Previously widely discussed as the ‘citizen’s arrest’ provision, this amendment will allow any person to restrain someone they believe has committed any offence against the Crimes Act, no matter the scale of the offence or the age of the person.
Justice Minister Paul Goldsmith said the purpose of the amendment is to ensure retailers are not only being effectively protected but are also empowered to prevent offending.
“Retailers and security guards face abuse and assault that no New Zealander should be subjected to, and we know the economic cost of retail crime is in the billions,” he said.
“The Crimes Act Amendment Bill ensures criminals face stronger penalties for retail crime, attacking first responders, coward punches, and dealing in slaves. We promised to have this passed into law before the election. We’re delivering. The majority of this legislation will take effect within a week.”
Retail industry representatives have extensively documented their concerns with this amendment and its potential to place customers and staff at retail businesses at an increased risk of harm. Retail NZ CEO Carolyn Young said this new amendment will dramatically increase the likelihood of serious injury, and even death.
“Having untrained people attempting to arrest and restrain others risks escalating already heightened situations and may encourage offenders to proactively arm up further with weapons,” she said.
“Retailers do not have the skills nor facilities to deal with people who have been subject to a citizen’s arrest.
“There has also been no guidance issued to help retailers prepare for the law change, which has increased anxieties in the sector even further, especially because police are already so stretched they cannot respond to countless instances of retail crime as it is.”
Young said that the organisation’s members are prohibiting their staff from undertaking such arrests on their premises. With that said, she noted that business owners have no control over the actions of customers or other members of the public who may take matters into their own hands and place employees at risk.
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