New Zealanders now have significantly wider powers to detain someone committing a crime, after the Crimes Amendment Bill passed into law earlier this month and took effect this week.
Previously, the power to make a citizen’s arrest only applied between 9pm and 6am, or to offences carrying at least three years’ imprisonment. Under the new law, anyone can use reasonable force to detain a person committing any offence under the Crimes Act 1961 at any time of day, covering everything from theft and burglary to assault.
Justice Minister Paul Goldsmith said the change would give businesses stronger tools to deal with theft. “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 expansion was contested during select committee, with Retail NZ, the Police Association and Business NZ all raising concerns it could put untrained members of the public at greater risk of injury.
Police have now issued formal guidance for anyone considering stepping in, and the advice leans heavily toward caution. Officers say the safest option in most situations is to observe, stay safe and call 111 rather than intervene directly, particularly if there is any chance the offender is armed.
For those who do go ahead, police guidance sets out a strict checklist. An arrest must be based on reasonable grounds, made clear to the person being detained, followed by a call to 111 as soon as practicable, and carried out using the minimum force necessary. People making an arrest cannot question or search the detained person, and must be ready to give a statement afterwards.
Legal protection varies depending on the circumstances, with different sections of the Crimes Act offering protection from criminal charges but not necessarily from civil action. Anyone making an arrest remains responsible for the detained person’s welfare until police arrive, including their physical safety, with police explicit that restraint techniques risking positional asphyxia must never be used.
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