New Zealanders now have wider powers to detain someone committing a crime, after Parliament passed the Crimes Amendment Bill earlier this month.
Previously, that power only applied between 9pm and 6am or to crimes carrying at least three years' imprisonment, but legislation passed into law last week enables anyone to use "reasonable force" to detain a person committing a Crimes Act offence at any time of day.
Justice Minister Paul Goldsmith said the amendment would hand businesses enhanced powers to detain and arrest those stealing from them.
"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."
The change has been controversial. Retail NZ, the Police Association and Business NZ all opposed the expansion during select committee, warning it could put untrained members of the public at greater risk of injury.
Green Party justice spokesperson Lawrence Xu-Nan warned the powers extend well beyond shoplifting to cover every Crimes Act offence, raising the prospect of arrests over minor incidents.
With the law now in force, police have set out guidance for anyone considering stepping in.
What actually counts as a citizen's arrest?
It's when someone who isn't a police officer arrests another person for committing — or having committed — an offence under the Crimes Act 1961. That covers everything from theft and burglary to assault.
"Do not intervene if it may put you or others in harm’s way. It’s important to consider whether the person may have a hidden weapon," police said in official advice.
"In most situations, the safest action is to keep yourself and others safe, observe the crime, and call 111. Your primary responsibility is to maintain the safety of everyone involved."
If there's any immediate risk of harm to you or someone else, call 111 — don't intervene.
Staying safe if you do intervene
If you go ahead, to keep the arrest lawful you need to:
- Be sure you've got the right person
- Have reasonable and probable grounds to believe a Crimes Act offence has occurred
- Clearly tell the person you're making a citizen's arrest and holding them for police
- Call 111 as soon as practicable, and follow whatever directions police give — including releasing the person if told to
- Ask for their cooperation
- Avoid using force unless it's genuinely necessary, and even then use the minimum required — "reasonable force" depends entirely on the circumstances, and excessive force can expose you to criminal or civil action
- Not question the person
- Not search them or their belongings
- Be ready to give police a statement afterwards
Get any of this wrong and you could end up facing assault charges yourself, or being sued.
The legal protections — and their limits
The Crimes Act sets out different tiers of protection depending on the situation, and it's worth understanding these aren't the same as police powers:
- Section 35 covers catching someone in the act. You're "justified" in arresting them without a warrant, meaning not guilty of any offence and not liable to civil proceedings.
- Section 36 applies at night, when you believe on reasonable grounds an offence is being committed. This protects you from criminal responsibility only, not from being sued.
- Section 37 applies when you reasonably believe an offence has already happened. Again, criminal law protection only.
- Section 38 covers assisting a pursuit of someone escaping after an offence. The same limited protection applies.
- Police recommend seeking independent legal advice if you're unsure how these apply, and point people to the Crimes Act itself for the full detail.
Once you've made an arrest
You're responsible for the detained person's welfare until Police arrive.
That means thinking about where you're holding them, whether they need medical help, whether they might be vulnerable due to age, disability or intoxication, and their physical position — police are explicit that you should never kneel or sit on someone or apply pressure to their neck or head, given the risk of positional asphyxia.
Check on them regularly, and act reasonably and proportionately throughout.
Police response will still be prioritised based on demand, and officers may ask you to release the person before they arrive — your account of events will matter for any later prosecution.
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