Rough Sleepers Need Homes, Not Handcuffs – Amnesty International Aotearoa New Zealand

Public spaces are vital to how we collectively live together and govern ourselves. They are where we connect, where we participate in society, where we ask decision-makers to take action, where we catch up, or shop or take our daily walk. They are spaces we all have a right to.

Amnesty International is deeply concerned by the Government granting “move on” powers, which enable Police to force people to leave a public space, without evidence of criminal activity, on pain of fine or imprisonment. This effectively criminalises poverty and erodes fundamental civil liberties protected under New Zealand law.

The New Zealand Bill of Rights Act (NZBORA) guarantees the Freedom of Movement.

Amnesty International Aotearoa New Zealand’s Kaiwhakahaere Executive Director Jacqui Dillon said, “We are concerned that this proposal is discriminatory, targeting a certain group of people and their status rather than harmful behaviour – human rights are universal and must remain treated as such.

“When a person is forced to move, particularly one who may have no other place to go to, you remove their right to exist within the community. Freedom of movement is not a privilege for a few, it is a fundamental human right for us all.

“Given the ongoing effects of colonisation, we’re concerned that these “move-on” powers will have disproportionate impacts on Māori communities.”

Section 5 of the NZBORA allows for rights to be limited in some circumstances: “The rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

Amnesty International fails to see how this change in Police power could meet this test. Firstly, it has been reported that public order, health and safety offence proceedings in Auckland City were at a 10-year low in 2025. Secondly, we already have laws to deal with disorderly behaviour.

We believe most New Zealanders would agree that criminalising and imprisoning a person who has no home, or who may have mental health or addiction issues, but has not broken the law, is abhorrent. It does not solve the issue of homelessness and appears a deeply worrying, disproportionate use of State power.

The new Police “move-on” powers run counter to international guidance that says States should not use criminalisation to deal with social issues.

“At a time when we’re seeing, for example, England and Wales repealing the Vagrancy Act, Aotearoa appears to be leaning back towards the Victorian era,” said Dillon.

What’s more, it could have far reaching implications.

“This is a chilling policy. While the Government has said it won’t impact people protesting, we are concerned that in practice such a law could be used to limit the rights of people across a range of scenarios,” said Dillon.

At a time when the international rules-based order is being undermined, it is essential that New Zealand stand strong in upholding international human rights standards. Freedom of movement, freedom of expression, the rights of children, the right to adequate housing and more – New Zealanders value these rights.

“The Government needs to change tack and work with people impacted and those in the sector to come up with solutions that will be effective and uphold human rights,” said Dillon.