Government Targets Retail Crime with Tougher Penalties
The Government has toughened New Zealand’s trespassing and retail crime laws to address a surge in retail theft, violence, and disorder.
The maximum trespass period has increased from two to three years, allowing businesses to keep persistent offenders out for a longer period. Retailers can also now issue trespass notices that cover multiple locations of a chain business, rather than being restricted to a single store. Large retailers have long argued that current laws inadequately address offenders who simply move between branches.
The fines for refusing to leave when asked, or returning after being trespassed, are to double, from $1,000 to $2,000. Fines for refusing to provide a name and address, or giving false information, will also double from $500 to $1,000.
Retail NZ, a strong advocate for these changes, welcomed the proposals as a “positive step” in the fight against retail crime. They note that over 99% of retailers report that crime has impacted them, with annual losses exceeding $2.6 billion.
Easier enforcement of verbal trespass notices, with proposals to allow CCTV footage to serve as evidence that a notice was issued, aims to address concerns about the practicality and safety of obtaining personal details from offenders.
New Offences and Instant Fines Introduced
In tandem with the trespass law reforms, the government has introduced tougher penalties for shoplifting:
• On-the-spot fines (infringement notices) of up to $1,000 for low-value thefts, to be issued by police, much like speeding tickets. This is designed to provide swift consequences for offenders and reduce the administrative burden on police and courts.
• A new offence of aggravated theft for shoplifting that involves threatening, intimidating, or violent behaviour. This carries harsher penalties, including longer maximum prison sentences—up to one year for thefts under $2,000, and up to seven years for more serious cases.
• The government has also signalled a broader “tough on crime” approach, with additional penalties for assaults on first responders and “coward punches” announced in the same period.
Retail NZ has described the new penalties as a “step in the right direction,” noting that shoplifting is at “epidemic levels” and that recidivist offenders are a major issue. Their report found that 73% of retailers experienced shoplifting and 58% experienced threatening behaviour in the past year.
Business and Industry Groups Applaud the Changes
Retailers and business groups have been vocal in their support for these measures. They argue that existing laws were “toothless,” allowing repeat offenders to flout bans with little consequence. The ability to issue multi-location bans and enforce trespass orders more easily is seen as critical for protecting staff and customers, as well as the financial viability of businesses.
Sunny Kaushal, chair of the Ministerial Advisory Group on retail crime, described the previous act as “a joke,” and said the changes would bring New Zealand more in line with countries like Australia and Canada.
The hospitality sector has also backed the reforms, with Hospitality NZ supporting stronger trespass laws to protect businesses and staff from rising violence and disorder.
Critics Say Laws Penalise Poverty, Not Crime Causes
The new laws have not been universally welcomed. Critics, including Green Party MP Tamatha Paul, argue that the government’s approach criminalises poverty and fails to address the root causes of petty crime, such as food insecurity and the cost-of-living crisis. Paul has described the shoplifting measures as “criminalising poor people,” and pointed to the struggles of food banks and social services as evidence that deeper social issues are being ignored.
National Party figures have dismissed these criticisms, accusing opponents of “giving shoplifting the green light” and noting that Labour and the Greens have opposed other recent law-and-order initiatives.
There is also concern from some legal experts and analysts about the potential for increased use of force, particularly against youth and Māori, as a result of related measures such as expanded citizens’ arrest powers. Ministry of Justice analysis suggests that such changes may not improve public safety and could lead to more inappropriate use of force.
Next Steps: Implementation Still in Progress
Some details of the new trespass regime, such as the exact process for issuing and recording verbal trespass notices, are still being worked through. Retail NZ and other industry groups are engaging with officials to ensure the amendments to the Trespass Act are practical and effective in real-world retail settings.
Retailers are also investing in complementary crime prevention tools, including facial recognition technology, security guards, fog cannons, staff training, and body cameras.
While the measures are designed to deter repeat offenders and enhance safety, they have also reignited debate about the balance between law enforcement and addressing social drivers of crime.
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