The draft proposed bylaws aim to stop anti-social behaviour in the city's "premier public space" Garden Place. Photo: RNZ / Jo O'Brien
A Hamilton councillor says creating a bylaw that will stop people showering in a central city fountain is over-reach and a waste of money.
The draft proposed bylaws aim to stop anti-social behaviour in the city's "premier public space" Garden Place, including bathing in the water fountain, hanging out washing, lying on benches and consuming drugs and alcohol.
But councillor Louise Hutt said the cost of creating a bylaw, including legal advice and public consultation, could be better spent funding social services in the city.
"My concerns really are about what this costs us and whether this investment in persecuting homeless people is really the best use of that money instead of it going into social services or support networks to help people directly."
Hutt also questioned whether the increase in homeless behaviour in Garden Place was a flow-on effect from over-capacity at Waikato Hospital's mental health facility, the Henry Rongomau Bennett Centre which was currently operating at 109 percent and reducing emergency housing numbers.
She was worried a bylaw would stigmatise the homeless and those with mental health and addiction issues and be hard for the council's City Safe officers to enforce.
As it was currently proposed, the bylaw was ambiguous because enforcement would come down to a judgement call, Hutt said.
"What's the implications if they've gone and said [please move] to somebody who wasn't homeless? Are you creating a divide where poor people can't spend time in public places but middle class and upper class people can?"
Hutt also queried whether access to mental health services had decreased.
But councillor Ewan Wilson, who mooted the Public Space Bylaw, Public Water Feature Bylaw, Public Space Presentation Bylaw and Unattended Personal Property Bylaw, said the money needed to create them was miniscule.
Wilson, who lives in the city centre, said the bylaws aimed to give police and City Safe another tool to deal with the issue which he said had been ongoing for the past decade.
"Ultimately we hope that that may address the anti-social behaviour that's eroding the essence of our CBD, that's leading to families being scared of using our library, that's leaving those who live in the CBD to be concerned about people walking through Garden Place.
"Because we frequently have people openly consuming alcohol, taking drugs, defecating in the doorways, dogs that aren't registered, sleeping on council benches and I think, what I'm saying certainly is, I've had enough."
Councillor Ewan Wilson mooted the Public Space Bylaw, Public Water Feature Bylaw, Public Space Presentation Bylaw and Unattended Personal Property Bylaw. Photo:
He said businesses were suffering.
"This is not adding to their business and we've got to try to do something different because what we've been doing hasn't worked."
Wilson said there were already support services in place and he understood Orange Sky, which offers showers and laundry services to the homeless in a van, received $10,000 from the council last year.
He said recently arriving residents had come from Auckland, Wellington, Nelson and Christchurch, as well as from prison.
"What we don't want to be known as, is the city that welcomes homeless. We want to be known as a city that's welcoming, that has and does it's very best to provide wrap-around solutions to those who are unfortunate.
"But that does not mean that our citizens who work, live and play here, raise their children here, don't have rights to unfettered and peaceful access to critical city infrastructure and facilities because they're being dominated by people who have either mental health or addiction problems, or just anti-social behaviour.
"The people of Hamilton are getting tired and want some improvement."
Joanne Turner of Te Whare Korowai, a Hamilton shelter, said being homeless was not a choice or way of life.
She said people were unable to lift themselves out of the massive gaps in the system.
"The causative factors we've found predominantly begin in childhood and are exacerbated due to the lack of support services becoming involved or being involved when they're needed.
"It's become a bit ludicrous now... In my line of work I talk to a lot of people who have ended up on the street who have asked, and they have begged for help and it is not forthcoming.
"They are wait-listed or told to come back in a few weeks time, or they're told they are not eligible or fit for those services - like I say they are not gaps anymore - they are chasms."
The Minister for Mental Health Matt Doocey said he was aware of anti-social behaviour in the CBD which he called a complex issue that required wrap-around support.
He said it was often the case that people with poor mental health were choosing not to access a range of support.
Doocey denied over-crowding at the Henry Bennett Centre was part of the cause and said the higher numbers were often caused by patients who didn't have housing to be discharged to, staying longer until they did.
He said under five new mental health and addiction targets, 80 percent of people needing primary support should get it within a week, and those needing specialised support should be seen within three weeks.
Doocey wouldn't comment on the draft bylaw.
Minister for Māori Development and associate Minister of Housing Tama Potaka said the cost-of-living crisis aggravated the issue. Photo: RNZ / Samuel Rillstone
Minister for Māori Development and associate Minister of Housing Tama Potaka said it was a complex issue.
"Absolutely this is a complex issue aggravated by the cost-of-living crisis that grew under the previous administration.
"I regularly engage with organisations on the ground, and emergency housing remains available as a short-term last resort option for people in genuine need in Hamilton."
He said the Ministry of Social Development has a range of different support services available and encouraged people to speak with them.
"The government is focused on fixing the housing crisis by getting more houses built and delivering economic growth that creates jobs, boosts incomes and gives whānau greater opportunities."
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