Retail NZ has warned that a proposal to expand citizen’s arrest provisions in the Crimes Amendment Bill could create risks for members of the public and retail staff.
Parliament’s Justice Committee is currently receiving submissions on the draft law, which includes provisions to extend existing citizen’s arrest laws to address retail crime.
Retail NZ CEO Carolyn Young said the proposal could place people across New Zealand at risk of harm. “It would mean anyone could perform a citizen’s arrest and use restraints on another person,” she said.
Young said the bill does not set an age limit, meaning children could carry out a citizen’s arrest. The provision could apply to any perceived offence, including minor incidents such as taking a bottle of water.
The bill also proposes allowing the use of force against an offender in defence of property. Retail NZ said members have raised concerns that the change could lead offenders to carry weapons, increasing the risk of injury to retail workers, customers and others nearby.
“Our members have told us they will prohibit their staff from undertaking citizen’s arrests in their stores, but they cannot stop members of the public from doing so,” Young said.
Young said the proposal could also conflict with obligations under the Health and Safety at Work Act, which requires employers to ensure the health and safety of those in the workplace.
Retailers may also lack facilities or staff to detain an offender until police arrive. Young said police resources are stretched, and officers are not able to attend every report of retail crime. In some cases, police may instruct people to allow the offender to leave.
“It is hard to see how the current citizen’s arrest provisions within the Bill would make any difference to New Zealand’s rates of retail crime,” Young said.
“We hold concerns that this legislation, as drafted, would create more vigilantism and would mean our stores would no longer be safe spaces to shop and work.”
