Justice Minister Paul Goldsmith on Wednesday announced changes to legislation that will give businesses wider power to detain shoplifters.
The move is part of a raft of reforms proposed by the advisory group on retail crime that was launched in September.
The reforms include:
- Amending the Crimes Act 1961 so that citizens can intervene to stop any Crimes Act offence at any time of the day;
- Obliging a person making an arrest to 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 in the Crimes Act so it is clear that reasonable force may be used.
Under current legislation, anyone can make an arrest at night where there are reasonable grounds for believing a person is committing an offence.
A warrantless arrest can be made if the offender is committing a crime for which the maximum punishment is at least three years imprisonment.
However, a person risks civil or criminal liability in the event of detaining a person stealing goods valued at less than $1000.
"The operation of the Crimes Act 1961 hinders people from stopping offending as it occurs right in front of them," Goldsmith said.
"This initial package of reforms ... will give Kiwi businesses additional tools to deal with those that are robbing them of their livelihood and economic growth."
Justice Minister Paul Goldsmith announces proposed reforms to the Crimes Act 1961 in Auckland's Mt Roskill on 26 February. Photo: RNZ / Gaurav Sharma
Over the past year, New Zealand retailers have expressed frustration on the slow progress in tackling crime impacting their businesses.
In response, an advisory group on retail crime was created with an operating budget of $1.8 million per annum for at least two years, led by former Crime Prevention Group president Sunny Kaushal.
Other members included Dairy and Business Owners Group vice-chair Himanshu Parmar, Michael Hill national retail manager Michael Bell, Foodstuffs North Island retail and property general manager Lindsay Rowles and Retail NZ chief executive Carolyn Young.
"The economic cost of retail crime in New Zealand is in the billions, and retailers and security guards face abuse and assault that no New Zealander should be subjected to," Goldsmith said.
"This government will ensure that 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."
Goldsmith told reporters that while people might be concerned this would encourage an uptick in violence and vigilantism, it was not compulsory and people needed to consider their own safety first.
People would not be able to use unreasonable force or excessive force, he said.
"Stopping someone from moving, restraining them is fundamentally what we're on about ... and then the role is to call for the police and to hold them until such time."
Goldsmith also said the proposed changes did not compel untrained retail staff to detain offenders in every situation.
"Every business or individual has to decide for themselves in any given circumstance whether it is safe to intervene," he said.
"And, quite rightly, on many occasions people will conclude it's not, and they won't. But at least now, [retailers] have the opportunity [if they wish to do so]."
Goldsmith said youth offenders who were involved in aggravated robberies, a primary area of concern for ethnic business owners, would also fall under the umbrella of the law changes.
"These changes are not going to solve every problem in every circumstance," he said. "When you are dealing with serious violent crime, you need to have serious consequences. Our sentencing reforms are very significant in that sense - for youth offenders equally."
The minister pushed back on suggestions the reforms were being introduced after the government's experiment with boot camps to tackle youth offending hadn't produced the desired results.
"[Introducing the legislation] is ... a recognition that we have got to pull many levers to deal with an extremely complex problem," he said.
"Youth offending is extremely complicated. We are dealing with young lives. Part of it is sending clear messages and having serious consequences. Part of it is dealing with truancy and addiction.
"We have got a broad plan. And this is one step that will help [in reducing youth offending]."
Associate Justice Minister Nicole McKee said it was important to protect about 230,000 Kiwis working in the retail sector.
"Increasingly, they are experiencing the personal and economic trauma of violent and theft-related crimes," McKee said. "The impact of crime on this group can have flow-on effects for their families and wider communities."
Earlier Wednesday, Young told Morning Report she was concerned about an escalation of violence and threats to staff.
Frontline retail workers were often young and in their first job and "don't go to work to do law enforcement," Young said.
"We have grave concerns about proposals to empower people to physically restrain or physically engage with people to stop them doing a crime, and the fact that could create more violence and people will get hurt," she said.
"We know that in the past where people have chased after alleged offenders there have been deaths."
There may be an increase in weapons people bring knowing they could be challenged, she said.
