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Retail NZ warns citizens’ arrests could spark more violence in stores

Wednesday, 18 February 2026

Retail NZ says if a bill allowing a citizen’s arrest goes ahead it will prove problematic for already stretched and under-resourced retailers.
Retail NZ says if a bill allowing a citizen’s arrest goes ahead it will prove problematic for already stretched and under-resourced retailers.

Retail NZ says if the Crimes Amendment Bill is updated to allow for a citizen’s arrest, retailers could experience an explosion in violence.

Many retailers are already stretched and under-resourced, so allowing citizens’ arrests would inevitably create more trouble that retailers and their staff would need to tend to, says Carolyn Young, chief executive of Retail NZ.

“It's violence on violence, which our members are concerned that will raise the level of violence that we'll see in store.”

Draft legislation of proposed changes to the Crimes Amendment Bill says if someone undertakes a citizen’s arrest they need to call police immediately to be told what to do next.

However, Young is sceptical that would and feared the responsibility would fall on retailers’ shoulders.

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“We fear retailers will then partly be responsible for the health and wellbeing of one, the person being detained, and two, the people that are doing the detaining,” Young told The Post.

“Retailers are here to serve the public selling products you've come into store for, whether it's a hardware store or a supermarket or an apparel store or IT store, they're an expert in those areas. Retailers don't want to be the police. They're not trained to be the police.”

The Crimes Amendment Bill - due its second reading in Parliament - passed its first reading in December, despite opposition from members of the Ministerial Advisory Group for Victims of Retail Crime.

There were claims Justice Minister Paul Goldsmith was not briefed well enough on the concerns of the group, which wrapped up four months earlier.

Public submissions for the bill closed on Monday.

Retail NZ has made a submission against it, saying it would cause extensive disruption for retailers.

“What we've said in our submission is that Retail NZ is concerned that the proposed expansion of citizen’s arrest powers … moves New Zealand significantly out of step with our international partners,” Young told The Post.

Countries like the United Kingdom, Australia and parts of the United States had moved to clarify civilian arrest powers to prevent vigilantism and protect human rights, she said.

“These proposals in the bill represent a sharp reversal of that trend.”

Young said she took particular concern in the allowing of use of things such as handcuffs, and believes expanding the rules would enable more violence in stores.

“We have a significant number of people coming into stores with concealed weapons so there is already concern that if people were approaching alleged offenders that they will be hurt.

She also said that the proposed amendment would be “a complete conflict to the health and safety legislation”.

“Our members have been clear to us that the safety of their staff is paramount for them, but they're also concerned that consumers could come into their store and undertake a citizen's arrest and then come to the staff and say, ‘Here, I've arrested this person, they were doing X, Y, Z, where can we leave them with you?” and off they go.”

A retailer’s perspective

Liz Wheadon of Normanby Fine Wines and Spirits in Auckland’s Mt Eden said she found provisions allowing for citizens’ arrests “very concerning”.

“I would be very cautious of it. We would always take a view of wanting to protect our employees,” Wheadon said.

Having just opened her first store less than a year ago, and with another set to open in Wellington in March, Wheadon said she believed better store layouts could be an alternative deterrent to retail crime.

“Reducing crime by preventative manners, rather than what happens at the other end, would be a much better place for us to put our energy,” she said.

Having staff members dealing with citizens’ arrests in shops would not be a good use of resources. It would also come with additional investment and a financial impact, Wheadon said.

“It's not something our team are trained to do, and it's not something that I think should be expected of them. Staffing and having high quality staff in retail is tricky as it is. If you add something like citizen’s arrest into it, you're just getting a completely different kettle of fish.”