What’s Happening?
The government is proposing changes to the Crimes Act that would expand citizen’s arrest powers. Currently, private citizens can only make an arrest in limited circumstances, such as when a serious crime (punishable by 3+ years in prison) is committed or when an offence happens at night.
Under the new proposal, everyday New Zealanders—including shop attendants, retail workers, and security staff—could detain a person they believe is committing an offence, such as theft, trespassing, or vandalism.
- They would be allowed to use reasonable force to restrain the person.
- They would be required to contact the police as soon as possible.
The government believes these changes will help businesses and communities prevent retail crime. However, there are concerns about what this means for Māori, public safety, and the risk of racial profiling.
Why does this matter to Māori?
These changes could increase harm to Māori communities by expanding the power of untrained individuals to detain others, raising the risks of:
Racial profiling and bias – Māori are already disproportionately targeted by law enforcement. Research shows Māori are more likely to be stopped, searched, arrested, and subjected to force than Pākehā. For example:
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- Māori are 11% more likely to be prosecuted than Pākehā for the same offences.1
- Police use force against Māori in 54% of cases, despite Māori making up only 16% of the population.2
- Māori men are more frequently tasered by police compared to non-Māori.3
- 72% of Māori believe there is racism within the New Zealand Police force.4
This law could encourage ordinary citizens to act on their own biases, increasing the likelihood of Māori—especially rangatahi—being wrongly detained or harmed. Giving untrained individuals the power to decide who looks “suspicious” risks further entrenching racial discrimination in Aotearoa.
“Reasonable force” is dangerously vague. The proposal allows for “reasonable force,” but what does that actually mean? Without clear guidelines, there is a risk of excessive force being used.
This increases risk for workers, customers, and the public. Expecting untrained civilians to detain people in potentially high-stress situations escalates danger rather than preventing it.
Escalation of violence – Expecting untrained civilians to intervene in criminal activity creates more risk for both the person making the arrest and the person being detained. Retail workers, customers, and passersby could all be caught up in dangerous situations.
It shifts focus away from real solutions. Expanding citizen’s arrest powers does not address the root causes of retail crime—poverty, lack of opportunities, and systemic inequality. Real change comes from investment in whānau, rangatahi, and community-led crime prevention—not from harsher laws.
What can be done?
This is not a done deal, there is still time to have your say on these proposed changes.
Public Submissions – The government may open a public consultation period where people can formally submit their concerns. Hāpai te Hauora will update this page as soon as details are confirmed.
Raise Awareness – Share this information with whānau and hapori to ensure people understand what’s happening.
Stay informed and have your say – Hāpai Te Hauora will continue to follow this kaupapa and provide updates on how communicates can take action.
References:
[1] Victoria University of Wellington Faculty of Law. (2024). Research into New Zealand policing finds systemic racial bias. Jurist.org. https://www.jurist.org/news/2024/08/research-into-new-zealand-policing-finds-systemic-racial-bias/
[2] Neilson, M. (2020). Police use of force report: Māori seven times more likely than Pākehā to be on receiving end. NZ Herald. https://www.nzherald.co.nz/kahu/police-use-of-force-report-maori-seven-times-more-likely-than-pakeha-to-be-on-receiving-end/F4WELSYC2KGHMPZF35NSCDNLM4/
[3] RNZ. (2024). Māori men more likely to be stopped, tasered, prosecuted by police due to “bias” and “structural racism.” RNZ. https://www.rnz.co.nz/news/national/525785/maori-men-more-likely-to-be-stopped-tasered-prosecuted-by-police-due-to-bias-and-structural-racism
[4] Horizon Poll. (2022). 72% of Māori believe there is racism in NZ Police. Horizonpoll.co.nz. https://www.horizonpoll.co.nz/page/645/72-of-mori-believe-there-is-racism-in-nz-police
