Kerre Woodham: Who actually wants the expanded citizen's arrest powers?

Well, after a spirited discussion yesterday on the potential changes to the laws around citizen’s arrests, the press conference announced the actual changes. They are amending the Crimes Act so that citizens can intervene to stop any crimes act events at any time of the day, requiring that a person making an arrest contact police and follow police instructions. Clarifying that restraint can be used when reasonable when making an arrest and changing the defensive property provisions to the Crimes Act so it's clear that reasonable force may be used.  

Almost immediately, a wide range of groups and organisations slammed the proposals. The Police Association says the changes are highly risky and could have unintended consequences. Police Association President Chris Cahill told Mike Hosking this morning that the reforms are risky and unnecessary, and says it's not worth getting hurt or even killed for a few bucks or some ciggies.  

“I mean, look at dairies for instance, they don't have security guards, and they have shopkeepers and family people, and there's going to be an expectation that they do it, especially if they're working for some boss who thinks they should do it. But even security guards, you look at some of these security guards – they're not really highly trained they're not highly equipped. To think of police officers, we've got all the equipment, all the training, still get assaulted every day, some really seriously. So, I don't mean to be the humbug. I get why people think on the face of it, a good idea, but when you peel it back, it's pretty risky stuff.” 

Retail NZ chief executive Carolyn Young said member businesses had “grave fears” about the proposals. “The great majority of members we have consulted have made it clear that only police should have powers to detain offenders”, she said. “Most retailers train their staff to prioritise their own safety rather than try to recover stolen goods. We cannot condone retail workers putting themselves into dangerous and volatile situations”.  

The Employers and Manufacturers Association said business owners were being encouraged to put themselves and their staff in harm's way. They fear it will lead to an escalation in violence – if an offender believes they'll be met with aggression, they'll come prepared. “Far from discouraging thefts or aggression and retail workplaces”, the EMA says, they believe this will result in “swarming behaviour in which a number of offenders will be present to create numerical superiority, those are outcomes no one wants”. Goes without saying that the unions and Labour hate the proposals.  

To me, what is really alarming is the group that LOVES the idea of beefed up powers for citizens. Do you know who LOVES the idea? Destiny Church. Destiny Church leader Brian Tamaki says he's “excited” to receive “increased powers to police, where law and order has failed”. If Tamaki wants something, I don't. The idea of his boofheads going around deciding what's right and what's wrong and who's a criminal who's not gives me the heebies.  

But the thing that gets me is, did the government not ask the police, and Retail NZ, and the EMA whether they wanted to increase the powers of citizen’s arrest? Call me naive, and in fact you did yesterday, and in fact I accept that I was, but I would have thought that before you set up a working group, that the working group was as a result of Retail NZ, and the EMA, and the police, and the dairy owners saying we really need to do something about these citizen’s arrest powers? We really need to beef them up. I would have thought that it would have the support of Retail NZ and the EMA and all these pivotal groups that are actually involved at the coal face. If they say no, no thanks very much, leave it to the police, and the police say no, no, we're highly trained and we still get hurt, imagine what can happen to people who don't have the training and don't have the equipment, who did they ask before they set this up? Who wants this apart from Destiny Church? Which really, as I say, puts the heebies up me.

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