New citizen’s arrest powers excite Destiny Church’s Brian Tamaki as Retail NZ warns policy could lead to deaths

Justice Minister Paul Goldsmith says retail crime costs the country "billions". Photo / Dean Purcell

The Government is receiving support for its new citizen’s arrest powers from Destiny Church leader Brian Tamaki, who says he is “excited” to receive “increased powers to police ... where law and order has failed”.

It comes as a member of the ministerial advisory group that advised the Government to strengthen citizen’s arrest powers warns the changes could lead to retail staff being hurt or killed.

As reported in the Herald this morning, Justice Minister Paul Goldsmith and Associate Justice Minister Nicole McKee today confirmed the Government would propose amendments to expand a person’s ability to detain someone committing a crime - known as a citizen’s arrest – to any time of the day and over any stolen goods.

Under current legislation, a citizen’s arrest couldn’t be made outside the hours of 9pm-6am unless the goods being stolen were worth at least $1000.

Specifics on how the change will work are scarce. In a press conference outside an Auckland dairy, Goldsmith said the acceptable range of actions allowed for under a citizen’s arrest would be tested through the judicial system when the changes became law, which was expected to be within this year.

Justice Minister Paul Goldsmith (centre) announces the Government's plans to strengthen citizen's arrest laws. Photo / Dean Purcell

However, he said the new powers would allow someone to detain an offender and restrain them, including tying them up. Those making citizens’ arrests would be required to contact police and follow their instructions.

They would also have to abide by the rules around the use of reasonable force, which described how a person making such an arrest was protected by law only if they used the necessary amount of force to overcome resistance to arrest in the least violent manner possible.

Goldsmith argued the policy was in response to a rising level of retail crime that cost “billions” to New Zealand’s retail sector.

It’s unclear whether police support the policy. The Herald has requested a response from Police Commissioner Richard Chambers.

Goldsmith later told the Herald he believed police had been “broadly supportive” of the policy but admitted police officials had had some “reservations” about the potential for encounters between criminals and people making citizens’ arrests to escalate.

In a social media post, Tamaki said he was “excited” to have increased policing powers to address failings of current law and order functions.

Tamaki recently endorsed the actions of his supporters storming a children’s drag science show in Auckland’s Te Atatū that prompted police to launch investigations after claims of assault during the incident.

The Government was advised to strengthen citizen’s arrest powers by its retail crime ministerial advisory group, set up in July last year and chaired by former Dairy and Business Owners Group chairman Sunny Kaushal.

Retail NZ chief executive Carolyn Young opposes the new powers. Photo / Jason Dorday

However, another group member, Carolyn Young, has strongly opposed the policy, speaking in her role as Retail NZ chief executive.

“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,” she said.

“This is extremely dangerous – people will get hurt or even killed. Frontline retail workers, who are often young people in their first job, do not go to work to do law enforcement.”

She told the Herald group members and other stakeholders were asked to propose ideas to combat retail crime but she said she didn’t see the final recommendations that were submitted to the relevant ministers.

“It’s not the process I would follow.”

Young, whose organisation represented about 5000 storefronts, including some of the country’s biggest retailers, said 99% of members did not support policies that allowed staff members to physically detain and restrain would-be offenders. They instead advocated for stronger trespass legislation and better use of facial recognition technology.

She said she voiced her concerns to Goldsmith in an “engaging” conversation yesterday but maintained she wanted to remain in the advisory group so she could advocate on behalf of her members.

Several union leaders have criticised the Government’s decision, saying it would only increase the risk of violence and legal action.

First Union general secretary Dennis Maga described the policy as “disastrously daft” and a “half-baked encouragement of US-style vigilantism”.

“A policy like this could open workers up to legal issues, to a greater risk of injury and death, and will almost certainly be put forward without a word spoken about the low wages workers earn while they effectively become the state’s loss prevention team.”

Council of Trade Unions president Richard Wagstaff warned there could be serious implications for worker safety and employment rights.

“There are serious employment and criminal law concerns for workers and the public by putting workers in harm’s way to save their boss a few bucks. Crimefighting is not within the scope of retail workers’ employment duties.”

Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.