Citizen's-arrest powers a ‘disaster waiting to happen’, say retailers and police association

The Government’s recently proposed Crimes Amendment Bill is not the right solution to retail crime, according to both retailers and the police assocation.

If passed, the bill would allow a citizen’s arrest to be undertaken at any time of the day, using reasonable force and restraints, by any member of the public, for any level of crime.

Chief executive of Retail NZ Carolyn Young says the proposed changes go against the Health and Safety Act and may pressure retail staff to physically intervene.

“It sends a confusing message, and we don't want people to think that you're going to come and work in retail, and you're going to have to undertake these tasks of having to arrest someone.”

LISTEN: Chief executive of Retail NZ Carolyn Young says the proposed changes breach New Zealand health and safety laws.

Young says retail crime can be prevented in other ways.

“There's no silver bullet. Retailers have to deploy a wide range of things to ensure that they can keep their stores safe.”

She says these include attentive customer service, good relationships with local police and neighbours, effective CCTV, lack of decals blocking windows, security guards and use of AI facial-recognition technology.

President of the New Zealand Police Association Steve Watt says putting this level of power on ordinary citizens is an unreasonable expectation.

“Despite the training [police] receive, they don't get it right all the time either. And yet here we are with a prospective bill before the select committee which puts expectations on members of the public to get it right all the time.

“It’s an absolute disaster waiting to happen.”

He says there hasn’t been enough consideration of police resourcing, as a large portion of retail crime doesn’t reach the threshold for priority response.

“There’s a risk there, that people who are arrested may have to be let go . . . there’s a risk of very serious injury to not only those that used the power, but also to the alleged offenders.”

Shut The Front Door retail assistant Nicole Whitfield says the changes won’t have any positive effect on retail crime.

“I don’t think it's going to deter anyone. The fact that shoplifting is illegal should be the deterrent. I’m certainly not going to grab anybody.”

The Government is pushing to enact the changes before this year’s election.

“There hasn’t been enough publicity about it . . . you can’t just say 'reasonable force’ You’ve got to be very specific,” says Whitfield.

Frontline Designer Clothes co-owner Maria Allen says it doesn’t make sense and she wouldn’t feel comfortable physically intervening.

“It doesn’t seem right. It’s a bit bizarre actually . . . I just don’t know what the Government has really got to gain by this. Quite frankly, I think it will only make things worse.

“That’s an invasion of privacy. I don’t think anybody should be allowed to touch someone with force.”

Whitfield says the powers may be better in the hands of security guards, with proper training and regulation.

Watt says that with more consultation, this alternative would be “certainly a step in the right direction".

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Our journalists sometimes use AI tools which are checked by humans for accuracy.

AI was used to transcribe audio from the interview.