Stab-resistant vests, body cameras and a high level of fitness are what the security industry says it takes to safely make a citizen's arrest under New Zealand's new laws as it urges the public to leave it to the professionals.
The New Zealand Security Association (NZSA) today launched good practice guidelines and an advanced training course for guards, warning that detaining someone must only ever be a last resort.
Police have given the public similar advice. saying in official guidance "the safest action is to keep yourself and others safe, observe the crime, and call 111".
The expanded powers, 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. But people risk an assault charge if they get it wrong and, earlier this month, the NZSA advised guards not to use the powers until training is in place.
Justice Minister Paul Goldsmith earlier said the powers are 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.
NZSA chief executive Gary Morrison told 1News the law gives everyone the right to intervene, with a citizen's arrest as the last resort, but this carries "significant health and safety concerns".
"What we've put forward now is make it very clear that only security staff [who] have been appropriately trained and are competent should undertake that type of work."
Morrison said the stab-resistant vests reflect a high number of incidents involving knives. The body cameras work "two ways", protecting guards while also holding them accountable to the public.
"There is a concern about increasing aggression being directed towards retail staff and security staff."
He pointed to a case in Hamilton, where a man who tried to make a citizen's arrest was arrested for assault.
"That is the danger of having people, particularly members of the public, who believe they know what they're doing, who don't understand the law and could certainly aggravate a situation."
'Not for everybody'
The NZSA aims to train 50 guards by Christmas and between 200 and 250 next year, out of about 20,000 licensed security officers.
Morrison said the voluntary, face-to-face course is a major step up from the "foundation level" training guards now need, which covers the basics of the law, the role and situational awareness.
Graduates will become what the NZSA calls advanced security officers, trained to an international standard with the legal knowledge and the physical and mental capability to detain someone safely.
Under police guidance, anyone who makes an arrest is responsible for the detained person's welfare until officers arrive. That includes checking whether they need medical help or are vulnerable because of age, disability or intoxication.
Police warn people never to kneel or sit on someone, or put pressure on their neck or head, because of the risk of positional asphyxia.
Morrison said the guidelines repeatedly make clear arrest is not the default. Guards should first observe, de-escalate, gather evidence and call police.
"At the moment, it is a last resort, and that's what our staff will be trained on. You really go through all the other options first."
He said the message is aimed at retailers who might see the law as a chance to push security to "catch as many people as possible", and at shoppers who demand to know why guards are not stepping in.
Retailers urged to read guidelines
Retail NZ, which represents the retail sector, has welcomed the guidance and backed the NZSA's position that only guards who have completed the new training should make arrests.
Retail NZ chief executive Carolyn Young said in a statement the guidelines showed "just how difficult and complicated it is to get right".
"Undertaking a citizen's arrest puts both the alleged offender and the person performing the action at significant risk of harm. Without the proper understanding of the law and training on how to detain someone safely, it is very easy for things to go wrong."
Young said retailers should read the guidelines before deciding whether to allow citizen's arrests in their stores, and all New Zealanders should put observation, de-escalation, evidence gathering and early police involvement first.
SHARE ME