Directions to Move on

Directions to move on (see sections 44-48 of the Police Powers and Responsibilities Act 2000)

The term 'move on direction' means a direction given under the provisions of s. 48 of the Police Powers and Responsibilities Act 2000 (the Act). A move on direction is any direction which is reasonable in the circumstances but which does not interfere with a person's right of peaceful assembly, unless such interference is reasonably necessary in the interests of:

(i) public safety;

(ii) public order; or

(iii) the protection of the rights and freedoms of other persons (see s. 48 of the Act).

The terms of a move on direction may include, but are not limited to, requiring a person to:

(i) leave the regulated place and not return or be within the regulated place within a stated reasonable time, of not more than twenty-four hours;

(ii) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time, of not more than twenty-four hours; and

(iii) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction and not return or be within the stated distance from the place within a stated reasonable time, of not more than twenty-four hours.

For the purpose of this section, a ‘regulated place’ means:

(i) public places; and

(ii) prescribed places that are not also public places. A ‘prescribed place’ means:

(a) a shop; or

(b) a child-care centre; or

(c) a pre-school centre; or

(d) a primary, secondary or special school; or

(e) premises licensed under the Liquor Act 1992; or

(f) a railway station and any railway land around it; or

(g) a mall; or

(h) the part of the corporation area under the South Bank Corporation Act 1989 declared to be the site under that Act; or

(i) a licensed venue under the Racing Act 2002; or

(j) an automatic teller machine; or

(k) a war memorial.

When do move on powers apply

Police officers who reasonably suspect that a person's behaviour or presence at or near a regulated place is, or has been:

(i) causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances;

(ii) interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place. However, this applies to premises used for trade or business only if the occupier of the premises complains about the person's behaviour; or

(iii) disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place;

may give that person a move on direction (see s. 46: 'When power applies to behaviour'; s. 47: 'When power applies to a person's presence' and s. 48: 'Direction may be given to person' of the Act). However, if the regulated place is a public place, a move on direction can be given to the person, only if the person's behaviour or presence has or had the effect mentioned, in the part of the public place at or near where the person then is (see ss. 46(2) and 47(2) of the Act).

A move on direction may also be given where an officer reasonably suspects, because of the person's behaviour, a person is soliciting for prostitution in a public place. For this purpose a public place does not include any area in a licensed brothel that cannot be viewed from outside the brothel (see s. 46(5) and Schedule 6: 'Dictionary' of the Act).

Police officers may also give a person a move on direction if they reasonably suspect that a person's behaviour at or near a regulated place is or has been disorderly, indecent, offensive or threatening to someone entering, at or leaving the place (see s. 46 of the Act). However, if the regulated place is a public place, a move on direction can only be given if the person's behaviour has or had the effect mentioned, in the part of the public place at or near where the person then is.

A police officer who gives a move on direction must:

(i) supply their details as soon as reasonably practicable (see section 637 of the Act). If the police officer is in uniform, this means the officer’s name, rank and station. If the officer is not in uniform, this means informing the person that the officer is a police officer and their name, rank and station and produce for inspection his or her identity card;

(ii) if the person fails to comply with the requirement, if practicable, warn the person it is an offence to fail to comply with the requirement without a reasonable excuse and that they may be arrested for the offence (see s. 633 of the Act); and

(iii) give the person a reasonable opportunity to comply with the requirement (see s. 633 of the Act).