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Friday, February 28, 2025

Changes coming to citizen’s arrest law

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Justice Minister Paul Goldsmith. Photo supplied

The coalition Government is giving businesses more powers to detain thieves, but the Labour Party says the move will leave retailers on their own to deal with crime.

“Retail crime increased 85 per cent between 2019 and 2023, including a 91 percent increase in victimisations relating to theft,” Justice Minister Paul Goldsmith says.

“Currently, no one, including retailers and security guards, is protected from civil or criminal liability if they arrest and detain a person stealing goods valued at less than $1,000 during the day.

“The operation of the Crimes Act 1961 hinders people from stopping offending as it occurs right in front of them.

“This initial package of reforms, put forward by the Ministerial Advisory Group for victims of retail crime, will give Kiwi businesses additional tools to deal with those that are robbing them of their livelihood and economic growth.”

The reforms include amending the Crimes Act so citizens can intervene to stop any Crimes Act offence at any time of the day, requiring a person making an arrest contact police and follow police instructions, clarifying that restraints can be used, when reasonable, when making an arrest, and changing the defence of property provisions to the Crimes Act so it’s clear reasonable force may be used.

“The economic cost of retail crime in New Zealand is in the billions, and retailers and security guards face abuse and assault no New Zealander should be subjected to,” Goldsmith says.

“This Government will ensure people working in the retail sector are being effectively protected, are empowered to stop offending, and that offenders are caught and deterred from future offending.”

The proposed law change has support from the Dairy and Business Owners Group.

“For years we’ve advocated for common sense law changes that increase the chances of criminals being caught since our group was founded,” chairperson Manish Thakkar says.

“Dairies, liquor stores and service stations have been on the bleeding edge with two murders since 2014 and countless assaults, burglaries and robberies, let alone, ram-raids.

“Retail crime costs everyone $85 a second, $2.7 billion annually.

“Doing nothing is no answer and with one police officer to 500 Kiwis, criminals have become bolder and more violent.

“They know we cannot physically defend our property without running the risk of being criminalised.

“If crims know law-abiding Kiwis can defend their stuff, whether a homeowner, a farmer or a retailer, they’ll think twice.”

However, Labour Party police spokesperson Ginny Andersen says the Government’s expansion of citizen’s arrest powers “leaves retailers on their own to deal with crime on their premises”.

“National is not listening to the advice of their own police, who have consistently warned letting Kiwis take the law into their own hands is unsafe, both for retailers and the public.

“Retailers are also expressing grave concerns about this policy, saying it could escalate violence and put their workers in danger.

“These are often low-wage workers who are now expected to act as law enforcement officers.

“The Government needs to do its job and focus on breaking the cycle of crime, not ask people to put themselves in harm’s way.

“It is shameful, dangerous, and I fear that it’s only a matter of time before tragedy strikes because of their negligence.”

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