Retailers and members of the public will soon have beefed-up rights to detain and arrest suspected thieves by using “reasonable force”, the Government has announced.
It says the measures will help tackle retail crime.
But the changes have been slated by business lobby groups — including the Employers and Manufacturers Association and Retail NZ — who say it could lead to violence.
Meanwhile, Labour says the Government’s changes are “shameful” and “dangerous”.
Justice Minister Paul Goldsmith said the coalition would implement the first suite of recommendations from its retail crime advisory group.
The changes recommended by the group included:
- Amending the Crimes Act so that citizens can intervene to stop any Crimes Act offence at any time of the day
- Requiring that a person making an arrest contact police and follow police instructions
- Clarifying that restraints can be used, when reasonable, when making an arrest
- Changing the defence of property provisions to the Crimes Act so it is clear that reasonable force may be used.
Under existing laws, ordinary people could detain someone they found committing a Crimes Act offence at night between 9pm and 6am. The provision also applied to crimes where the maximum punishment was at least three years imprisonment.
“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 $1000 during the day,” Goldsmith said.
“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.”
Change panned by business groups, a union and Labour
The planned changes drew condemnation from two major business lobby groups, with one saying “people will get hurt or even killed” as a result.
Retail NZ chief executive Carolyn Young said member businesses had “grave fears” about the proposals.
“The great majority of members we have consulted have made it clear that only police should have powers to detain offenders,” she said in a media release.
“Most retailers train their staff to prioritise their own safety rather than try to recover stolen goods. We cannot condone retail workers putting themselves into dangerous and volatile situations.”
She said police have advanced training, and it is unlikely that security guards, retail staff or the public would have the techniques needed to handle a violent offender.
Young said: “This is extremely dangerous – people will get hurt or even killed.
“Frontline retail workers, who are often young people in their first job, do not go to work to do law enforcement.”
Meanwhile, First Union said the Government was treating retail workers as “free cops”.
“The Government wants to be tough on crime but they’re also being tough on logic and tough on taste with this ridiculous policy,” general secretary Dennis Maga said.
“A policy like this could open workers up to legal issues, to a greater risk of injury and death, and will almost certainly be put forward without a word spoken about the low wages workers earn while they effectively become the state’s loss prevention team.”
The Employers and Manufacturers Association’s Alan McDonald said business owners were being encouraged to put themselves and their staff in harm’s way.
“Our concern is that these proposals will lead to an escalation in violence. If an offender believes they will be met with aggression, they will come prepared,” he said.
“Far from discouraging thefts or aggression in retail workplaces, we believe this will result in swarming behaviour in which a number of offenders will be present to create numerical superiority. Those are outcomes that no-one wants.”
Labour justice spokesperson Duncan Webb said the Government’s changes would be “turning New Zealand into the wild west”, saying it put low-wage workers 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,” the party’s police spokesperson Ginny Andersen said.
More changes from working group to come
Associate Justice Minister Nicole McKee said the “sensible” reforms would help protect the 230,000 people who worked in the retail sector, saying further changes were coming.
“The recommendations the group has come up with are sensible reforms that will enable retail offenders to be more readily stopped and deterred from future offending.
“This is just the first suite of initiatives put forward by the ministerial advisory group that the Government will be implementing.”