Destiny Church leader Brian Tamaki claimed his controversial 'Man Up' group would get increased powers through the rule change. Photo: RNZ / Angus Dreaver
Concerns ranging from Bill of Rights protections to potential harm have been raised over new citizen's arrest laws, for which Destiny Church leader Brian Tamaki has expressed enthusiasm.
Earlier this week Justice Minister Paul Goldsmith announced new rules which would allow members of the public to "arrest" people, which was aimed at tackling retail crime.
These changes were slammed by the Police Association, which described them as highly risky and having potential for unintended consequences.
Tamaki, on the other hand, welcomed the changes.
"How EXCITED I am that MAN UP is about to receive increased powers to police ... where law and order has failed," the self-styled bishop wrote on X.
How Excited i am That MAN UP
— Brian Tamaki (@BrianTamakiNZ) February 25, 2025
Is about to Recieve Increased
Powers to Police..
Where Law and Order has Failed
The Law is Better Late than Never pic.twitter.com/eIZ2rL6NjD
Barrister and University of Otago Law School lecturer Henry Benson-Pope told Checkpoint Tamaki's enthusiasm for the new laws was worrying.
"I think it's concerning any time a group in our community is excited or enthusiastic about using force against others.
"These reforms are supposed to be targeted at combating retail crime, and as far as I'm aware Mr Tamaki doesn't have anything to do with that."
Some Destiny Church supporters are currently being investigated by police after they stormed a children book reading that was part of Pride week celebrations.
Justice Minister Paul Goldsmith announced new rules which would allow members of the public to "arrest" people. Photo: RNZ / Marika Khabazi
There were other concerns with the with the laws, which allowed citizens to intervene to stop any Crimes Act offence, Benson-Pope said.
"If you expect ordinary citizens to know which offences fall within the Crimes Act and not other acts, there's this real level of uncertainty.
"You worry that people will be carrying out citizen's arrests and exposing themselves to legal liability without knowing they're doing so."
People being arrested by other citizens would not have the same rights and protections granted by the Bill of Rights when being arrested by police, he said.
"You don't have the Bill of Rights protections ... and you also don't have bodies like the Independent Police Conduct Authority that you can go to to complain about an unlawful arrest."
People were also more likely to be harmed than in conventional police arrests, Benson-Pope said.
"There is a concern that citizens who are not trained in the appropriate use of force - like our police and corrections officers are - will use excessive force and risk endangering people that they think have committed offences."
"If these proposals are seen to encourage or promote citizens taking the law into their own hands - like it seems they may have for some members of the Destiny Church that have commented about it - that is concerning."
People were simply not equipped to judge when to make an arrest, he said.
"It's police who are trained to understand when there is reasonable belief or cause to arrest someone who they think has committed an offence.
"There are other better ways to explore preventing retail crime," he said.
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