Rotorua homeless face trespass from reserves. Photo / File
Rotorua homeless face trespass from reserves. Photo / File
Nine homeless people in Rotorua have rejected offers of help - and could face being trespassed from the city’s reserves.
The rough sleepers refused help because they did not want to abide by emergency housing rules, Rotorua Lakes Council staff told elected members, who are considering how to “look after its spaces”.
Elected members were told at a community and district development committee meeting earlier this month staff had approached nine homeless people during an illegal camping welfare check and to offer support in August.
Community safety director Mihikore Owen said the reason was that if placed into contracted emergency housing, for example, they would need to follow rules.
”Some of them simply do not want to abide by rules. They would prefer the alternative which is freedom, no rules.”
Gaston said the logical question was how to look after the spaces.
He said the council was working with police to continue to trespass people ”out of certain areas they are choosing to live”, in particular reserves.
Gaston said there was a case of trying to move people on so they were not “impinging on others’ enjoyment of some of our community spaces”.
Lee said: “So we’re not going to eliminate our homeless problem”.
Gaston answered several Local Democracy Reporting questions following the meeting.
He said people camping in places not designated for this, such as the reserves, was illegal.
He said the primary concern was community safety.
“Our reserves are generally not safe places for sleeping.”
Local Democracy Reporting revealed last year the council was using a drone to scope out rough sleepers at an urban reserve it deemed hazardous for sleeping in because of geothermal gases.
It has not used drones since then.
“Geothermal terrain and activity in some of our inner-city parks and reserves poses a risk to rough sleepers.
“There are also other health and safety risks due to the lack of ablution facilities and rubbish that is often left by people sleeping rough.”
The behaviour of some might also pose a safety risk to others, he said.
Gaston said it was not a new thing for people to sleep rough in reserves and the Safe City Guardians had conducted checks for a number of years.
“It is then up to the individual as to whether they take up that offer of assistance and sadly, many do not.”
People are moved on from reserves if they refuse help. Police are called if they do not or if there is any intimidation involved.
In the past half-year, the council received eight reports about people camping or living in cars at reserves.
Guardians offered support to people in Kuirau Park, Government Gardens, and by the lakefront.
Police had trespassed six people this year, but Gaston said this was an “absolute last resort”.
“There is housing and other support and assistance available and we do our best to encourage people to take up the services that are there to help them.”
Its response was that its power was limited, including under the New Zealand Bill of Rights Act 1990 which constrained the council’s power to trespass people from a public place.
Advice on the Community Law website states, in these situations, the decision to trespass must be reasonable taking into account rights of freedom of peaceful assembly and freedom of expression under the Bill of Rights.
Laura Smith is a Local Democracy Reporting journalist based at the Rotorua Daily Post. She previously reported general news for the Otago Daily Times and Southland Express, and has been a journalist for four years.
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