Retailers split on controversial citizen’s arrest plans

While some shopkeepers are welcoming the expanded power to detain thieves, others say it could get someone killed.

Mōrena, and welcome to The Bulletin for Thursday, February 27.

In today’s edition: Green fairy busted by police; political veteran criticises Luxon’s ‘talking robot’ communication style. But first, retailers will be given greater leeway to detain suspected shoplifters. Do they actually want their new powers?

Retailers to get new powers of arrest

The government will amend the Crimes Act to give people greater powers to detain thieves, following the recommendation of some members of a ministerial advisory group on retail crime. The new legislation will allow anyone to intervene at any time, regardless of the value of stolen goods – a change from the current rules which restrict citizen arrests to nighttime hours and only for stolen goods worth at least $1000.

Under the new law, people making arrests must contact police and use only “reasonable force”, which justice minister Paul Goldsmith describes as “not necessarily a headlock, just holding someone steady”. While acknowledging the potential risks to physical safety – which could be magnified if thieves start carrying weapons – he insists the reforms will help deter retail crime.

Critics call law ‘shameful’ and ‘dangerous’

While some shop owners are celebrating the change, others are fuming. Retail NZ’s Carolyn Young says the move is “extremely dangerous” and the majority of her members strongly oppose it. “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,” she says.

First Union general secretary Dennis Maga describes the policy as “disastrously daft” and a “half-baked encouragement of US-style vigilantism”, reports the Herald’s Adam Pearse, while Labour’s police spokesperson Ginny Anderson calls the policy “shameful” and “dangerous”, adding, “I fear that it’s only a matter of time before tragedy strikes because of [the government’s] negligence.”

The legal experts’ take

Writing in The Spinoff this morning, legal academics Andrew Geddis and Henry Benson-Pope lay out the “many, many” risks inherent in the government’s proposal. They note that while Goldsmith has presented the law change as a response to retail crime, the new citizen’s arrest powers could be used for any offending. “[And] what if someone thinks that an offence is being committed and it then turns out that one hasn’t been? Does that then mean there is no legal defence available for the purported citizen arrester?

“Alternatively, if the defence is going to apply any time someone ‘reasonably believes’ that a Crimes Act offence is being committed, then that’s a pretty expansive field for wannabe vigilante heroes. Brian Tamaki, for instance, already has expressed that he is ‘excited’ at the thought of getting ‘increased powers to police … where law and order has failed’.”

Canada’s ‘Lucky Moose amendment’

A main proponent of the move was ministerial advisory group leader Sunny Kaushal, a former chair of the Dairy and Business Owners Group. In his submission, he highlighted an infamous citizen’s arrest in Canada in 2010 which eventually led to a similar law change. The so-called “Lucky Moose amendment” came about after Toronto shopkeeper David Chen chased down a serial shoplifter only to be charged with assault and forcible confinement. Chen’s acquittal amid a “popular outcry that turned him into a kind of folk hero” spurred a law change, reports the Globe and Mail.

Under the previous Canadian law, a perpetrator had to be caught red-handed for a citizen’s arrest to be legal. In 2013, it was changed to allow arrests to be made within a "reasonable" period of time after witnessing a crime. As in New Zealand, many retailers strongly rejected their new legal powers. “We would not, under any circumstances, urge our employees to chase a car that's stealing gas, or jump over the counter to try and take the law into their own hands,” said Dave Bryans, CEO of the Ontario Convenience Stores Association.

Have thoughts? Join the conversation in the comments.

How to reduce your power bill – and Aotearoa's reliance on fossil fuel

Around 80% of New Zealand's electricity comes from renewable sources like wind farms. But what happens when we need more power than those sources can serve up? This can happen during ‘peak power’ – just before and after the standard 9 to 5 workday.

To keep everything running smoothly, New Zealand often tops up the supply with energy from fossil fuels like coal and diesel. This isn't ideal, so what if there were some simple at-home hacks you could use to reduce your bill and our reliance on fossil fuels? Get the full story here.

Green fairy Gandalf busted by police

Police have raided renowned ‘green fairy’ Gandalf – real name Paul Smith – destroying greenhouses that supplied hundreds of patients with black market medicinal cannabis, Stuff’s Patrick Gower reports. Smith, who appeared in the documentary Paddy Gower: On Weed, has been charged with cultivating and supplying cannabis. While medicinal cannabis is legal, it’s expensive both for patients and for cannabis suppliers wanting to get licensed. Smith says he charged half the price of legal suppliers, and “those living on their own without any financial support” were gifted their supplies. Stuff have asked the police if they are satisfied that Smith’s charges meet the ‘public interest’ standard for prosecutions.

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Political veteran criticises Luxon’s ‘talking robot’ communication style

Christopher Luxon’s poor communication skills are damaging his standing with the public, former National Party chief press secretary Janet Wilson tells Stuff’s Glenn McConnell. After his train-crash interview with Mike Hosking earlier this week, the PM is “at a very important juncture”, Wilson says, as “people are starting to notice the bad habits he's got himself into”. Her damning assessment doesn’t stop there. “He rote learns [his talking points] to a point where he is nothing but a talking robot and has no flexibility in his thought processes,” she adds. Asked about the interview, Luxon said he didn’t “get it right all the time” when it came to communication, reports the Herald’s Jamie Ensor.

Join us at The Spinoff Book Club

The best way to enjoy a book is by yourself, the second best way is with a theatre full of people. Books editor Claire Mabey will lead a conversation with avid writers and readers Duncan Sarkies, Carl Shuker, Courtney Johnston and more. Join us to hear about their favourites, their recommendations, and what to look out for in the year to come.

Click and Collect

• A no-confidence vote against Cook Islands PM Mark Brown has failed. (RNZ)

• The New Zealand Navy took almost an hour to notify the Australian Defence Force that Chinese warships in the Tasman Sea had begun firing exercises. Australia’s opposition has raised the issue in parliament. (The Post)

• Wellington Council is considering extending Cuba St’s pedestrianised zone to the entire road. (The Post)

• New Zealand and Vietnam have signed a Comprehensive Strategic Partnership during the PM’s visit to Hanoi. (RNZ)

• Only 6% of New Zealand wills contain charity bequests, compared with 10% of wills in the United States and 13.7% of British wills. (The Post)

• An Australian couple have criticised Qatar Airways after a blanket-draped corpse was seated next to them during a long-haul flight. (The Guardian)

Right now on The Spinoff

Day 10 of the Treaty Principles Bill hearings saw Ruth Richardson and Anne Salmond submit on opposing sides, write Joel MacManus and Lyric Waiwiri-Smith. New Zealand’s recent barrage of '“wake-up calls” should have alarm bells ringing, says Toby Manhire. Is this the cast that’s finally going to break MAFS AU, wonders Alex Casey. Alice Neville investigates whether violent crime has really dropped for the first time since 2018. Never, ever let AI draft your emails, warns Madeleine Holden.

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