Arian Tashakkori
PILLAR
PILLAR NZ welcomes changes recommended by the Justice Select Committee to the Move-on Orders legislation, with several of the concerns raised in PILLAR’s submission reflected in the committee’s report.
While the objectives of reducing crime, disorder, intimidation, indecency and disruption in public spaces are legitimate and important, PILLAR believes these goals must be pursued through measures that are proportionate and respectful of civil liberties.
Arian Tashakkori of civil liberties group PILLAR NZ said, “The original version of the bill failed to strike the appropriate balance between maintaining public order and protecting fundamental freedoms.”
The committee’s report demonstrates democracy in action.
Several of PILLAR’s concerns around freedom of expression, freedom of movement, natural justice and legal proportionality have now been partially or fully addressed.
In particular, the Justice Select Committee agreed that the proposed penalty for breaching a move-on order was disproportionate to the level of harm involved and recognised concerns that the bill’s previous approach to begging risked unjustifiably restricting freedom of expression.
“Had the bill proceeded unchanged, it would have wielded the coercive power of the state with too little restraint and insufficient regard for the civil liberties of New Zealanders protected under the New Zealand Bill of Rights Act,” Tashakkori said.
“Public safety and civil liberties do not have to be competing objectives. Good law can and should pursue both.”
PILLAR is pleased to see the committee pursue a more precise and balanced approach.
The changes demonstrate why robust public submissions and parliamentary scrutiny matter: legislation can pursue legitimate public-order objectives without unnecessarily compromising the rights and freedoms of New Zealanders.
