Retailers sound alarm as expanded citizen’s arrest powers pass Parliament

Kineta Knight
Kineta Knight
Aug 07, 2026 9:17 am |
File

New Zealand’s retail sector has sounded a warning over expanded citizen’s arrest powers, saying the changes could place workers and customers at greater risk of violence.

The Crimes Amendment Bill passed its third reading in Parliament on Thursday with the Government saying it would give businesses greater powers to detain and arrest people stealing from them.

The Bill must receive Royal Assent before formally becoming law. Justice Minister Paul Goldsmith said most of its provisions would take effect within a week.

Under the changes, people will be able to intervene to stop any offence under the Crimes Act at any time of the day.

Existing citizen’s arrest provisions treat some offences differently depending on whether they occur during the day or at night. This includes theft involving property worth less than $1000, where some existing powers only apply between 9pm and 6am.

Anyone making a citizen’s arrest will be required to contact Police and follow their instructions.

The legislation also clarifies that restraints may be used when reasonable during an arrest and that reasonable force may be used when defending property.

Goldsmith said the changes were intended to ensure retailers were protected and empowered to stop offending.

“Retailers and security guards face abuse and assault that no New Zealander should be subjected to, and we know the economic cost of retail crime is in the billions,” he said.

Goldsmith said the legislation was another part of the Government’s work to restore law and order and ensure offenders were caught, deterred and faced meaningful consequences.

However, Retail NZ Chief Executive Carolyn Young said retailers were on edge after the provisions passed Parliament.

Retail NZ had strongly opposed the expansion of citizen’s arrest laws, arguing they could encourage untrained people to physically intervene in unpredictable and potentially violent situations.

“Retailers are deeply concerned about this new legislation, which will put their staff and customers at greater risk of harm,” Young said.

She said Retail NZ, the Police Association and BusinessNZ had warned Parliament that expanding citizen’s arrest powers could increase the likelihood of serious injury or death.

“Having untrained people attempting to arrest and restrain others risks escalating already heightened situations and may encourage offenders to proactively arm-up further with weapons,” Young said.

Retail NZ members had indicated they would prohibit staff from carrying out citizen’s arrests on their premises.

However, Young said retailers would have limited control over customers or other members of the public deciding to intervene.

“Retailers do not have the skills nor facilities to deal with people who have been subject to a citizen’s arrest,” she said.

Young said the lack of official guidance had increased anxiety within the sector, particularly when retailers already believed Police were unable to respond to many reports of retail offending.

Retail NZ had been seeking guidance since the Bill passed its second reading on 30 June.

Young said Goldsmith had indicated Police were working on guidance, but it was disappointing retailers had not received it early enough to prepare staff and businesses for the changes.

Retail NZ was supporting members to prepare but said official direction was urgently needed.

Former Ministerial Advisory Group for Victims of Retail Crime chairman Sunny Kaushal described the Bill’s passage as a historic milestone for victims, businesses and law-abiding New Zealanders.

Kaushal said the legislation reflected recommendations developed by the advisory group, including changes relating to defence of property, self-defence and consequences for theft.

The advisory group held more than 40 consultations across the country during an 18-month period, meeting retailers, victims, Police, councils, business organisations, community leaders and frontline workers.

Kaushal said those consultations consistently found retailers and victims believed the balance had shifted too far in favour of offenders and wanted practical reforms that restored accountability and confidence.

He said the changes were not intended to encourage people to place themselves in danger or provoke confrontations.

“The objective has always been clear: better protect victims, support those who act lawfully and responsibly, and strengthen confidence in the justice system,” Kaushal said.

“The law should protect law-abiding New Zealanders every hour of every day, not only at certain hours of the day.

“Offenders don’t check the clock before committing crime. The law shouldn’t check the clock before protecting New Zealanders.”

Alongside the citizen’s arrest provisions, the Bill creates specific offences for assaulting first responders and frontline corrections workers.

Goldsmith said first responders ran towards danger to assist people needing urgent help and attacks against them placed multiple lives at risk.

The legislation also introduces three specific offences relating to so-called coward punches, which involve strikes to the head or neck.

Goldsmith said such attacks could kill people or leave victims with lifelong brain injuries, while offenders had previously received sentences the Government considered insufficient.

Other changes include a shoplifting infringement regime and strengthened human trafficking, people smuggling and slave-dealing provisions.

Kineta Knight
Kineta Knight

Kineta Knight is a highly experienced senior journalist, content creator and producer. She has worked as a reporter for radio, TV, digital and print, as well as editor of lifestyle magazines in NZ and the UK. Kineta's interests include all-things creative and community. Contact: [email protected]

Have you got a news tip? Get in touch here

got a news tip?