New offences for attacks on first responders and coward punches, tougher penalties for retail crime and expanded citizen’s arrest powers have now become law after Parliament passed the Crimes Amendment Bill.
The legislation, which passed its third reading on Thursday, delivers a suite of long-promised reforms agreed by National and New Zealand First as part of their coalition agreement.
Justice Minister Paul Goldsmith said the bill was another significant piece of the Government’s crime reforms — delivering on a promise to have it in place before the next election.
"Our Government is committed to fixing the basics in law and order, and that means ensuring retailers are being effectively protected, are empowered to stop offending, and that offenders are caught and deterred from doing it again."
Today, he said the majority of the legislation "will take effect within a week".
The Act makes changes across five areas — here's how each one works:
New legislation aims to deliver stronger consequences for offenders targeting emergency workers as attacks on first responders increase. (Source: 1News)
Attacking first responders
Under the changes, the existing offence of assaulting a police officer now covers paramedics, firefighters and prison officers – carrying a maximum penalty of three years' imprisonment.
Assaulting a first responder with intent to injure will draw a sentence of up to five years, while injuring with intent could bring up to seven years – an offence also triggering the Three Strikes regime and subsequent mandatory minimum sentences.
Justice Minister Paul Goldsmith said first responders ran towards dangerous situations to help those who needed urgent help.
"Assaulting them puts multiple lives at risk, so there must be greater consequences for these heinous acts of violence," he said.
"We want to send a very clear message that assaults against our first responders will not be tolerated."
New Zealand First leader Winston Peters said the measure had long been a priority for his party.
The offences “will ensure the consequence reflects the gravity of the crime”. (Source: 1News)
Coward punches
The law also creates specific offences for so-called coward punches – one-punch attacks on unaware victims that cause grievous bodily harm.
Where an offender intended injury or acted with disregard for safety, the maximum penalty is eight years, rising to 15 years where grievous bodily harm was intended. A one-punch attack that kills carries a new culpable homicide offence with a maximum of life imprisonment.
Goldsmith said the coward punch was so-called "for obvious reasons".
"People can be killed or suffer lifelong brain injuries, yet perpetrators often receive lenient and insufficient sentences," he said.
Justice Minister Paul Goldsmith said public confidence in the justice system was undermined if people could steal with "apparent impunity". (Source: 1News)
Retail crime
On retail crime, the law brings on-the-spot infringement fees for low-level theft. Shoplifting goods worth up to $500 incurs fines of up to $500, while stolen items valued over $500 can result in fines up to $1000.
Maximum prison terms rise to one year for thefts of around $2000 or less, and up to seven years where the value of goods exceed $2000. A new aggravated category of offence covers thefts under $2000 carried out in an offensive, threatening, insulting or disorderly manner.
Associate Justice Minister Nicole McKee said the extended sentences could mean up to twice as long behind bars for an aggravated theft.
"Criminals will be forced to think twice before destroying more lives," she said.
Questions swirl around what “reasonable force” might look like and who has been consulted on the proposal. (Source: 1News)
Citizen's arrest
The law expands citizen's arrest powers, letting people use "reasonable force" to detain anyone committing a Crimes Act offence at any time of day.
Previously that power applied only between 9pm and 6am, or to crimes carrying at least three years' imprisonment. Anyone making an arrest must contact police and follow their instructions, and restraints may be used where reasonable.
The citizen’s arrest change drew criticism during the bill's passage. Retail NZ chief executive Carolyn Young warned staff would "need to be very well trained" to restrain someone.
"To ask a retail staff member to do that is a really big ask," she said.
Green Party justice spokesperson Lawrence Xu-Nan raised concerns that the powers reached beyond shoplifting to cover every offence in the Crimes Act.
"You could arrest someone for bumping into you. Corporate crimes is another good example that is covered under the Crimes Act," he said.
"It could lead to complete anarchy."
Retail NZ also advocated against the expansion of citizen’s arrest laws. Chief executive Carolyn Young said retailers were deeply concerned the new laws would put staff and customers at greater risk of harm.
“Retail NZ, along with the Police Association and Business NZ, were unequivocal when we submitted to Parliament that allowing citizen’s arrest dramatically increases the likelihood of serious injury, and even death.
"Having untrained people attempting to arrest and restrain others, risks escalating already heightened situations and may encourage offenders to proactively arm-up further with weapons,”
Trafficking and people smuggling
The Act also strengthens New Zealand's slavery and trafficking laws. The maximum penalty for dealing in slaves, or in children for sexual exploitation, organ removal or forced labour, rises from 14 years' imprisonment to 20 years, or a fine of up to $500,000, or both.
The trafficking offence has been broadened to cover recruiting, transporting or harbouring someone through coercion, deception or abuse of power for exploitation – closing a gap that made such conduct hard to prosecute as a single offence. For child victims, prosecutors no longer need to prove coercion or deception at all, unless the accused can show they reasonably believed the victim was an adult.
Prosecutors will also find it easier to bring domestic trafficking cases to court, with Attorney-General consent no longer required where the offending happened wholly within New Zealand. A new provision separately shields undercover police from prosecution for acts committed while investigating child exploitation, unless the Attorney-General grants leave.
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