf of an organisation; or ii requesting— A a candidate donation or party donation (as those terms are defined in section 207(2) of the Electoral Act 1993); or B an electoral donation (as that term is defined in section 103A of the Local Electoral Act 2001); or iii lawful busking or engaging in lawful street performances 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 8I 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 unreasonable begging: f rough sleeping or setting up personal possessions, makeshift shelters, or other structures indicating an intent to inhabit the public place. 1A However, subsection (1)(f) does not include freedom camping that is permitted in accordance with Part 2 of the Freedom Camping Act 2011. 1B In determining whether begging is unreasonable, a constable must have regard to all relevant circumstances, including— a the time at which the begging is occurring or occurred: b the duration of the begging: c where the begging is occurring or occurred: d the effect of the person’s begging on the enjoyment of public spaces by other persons in the vicinity of the begging. 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 reasonable 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 reasonable distance away 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 18 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 the primary purpose of demonstrating support for, or opposition to, or otherwise publicising, a point of view, cause, or campaign. — 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, fails or refuses 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. 3 A person commits an offence if the person (after being cautioned),— a without reasonable excuse, fails or refuses to give their biographical details on demand; or b gives any biographical details that are false or misleading. 4 A person who commits an offence under against 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 . ; and c if the order was issued for unreasonable begging, why the constable determined that the begging was unreasonable. 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) : fa if the order was issued for unreasonable begging, the reasons for determining that the begging was unreasonable: g a statement that the person must comply with the order immediately or within a reasonable time without undue delay : h a statement that it is an offence to breach the order knowingly or recklessly, and without reasonable excuse: ha if applicable, a statement that explains the effect of section 8F(1A) : 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 without undue delay . 1A However, a person who is served with a move-on order for conduct described in section 8A(1)(e) or (f) does not commit an offence against this section if the person returns to the public place, while the order is in force, for any purpose other than to engage in conduct described in section 8A(1) . 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 $1,000 . 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. 8H Annual reporting by Commissioner 1 The Commissioner must include in every annual report prepared for the purposes of section 43 of the Public Finance Act 1989, for the period covered by the report,— a the number of occasions on which a move-on order was issued under section 8A ; and b a breakdown by age or age group of the persons to whom move-on orders were issued; and c the number of criminal proceedings commenced for an offence against section 8F . 2 In this section, Commissioner means the Commissioner of Police. 8I Review of operation of move-on orders 1 The Minister must, as soon as practicable after the third anniversary of the commencement of sections 8A to 8H , review the operation of those sections. 2 The review must consider— a the operation and effect of move-on orders; and b whether any amendments to sections 8A to 8H or any other related amendments to this Act are necessary or desirable. 3 The Minister must complete the review within 12 months after commencing it by preparing a report on the findings and conclusions of the review. 4 As soon as practicable after the Minister has prepared the report, the Minister must present a copy of it to the House of Representatives.