- Retailers and the public will have more power to detain shoplifters under new citizen’s arrest laws.
- Justice Minister Paul Goldsmith is making the announcement in Auckland at 2pm. It will be livestreamed at the top of this article.
- The changes aim to curb rising retail theft and will allow reasonable force without age or value limitations.
The Government has confirmed it will amend the Crimes Act to give all citizens greater ability to arrest or detain thieves stealing from retail stores amid an increase in retail crime.
Speaking to media this afternoon, Justice Minister Paul Goldsmith and Associate Justice Minister Nicole McKee detailed how current legislation didn’t protect retailers or security guards from liability if they tried to detain an offender if the stolen goods were worth less than $1000 and occurred during the day.
Their proposed changes would mean any person could intervene and detain an offender at any time of the day and over goods of any value.
The pair said the reforms would include requiring people making citizens’ arrests to contact police and follow their instructions.
The level of restraint being employed would also be clarified and it would be made clear what level of “reasonable force” could be used.
“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.”
Speaking to media, Goldsmith said he believed the new citizens’ arrest powers would deter criminals from committing retail crime.
He accepted there was a risk of offenders bringing more threatening weapons with them that could risk the public’s safety in light of the new powers.
“Yes you’ve always got to be mindful of that,” he said, but didn’t believe that should mean the Government shouldn’t progress the changes.
On what reasonable force would look like, Goldsmith said stopping someone from moving or leaving was the point of what they were talking about.
“Not necessarily a headlock, it’s just holding someone steady,” he said.
New legislation would be introduced in the next few months, Goldsmith said.
He believed the use of citizens’ arrests would be tested in the courts when the legislation passed through the House.
Asked if the Police Commissioner was on board, Goldsmith said police and other agencies had been consulted but said it was up to Parliament to decide what policies to progress. Goldsmith didn’t directly answer whether police supported the decisions.
The use of reasonable force was clear in terms of restraining a person, Goldsmith said.
“We’re not talking about people using weapons.”
Goldsmith addressed media in Auckland this afternoon.
He is expected to announce a range of measures aimed at curbing rising retail theft, which have been proposed by its ministerial advisory group formed in July to address retail crime.
The Herald understands Goldsmith and McKee will detail their intention to amend the Crimes Act 1961 to make it easier for retail staff and members of the public to make citizens’ arrests – effectively detaining an offender until police attend.
Under the current legislation, making a citizen’s arrest or detaining an offender could only occur at night between 9pm-6am. The Crimes Act also stated a warrantless arrest could be made by anyone if the offender was committing a crime for which the maximum punishment was at least three years in prison.
It was also understood the value of the item being stolen had to be worth at least $1000.
The changes were intended to enable shop owners or security guards to prevent a thief from leaving the retail store with the stolen goods without risking being charged for using force. Ministers Goldsmith and McKee were expected to explain the application of reasonable force in those scenarios.
It was understood the proposed changes, which were intended to come into force this year, wouldn’t have age limitations and would not require a minimum price for the stolen items before a citizen’s arrest could be made.
The ministers were expected to encourage the public and retail staff to contact police if an incident occurred and to prioritise their own safety over detaining an offender.
It was likely to be the first of several announcements that come from the Government’s ministerial advisory group, led by former Dairy and Business Owners Group chairman Sunny Kaushal.
On Monday, Kaushal told the Herald he had encouraged ministers to strengthen use of force and citizen’s arrest powers, having previously advocated for an approach used during an attempted shoplifting in Canada in 2010, in which a shoplifter was tied up and put in the back of a van until police arrived, an incident that was later endorsed in legislation.
“The crime is out of control, and this Government promised New Zealanders that they’re going to restore law and order,” Kaushal said of the coalition Government.
“We are here, coming from the grassroots, bringing the independent advice to the ministers, the evidence-based policies which have been successful overseas and can be successful over here as well.
“Our law says you can defend your property as long as you do not strike back or do not cause bodily harm, whereas Australians say you can defend your property as long as you do not cause a serious injury or death, it’s a very clear demarcation.”
The latest New Zealand Crime and Victims Survey showed there had been a 12% increase in “theft and related offences” at retail premises between 2023 and 2024.
In a statement, Goldsmith and Police Minister Mark Mitchell acknowledged the Government had “more work to do” to combat retail crime.
The pair did welcome a slight reduction in overall victimisations over the same period.
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.
