Scott says a law change would be common sense and lead to ‘fewer thugs trying it on’.
A prominent Auckland businessman who tackled a would-be thief says allowing citizens’ arrests would be common sense and lead to “fewer thugs trying it on”.
News publisher Todd Scott, owner of the National Business Review, acted on instinct when he lunged at a man trying to steal a box ofbeers at Countdown (now Woolworths) Metro on Lower Albert St in September 2023.
However, when supermarket staff phoned police, they said Scott should let the crook go or risk being arrested himself.
Scott, who did not know at the time what he was doing was unlawful, told the Herald today he never did face any consequences for his quick thinking.
Todd Scott tackles the alleged shoplifter at Countdown in Auckland's CBD. Photo / via video
The Herald understands Justice Minister Paul Goldsmith and Associate Justice Minister Nicole McKee will detail intentions to amend the Crimes Act to make it easier for retail staff and members of the public to make citizens’ arrests — effectively detaining an offender until police arrive.
Scott told the Herald: “It’s just common sense. Things are out of control in New Zealand ... and if people had the ability to do what I did in that situation, I believe we’d have fewer thugs trying it on.
“Under the law, as it stands at the moment, you can go into any shop you like, you can go into a jewellery shop, and you cannot be touched.
“[A law change] will make the perpetrator think twice.
Under current legislation, making a citizen’s arrest or detaining an offender could only occur at night between 9pm and 6am.
The Crimes Act also stated a warrantless arrest could be made by anyone if the offender was committing a crime for which the maximum punishment was at least three years in prison.
The value of the item being stolen had to be worth at least $1000.
Justice Minister Paul Goldsmith is likely to announce a law change making citizens’ arrests easier. Photo / Mark Mitchell
The changes were intended to enable shop owners or security guards to prevent a thief from leaving the retail store with the stolen goods without risking being charged for using force. Goldsmith and McKee were expected to explain the application of reasonable force in those scenarios.
It was understood the proposed changes, which were intended to come into force this year, would have no age limitations or require a minimum price for the stolen items before a citizen’s arrest could be made.
Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.
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