Peak body Retail NZ has called a new proposal to help tackle retail crime in New Zealand “extremely dangerous”.
Plans to amend the Crimes Act 1961 have been announced by Justice Minister Paul Goldsmith, based on recommendations by the Ministerial Advisory Group for Victims of Retail Crime (MAG).
These reforms include amending the Crimes Act so that New Zealand citizens can intervene to stop any Crimes Act offence at any time of the day.
They will also require a person making an arrest to contact Police and follow Police instructions.
If passed, Retail NZ claims the amendments will allow retailers, security guards or members of the public to detain alleged offenders, and to use restraints.
“This is extremely dangerous – people will get hurt or even killed,” Retail NZ CEO Carolyn Young said. “Frontline retail workers, who are often young people in their first job, do not go to work to do law enforcement. Retail NZ’s focus remains on training retail workers and security personnel in prevention and de-escalation.”
Young said the majority of Retail NZ members are also strongly opposed to the proposals. Young is a member of the MAG but does not speak on its behalf.
“As part of Retail NZ’s efforts to combat retail crime, we have been exploring whether extending powers of detention beyond Police would be a solution. The great majority of members we have consulted have made it clear that only Police should have powers to detain offenders,” Young said.
Retail NZ also claimed that it is highly likely that the risk of violence would increase if retail staff, security guards or members of the public attempted to detain offenders.
The peak body also noted that most retailers do not have appropriate facilities to hold alleged offenders until Police arrive. And it is unlikely that Police response times would improve sufficiently to meet the requirements of the proposed amendments, Young said.
“As employers, retailers must do everything they can to keep staff safe under the Health & Safety at Work Act,” Young said. “Most retailers train their staff to prioritise their own safety rather than try to recover stolen goods. We cannot condone retail workers putting themselves into dangerous and volatile situations.”
In a statement, Goldsmith said retail crime increased 85 per cent between 2019 and 2023, including a 91 per cent increase in victimisations relating to theft.
“Currently, no one, including retailers and security guards, is protected from civil or criminal liability if they arrest and detain a person stealing goods valued at less than $1,000 during the day,” Goldsmith said.”The operation of the Crimes Act 1961 hinders people from stopping offending as it occurs right in front of them.
“This initial package of reforms, put forward by the Ministerial Advisory Group for victims of retail crime, will give Kiwi businesses additional tools to deal with those that are robbing them of their livelihood and economic growth.
Goldsmith added that the economic cost of retail crime in New Zealand is “in the billions”. He said the Government’s aim is to ensure that people working in the retail sector are being effectively protected and are empowered to stop offences happening, and that offenders are caught and deterred from future offending.
Associate Justice Minister Nicole McKee joined Goldsmith in the amendment announcement. She said that about 230,000 New Zealanders work in the retail sector.
“Increasingly, they are experiencing the personal and economic trauma of violent and theft-related crimes,” McKee said. “The impact of crime on this group can have flow-on effects for their families and wider communities.
“We established the [MAG] advisory group to provide first-hand insight into the issues being faced by Kiwi retailers on the ground. The recommendations the group has come up with are sensible reforms that will enable retail offenders to be more readily stopped and deterred from future offending.
“This is just the first suite of initiatives put forward by the Ministerial Advisory Group that the Government will be implementing. Watch this space.”
According to Retail NZ, retail crime is an issue that the peak body has been working on for several years, and that the association has a number of projects underway.
In consultation with members, Retail NZ is developing a range of its own practical solutions to offer protection to retailers and their staff.
Retail NZ has also been highly supportive of Foodstuffs North Island’s Facial Recognition Trial and the use of technology more generally, to benefit the wider retail sector.
“We understand that all retailers are frustrated with the level of crime in their stores,” Young said. “However, we believe that preventative measures, alongside the ability to recover goods and effective trespass laws will be more effective and safer for workers.”