A supporter of expanding citizen’s arrest powers says the changes being proposed by the Government are a sensible “clarification” of existing rules.
Sunny Kaushal is the chairperson of the Government’s ministerial advisory group for retail crime victims. Before that, he was the chair of the Dairy and Business Owners Group.
He told Q+A the proposal was about “empowering the victims of crime to defend themselves and their property”. The proposals were more of a “clarification” of the rules, rather than a call for vigilantism, Kaushal said.
“It’s not asking that you must arrest. But I want to tell people that the law is on your side. The law is on the side of the victims, and you don’t have to use it.”
He added: “These are not radical changes. This is not something we are bringing in new — the citizen’s arrest law already exists here.”
But the proposals, announced on Wednesday, had attracted opposition from the likes of Retail NZ, employers, unions, and the Police Association. The groups raised concerns that shopkeepers or other workers going after offenders could lead to serious injury or death.
Kaushal acknowledged that not everyone on his ministerial advisory group agreed with the idea of expanding citizens’ arrest powers.
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.
Kaushal said the existing laws were “confusing” and “inconsistent”.
When asked if there were cases where people had run into trouble with the law while trying to defend themselves from theft or criminality, Kaushal said there “have been cases” but it wasn’t a widespread problem.
Another key point of contention was the lack of clarity in the proposed law changes about the use of “reasonable force” in detaining offenders. Kaushal was asked if people who used citizen’s arrest powers incorrectly could be vulnerable to a civil claim.
He responded: “It’s about the judgment. I understand those retailers and the Kiwis, you know, they would have better judgment.”
The recommended changes 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.
Q+A with Jack Tame is made with the support of New Zealand On Air