Security staff have been advised not to carry out citizen's arrests under new powers until industry training is in place, with the sector still grappling with uncertainty a month after the powers came into force.
Justice Minister Paul Goldsmith said the powers were optional and it was ultimately up to businesses whether to use them – but the Government made no apologies for giving retailers a stronger tool against theft.
The New Zealand Security Association, representing about 85% of the industry, said no citizen's arrests had been reported by its members and the association was advising the powers be a last resort.
A new bill introduced to Parliament this month is looking to give the public greater powers to make a citizen's arrest. (Source: 1News)
Chief executive Gary Morrison told 1News there was still uncertainty around how the laws would work in practice.
The expanded powers, passed as part of the Crimes Amendment Bill and in force since last month, allow anyone to use "reasonable force" to detain a person 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.
Morrison said the association's advice to staff had not changed while training was being developed.
"Our advice has been at this stage that security staff should be doing what they always do, which is to observe and report and keep people safe," he said.
"They should only be conducting a citizen's arrest, certainly as part of their role, once they've had appropriate training, and have the capability to do that type of function."
'Should only ever be the last resort'
Morrison said there was a public misconception that guards would now use the powers routinely.
"It should only ever be the last resort," he said.
"What we would be concentrating on - risk management, de-escalation, personal safety, all those key issues that should be performed by a competent security person."
Under the plan, trained guards would be clearly identified with an ID badge signifying they were competent to carry out an arrest, Morrison said, and was what the public should look for.
Morrison said the association's members serviced major malls and retailers, putting their guards among those most likely to encounter the situations the new powers were designed for.
The key benefit of the new law was the legal certainty they provided, he said, removing the uncertainty guards previously faced over factors such as the time of day or the value of goods taken.
"Under the previous legislation, there was always question marks," he said.
"Under the new legislation it removes that uncertainty and makes it very clear. If you have been trained, if you've got the appropriate competency, it takes that uncertainty away. You can do it if it's absolutely necessary."
Goldsmith: Powers are optional, not compulsory
Justice Minister Paul Goldsmith said the legislation had gone through the proper process and delivered on a commitment to have it in place prior to the election.
"The Crimes Act Amendment Bill was well signalled and went through a full and standard legislative process. We promised to have it in effect before the election. We've delivered," he said in a statement to 1News.
Goldsmith stressed using the powers was optional, not compulsory.
"No one is obliged to carry out a citizens' arrest. It's simply an additional tool available for retailers to use, if they feel comfortable," he said.
"However, people must always use reasonable force, and must ring the police and follow their instructions. Any use of force that is beyond reasonable will expose people to potential civil or criminal liability. The public will need to exercise caution when effecting arrests, and police will use their discretion if they think someone has gone beyond the bounds of what is permitted by the law."
He said the changes were aimed at giving retailers better tools to combat ongoing theft.
"Situations where people can just walk out of supermarkets with full trolleys, and all someone can do is escort them to their car, cannot continue."
Police guidance
Police have set out guidance for anyone considering stepping in, advising that in most situations the safest option is still to observe, keep clear of harm and call 111.
"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."
Those who do intervene must be sure they have the right person, clearly tell them a citizen's arrest is being made, call 111 as soon as practicable and follow police directions, including releasing the person if told to.
Police advise against searching or questioning the person, and warn that using excessive force can expose someone to criminal or civil action.
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