Police Association president Chris Cahill describes the reforms as risky and unnecessary. Photo: RNZ / Angus Dreaver
The Police Association has slammed the beefed-up citizen arrest powers proposed by the Government, saying they are highly risky and could have unintended consequences.
The recommendations from a retail crime advisory group would give businesses wider power to detain shoplifters.
However, Police Association president Chris Cahill describes the reforms as risky and unnecessary.
"It's not worth getting hurt, or even killed, for a few dollars or some cigarettes," he said.
The government unveiled changes to citizen's arrest powers, with clearer rules aimed at helping retailers deal with shoplifting, on Wednesday.
Currently no one, including retailers and security guards, were protected from civil or criminal liability if they arrest and detain a person stealing goods valued at less than $1000 during the day.
The proposed changes would allow citizens to intervene to stop any crimes. However, the person making an arrest must contact police and follow their instructions. A person making arrest would also be allowed to use reasonable force and restraints, if necessary.
Cahill told Morning Report the changes would actually make life more unsafe for a lot of retailers and members of the public who get involved.
He said police officers are highly trained and equipped to deal with criminals, however, they still suffer assaults.
"The idea that the public can do this safely is just putting them at risk that isn't necessary," he said.
Cahill said the police didn't recommend increased citizen arrest powers to the previous Labour-government.
"I suspect that they [the police] are not in favour of it but they're not coming out clearly and saying that," he said.
Cahill was also worried about members of the public trying to arrest boy racers, which becomes risky when there are moving vehicles involved.
"There are lots of things that I don't think have been thought through in this legislation," Cahill said.
He said the Police Association would be making strong submissions during the select committee process, and would point to examples where citizens arrests have gone wrong.
"We know why its been recommended and we know why certain retailers think it's a good idea... I think some common sense might prevail when the facts come out," he said.
Kick Back founder and youth advocate Aaron Hendry agreed, telling Morning Report the government's changes to citizen's arrest powers would escalate violence and put lives at risk.
"I think we are going to see a lot of very dangerous situations come out of this," Hendry said.
He said the crimes that would fall under these changes are primarily crimes of poverty, particularly, carried out by children.
"We are leaving workers and poor people to fight it out on the street rather than actually responding appropriately."
Escalation in violence - EMA
The Employers and Manufacturers Association (EMA) said the expansion of citizens' arrest powers could increase health and safety risks for retail workers and is unlikely to reduce shoplifting effectively.
EMA Head of Advocacy, Alan McDonald, argued business owners were being encouraged to put themselves and their staff at risk, which goes against the Health and Safety at Work Act.
"Employers must protect their staff from harm, and asking them to restrain or arrest offenders puts them in danger. Health and safety rules apply to all businesses," McDonald said.
"The impact of theft is often much worse for small businesses, which can't easily absorb the losses. But the risk of harm to employees and their families is also serious if something goes wrong."
McDonald said the 12 percent rise in retail theft and related offences could be tackled with more trained police presence.
"Police officers are trained in how to use appropriate force when apprehending suspects. They're experts in preventing violence, and their increased presence in retail areas is the safest solution, alongside measures to prevent crime, recover stolen goods, and enforce trespass laws."
Retail NZ Chief Executive, Carolyn Young, shared the concern, worrying about the increase in violence and threats to staff.
She told Morning Report frontline retail workers were often young and in their first job, and "don't go to work to enforce the law."
"Backing retailers with greater protection" - Ministerial Advisory Group chair
Sunny Kaushal, who leads the Ministerial Advisory Group for Crime Prevention, said old laws left retailers unprotected.
He believed a big driver of crime was the lack of real consequences for offenders.
"While more police presence is important, we also need to strengthen the justice system's response. Without consequences, policing becomes a pointless 'catch and release' process."
Kaushal said, in the current legislation, business owners couldn't detain offenders, and criminals were aware.
"The rules on citizens' arrests are confusing and restrictive." he said.
Kaushal said the changes were a historic moment for the country.
"I'm incredibly proud of the solutions we've developed to make retail environments safer for law-abiding workers who are victims of crime. Changing a law from 1893 is a once-in-a-lifetime achievement and a victory for hardworking New Zealanders."
RNZ has contacted Paul Goldsmith's office for comment.
