Making it easier for security guards to detain shoplifters will be a priority for a new Government working group focused on tackling retail crime, the Justice Minister says.
The Government announced the creation of a ministerial advisory group for the victims of retail crime earlier this week. Over the next two years, the group would provide the Government with specific proposals to address issues for retailers.
Minister Paul Goldsmith said the group would talk directly with retail crime victims, workers, business owners, retail experts and advocacy groups to develop the proposals.
He said earlier this week that the Government wanted to look at clarifying how "sole owners of businesses can legitimately defend their property".
Speaking to Q+A today, Goldsmith said existing laws were "a bit vague" and led to uncertainty for retailers and security guards about what they could and couldn't do.
"At the moment, it's a bit vague, because of your risk of, sort of, being held to assault yourself, if you're trying to stop or detain somebody until police can come — so I think there is a bit of work to do to clarify that."
The Justice Minister said the legalities of enabling more citizens-style arrests were currently unclear, but that he wanted the new working group to look at it.
He added: "I've seen it for the first time in my life in the last couple of years - you go to a supermarket and somebody's coming out the other way with a trolley full of stuff
"The response has quite frequently been: 'We'll just let people go. We're not going to intervene. We're not going to have we're not going to stop them in any way.'
"And ultimately, that's not sustainable, because, you know, no society can function when you can just walk out.
"The law is not clear. People are not certain as to what they can and can't do, and I think that's an area where we can get some clarity. There may be a role for suitably trained security guards to be able to detain people. That's an issue that I want them to look at."
Legally speaking, store staff or security guards can currently only make a "citizen's arrest" under a limited set of circumstances, using "reasonable force", until police arrive.
However, they do not have the right to search a person's bags and could be liable to a civil claim or criminal charge if they detain somebody when they're not entitled to.
In his interview, Goldsmith — as Media Minister — also talked through the Government's plans to compel tech giants to negotiate deals with media organisations.
Q+A with Jack Tame is made with the support of New Zealand On Air
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