Citizen’s arrest concerns
The Motor Trade Association (MTA) fears government proposals to strengthen the laws around citizens’ arrests will end up placing some of its members in physical danger and increase the risk of confrontation.
It describes the coalition’s plans, announced on February 26, as well-intentioned but is concerned it will have unintended consequences.
The MTA notes service station members are frequent targets of often violent retail crime but says few of those will support the government’s move.
Lee Marshall, chief executive, adds: “There is, unfortunately, a risk that this measure will end up placing staff in physical danger, and escalates the risk of confrontation and conflict.
“Businesses have a duty of care to their employees and obligations under the Health and Safety at Work Act and while detaining offenders may now become more legally permissible, most employers will undoubtedly forbid it from the outset.
“Dealing with criminals should not be left to the workers in the frontline.”
The government has announced it will propose amendments to expand the ability for someone to detain someone committing a crime – known as a citizen’s arrest – to any time of the day and over any stolen goods.
Under current legislation, a citizen’s arrest can’t be made outside 9pm to 6am unless the goods being stolen are worth at least $1000, reports the NZ Herald.
Marshall, pictured, says the MTA appreciates that the government has recognised the impact of crime on hard-working New Zealanders in the retail sector.
“But crime is ultimately a symptom, and addressing the causes must be the focus of government if it wants to make a lasting impact on offending.
“Solving the issue requires more than ambulances – or police cars – at the bottom of the cliff.”
The MTA also believes New Zealand Police needs to take a more proactive role in preventing and responding to crime at service stations.
Marshall adds the solution to tackling crime should not be to put the onus on business owners and their employees.
The MTA has consistently advocated for greater police patrolling of at-risk sites and that offenders who share their crimes on social media should be disqualified from a discount for remorse at sentencing.
“We realise this is only the first action the government has taken following advice from ministerial advisory group,” continues Marshall.
“We hope further recommendations include sharing knowledge between sectors of preventative and de-escalating measures that work, giving employers the tools they need to minimise the chance of crime.
“Reducing crime is everyone’s interest, and our experience is that businesses are not at all protective in sharing ideas that help everyone.”
