Legal action coming after Tauranga leaders vote in favour of hard-line begging ban

Tauranga City Council has voted in favour to continue a hard line bylaw banning begging and rough sleeping from certain parts of the city. Photo / Getty Images

In April 2019, a controversial bylaw banning begging and rough sleeping in key Tauranga shopping areas came into effect. The bylaw has been applauded by retailers who had been struggling to deal with increasing numbers of anti-social behaviour from people on the street. But is the bylaw legal? Reporter Kiri Gillespie investigates why there are concerns the Tauranga City Council could be facing a $150,000 lawsuit, and what they are doing about it.Tauranga City Council has voted in favour of continuing a hardline bylaw banning begging and rough sleeping from certain parts of the city - despite a legal challenge threatening costs of at least $150,000.

The decision follows elected members debating whether to soften the wording of the existing bylaw in favour of new rules which would allow passive begging and rough sleeping providing it was not a "nuisance". The move effectively means months of negotiations down the drain and the reignition of legal action against the council.

In April, the Tauranga Housing Advocacy Trust filed judicial review proceedings in the High Court on the grounds the bylaw was illegal for not complying with the Local Government Act.

That same month, the number of begging complaints soared from just three in March to 28 in April. Another 19 complaints have been laid in the months since.

The proposal to amend the bylaw followed but was thrown out in yesterday's meeting.

Councillors Catherine Stewart, Steve Morris and Larry Baldock supported the proposal but were overruled by councillors Greg Brownless, Max Mason, John Robson, Kelvin Clout, Bill Grainger and Terry Molloy. Councillor Leanne Brown abstained from the vote.

Council chief executive Marty Grenfell told elected members the legal threat was now expected to be reignited and this was something that should have been considered before the vote.

Cr Clout said feedback from retailers said the bylaw was already a big success and "trying to prove someone is a nuisance is going to be fraught with difficulty".

"Some beggars have been seen with tape measures measuring from the side of the door. The message is already out there."

Cr Molloy said the bylaw came about from increasingly anti-social behaviour from people on the street which included drug dealing, fraud and violence.

"With all of those issues going on, the police could not control it and nor could we. It was when the community got tired of it and we got in place security that things started to change."

In April 2018, there were 33 complaints about beggars, 21 of which came from Greerton.

Larry Baldock said warned councillors that if they did not support the compromise "some of us will never survive".

"What is required to see it through is $150,000 in growing court costs."

Baldock also referred to feedback from Greerton retailers who said there had been a notable change since the bylaw came into effect.

Tauranga Housing Advocacy Trust's Shem Otieno told the Bay of Plenty Times the group had been prepared to accept the watered-down version of the bylaw but now, it would be challenged.

Otieno said the bylaw was problematic, heavy-handed and prohibitive.

"It is not regulatory, and the council is obligated to regulate, not to prohibit."

Oteino said the bylaw was a breach of the Bill of Rights in terms of freedom of movement and freedom of expression which, he said, unfairly targeted rough sleepers and beggars in its current wording.

"People have rights, and this is the council kicking the problem to someone else. If these people can no longer be in these places, they will move on to others. There's a bigger picture here."

After the vote, Greerton Village Community Association manager Sally Benning said retailers would be glad the council stood firm in refusing to water down the bylaw "which we believe has been very effective".

"Of course, there are legal implications which means the challenge will go to court but I'm not sure I can comment on that."

Tauranga MP Simon Bridges, who earlier this week said the council should stick to its guns and fight the legal challenge on behalf of retailers, said he supported the council's decision.

"They have done the right thing."

Since an initial review of the bylaw began in November 2017, several community organisations have been set up to help the homeless. Two of these groups, Awhina house and the People's Project, have housed 42 long-term homeless between June 2018 and July 2019.

What is a judicial review?

A High Court judge reviews the actions or decisions of a public or private administrative body to see whether they acted within their legal powers.

The judge can review the process used to reach the decision, whether the decision-maker acted within the law or whether the decision was unreasonable.

If the judge finds in favour of the applicant, the judge can ask for the decision to be reconsidered.

Current bylaw

No person shall beg in a public place within 5m of a public entrance to retail premises within defined areas in the CBD, Greerton and Mount Maunganui.