The Government yesterday unveiled changes to the citizens' arrest powers, with clearer rules aimed at helping retailers deal with shoplifting.
The recommendations from a retail crime advisory group would give businesses wider power to detain shoplifters.
The reforms announced include:
- Changing the Crimes Act so citizens can intervene to stop any Crimes Act offence at any time of the day.
- Requiring a person making an arrest contact the police and follow their instructions.
- Clarifying 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.
At present no one, including retailers and security guards, are protected from civil or criminal liability if they arrest and detain a person stealing goods valued at less than $1000 during the day.
The proposed changes would allow citizens to intervene to stop any crimes. However, the person making an arrest must contact police and follow their instructions. A person making arrest would also be allowed to use reasonable force and restraints, if necessary.
Police Association president Chris Cahill describes the reforms as risky and unnecessary.
"It's not worth getting hurt, or even killed, for a few dollars or some cigarettes."
Cahill told RNZ's Morning Report programme today the changes would actually make life more unsafe for a lot of retailers and members of the public who get involved.
He said police officers are highly trained and equipped to deal with criminals, however, they still suffer assaults.
"The idea that the public can do this safely is just putting them at risk that isn't necessary," he said.
Cahill said the police didn't recommend increased citizen arrest powers to the previous Labour government.
"I suspect that they [the police] are not in favour of it but they're not coming out clearly and saying that," he said.
Cahill was also worried about members of the public trying to arrest boy racers, which becomes risky when there are moving vehicles involved.
"There are lots of things that I don't think have been thought through in this legislation," Cahill said.
He said the Police Association would be making strong submissions during the select committee process, and would point to examples where citizens arrests have gone wrong.
"We know why its been recommended and we know why certain retailers think it's a good idea... I think some common sense might prevail when the facts come out," he said.
Kick Back founder and youth advocate Aaron Hendry agreed, telling Morning Report the Government's changes to citizens' arrest powers would escalate violence and put lives at risk.
"I think we are going to see a lot of very dangerous situations come out of this."
Crimes that would fall under these changes were primarily crimes of poverty, particularly carried out by children, he said.
"We are leaving workers and poor people to fight it out on the street rather than actually responding appropriately."
Retail NZ chief executive Carolyn Young was concerned about an escalation of violence and threats to staff, saying front-line retail workers were often young and in their first job.
Young, a member of the ministerial advisory group, said chair Sunny Kaushal supported an expansion of citizens' arrest powers, and some smaller retailers also backed the move.
However, most Retail NZ members have said they wouldn't use the powers because they were concerned about staff safety, she said.
They wanted to be able to approach someone who has allegedly offended, get goods back without any violent interaction, have them removed, and use trespass laws and facial recognition so the person does not return.
