Media release: Move-on orders will criminalise children experiencing homelessness

Proposed move-on orders for people sleeping rough would worsen outcomes for some of Aotearoa New Zealand's most vulnerable children and young people, according to public health researchers specialising in housing. 

Writing for the Public Health Communication Centre Briefing, Professor Nevil Pierse (University of Otago) and co-authors outline how the Government's proposed amendments to the Summary Offences Act would introduce criminal sanctions for homelessness, including for children as young as 14. 

The legislation would allow police to issue move-on orders to people sleeping in public places or asking for money. Failure to comply could result in criminal charges carrying penalties of up to three months' imprisonment or a $2,000 fine.

Prof Pierse says the proposal would mean children and young people who have no choice but to sleep on the street, could end up with a criminal record which will make it even harder for them to access housing, employment and other support.

"Children and young people do not choose to live on the street. Many have left unsafe homes, experienced family breakdown, become too old for state care or have nowhere else to go. Yet emergency, transitional and public housing can be difficult for young people aged 14 to 17 to access.”

Children and young people experience homelessness at higher rates than any other age group, with half of all people experiencing homelessness aged under 25.  

“Our research has identified more than 320,000 children engaged with organisations providing housing support, with Māori making up more than 40% of that group,” says Prof Pierse. 

The Briefing warns that move-on orders would force young people out of visible, well-lit locations and into more isolated areas, increasing risks of assault, exploitation and victimisation. It also notes that homelessness is associated with poorer health, reduced school attendance and greater involvement with the justice system.

The authors say the proposal is particularly concerning for Māori, who make up more than half of those experiencing homelessness. They note that the Waitangi Tribunal's Kāinga Kore report found the Crown had breached principles of active protection, equity and good government in its response to Māori homelessness, including inadequate support for homeless rangatahi.

Rather than criminalising homelessness, the Briefing points to evidence showing that permanent housing and support improve health and wellbeing while reducing contact with the justice system. Studies of young people aged 14 to 24 found those in stable, long-term housing had significantly fewer police offences, court charges and experiences of victimisation than the general youth population.

"A move-on order requires somewhere to move on to," says Prof Pierse. "Our focus should be on creating safe, suitable and supported housing environments for young people to live in."