Human Rights Commissioner speaks out against Tauranga's 'begging ban'

Wednesday, 3 April 2019

The begging ban bylaw put in place by Tauranga City Council is being challenged by judicial review.

A controversial 'begging ban bylaw' imposed by Tauranga City Council this month has been questioned by the Human Rights Commissioner.

The new bylaw made it illegal from April 1 for begging or rough sleeping to occur within five metres of any retail premises in the Tauranga, Mount Maunganui and Greerton city centres.

It was passed in the wake of reports of begging gangs using standover tactics in shopping centres like Greerton and calls from shop owners to intervene.

Chief Human Rights Commissioner Professor Paul Hunt has questioned if the bylaw is even needed.

But Human Rights Commissioner Paul Hunt has questioned if the bylaw was even needed.

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'Begging and rough sleeping is a symptom of a larger social problem,' he said.

'It's much better to address the outlying causes of homelessness rather than criminalise it.'

Hunt said there are already laws in place to handle aggressive behaviour from beggars and begging gangs.

'I'm not convinced another law is needed,' he said.

His words come as a judicial review is in the process of being filed with the High Court at Tauranga.

Housing advocate and lawyer Shard Loibl said the bylaw could breach human rights and the consultation was flawed.

'The process the council followed was flawed,' he said.

'They did not focus on everyone affected and just focused on the aggressive beggars.'

Loibl said he understands the concerns of shopkeepers and people dealing with standover tactics but current laws exist to prevent this behaviour.

'It's not something council should be enforcing,' he said.

'We do not feel they had authority to do this.'

At face value, the bylaw appears to be a damp squib.

Council has not employed additional enforcement officers to enforce the bylaw.

Council staff cannot issue fines to people caught rough sleeping or begging.

Council staff cannot forcibly move people on.

Reports of aggressive beggars will be forwarded on to police and fall under police jurisdiction.

All council officers can do is speak with people in breach of the law and prosecute someone in breach of the bylaw.

After the judicial process was completed a court fine could be issued.

Councillor Terry Molloy said he would 'happily resign' if the bylaw failed to make a difference and remains confident in the bylaw he supported through consultation.

'We have done what we can to limit the possibility of the bylaw being turned over at judicial review,' he said.

'Everyone is welcome in the city but you cannot rough sleep at someone's back doorstep.'

Molloy said the bylaw was not about arresting people but giving officers some authority to tell people to move on. Questioned about the lack of resources and difference the bylaw makes to the current situation he said, 'There needs to be the will [from council] to support the bylaw'.

'Without that, it will be extremely difficult. '