A cardboard sign is still speech: Free Speech Union warns against open-ended police “move-on” powers

A cardboard sign is still speech: Free Speech Union warns against open-ended police “move-on” powers

The Free Speech Union is calling on Parliament to narrow the Summary Offences (Move-on Orders) Amendment Bill, warning it hands police open-ended discretion to move people on, and prosecute them, for peaceful conduct in a public place.

The Bill lets an officer order anyone aged 14 or over to leave a public place for 24 hours on grounds as vague as “disorderly” or “disruptive” behaviour, or for begging. Whatever you think about begging, the Free Speech Union’s concern is narrower: who decides which peaceful presence is allowed in a public place, and on what grounds?

“We are not asking Parliament to go soft on disorder. We are asking it to listen to its own Attorney-General,” said Jillaine Heather, Chief Executive of the Free Speech Union. “Keep the powers that deal with threatening and aggressive behaviour. What we cannot accept is open-ended discretion to move someone on for nothing more than holding a sign.”

In his section 7 report, Attorney-General Chris Bishop found the begging ground inconsistent with the right to freedom of expression and, in his words, “too wide.” The Bill protects demonstrations: it cannot be used against someone whose purpose is to publicise a point of view, cause, or campaign. But a person begging is not promoting a cause. They are asking for help, and that plea is exactly the expression the Bill leaves exposed.

The Free Speech Union’s objection rests on three points:

Peaceful expression does not lose protection because it is unwelcome.

Vague grounds and broad police discretion invite selective enforcement and make the law impossible to predict.

These powers bite below the criminal threshold, curbing liberty where Parliament has decided it is not warranted.

“This is the latest in a run of bills handing police vague, subjective discretion over who may stand where and say what,” said Heather. “A free society can tell the difference between a threat and a person holding a sign. A law that leaves that judgement to an officer cannot. Narrow the Bill.”

The Free Speech Union will make a submission to the Justice Committee, and encourages New Zealanders who value free expression to do the same.

ENDS

Notes to editor:

The Summary Offences (Move-on Orders) Amendment Bill passed its first reading on 20 May 2026 and is before the Justice Committee. Submissions are open.

The Attorney-General’s report under section 7 of the New Zealand Bill of Rights Act 1990 (14 May 2026) found the begging ground inconsistent with freedom of expression (section 14) and the 24-hour exclusion inconsistent with freedom of movement (section 18). He found the disorderly and aggressive behaviour grounds justified. The Free Speech Union’s related submissions on the Summary Offences (Demonstrations Near Residential Premises) Amendment Bill and the Policing Amendment Bill 2026 are available on our website.