ShopCare Charitable Trust is deeply concerned about the government’s proposed reform that would allow retailers to detain shoplifters under a citizen’s arrest using "reasonable force."

Announced by Justice Minister Paul Goldsmith, the reform aims to empower retailers to take direct action against shoplifters. While acknowledging the governments intent to find a solution through the Ministerial Advisory Group on Retail Crime, ShopCare warns that this approach introduces significant safety risks for retail workers and customers.

Prioritising retail worker safety

ShopCare CEO Selena Armstrong is strongly against the proposed changes, citing the significant risks they pose to retail workers, customers, and the wider community.

“Under no circumstances should preventing theft come at the expense of our retail workers’ safety. While we are aware the law currently exists in the evening, widening this may encourage employers to put pressure on workers to place themselves in harm’s way” says Armstrong.

Under the Health and Safety at Work Act (HSWA) 2015 employers are required as part of their duty of care to their employees and others influenced by their work, such as members of the public, to ensure a risk assessment is undertaken to identify any indicators for an increase in work-related violence and aggression and take steps to minimise or reduce those risks.

Armstrong adds “While we understand that all of this is in the early stages, we’re unsure how these proposed reforms will impact current legislation, and the existing protections provided to workers under HSWA 2015”.

New data reinforces the risk

New data from NZ Police shows retail theft and related offences have increased by 12% in 2024 compared to 2023, equating to 12,872 more impacted retailers in the last year. In total, 122,773 victimisations were recorded in the past year, underscoring the urgent need for effective solutions.

ShopCare Chair Gerry Lynch adds, “These reforms put retail workers in an impossible position – expected to act as law enforcement without the training or protection that comes with it. The potential for escalation and harm is significant, and we should be prioritising prevention strategies rather than reactive measures that increase risk. Staff at the Department of Corrections and NZ Police deploy extensive training on restraint and reasonable force, and even they get it wrong on occasion.”

ShopCare believes retail crime is a serious issue that requires urgent attention. However, the safety and wellbeing of retail workers must remain paramount, and solutions must be developed in consultation with those who work on the frontline, so we can better understand the implications of introducing these reforms and ensure there are no unintended consequences.

Collective retail concern

ShopCare is uniquely positioned to provide critical insights into the health, safety and wellbeing challenges faced by the New Zealand retail sector, given its significant industry connections and leadership. The charitable trust is led by a board of trustees, a steering group, and an advisory group comprising senior representatives from New Zealand’s top retailers who are actively engaged in the work of ShopCare.

Their collective expertise and on-the-ground experience reinforce that the proposed reforms will likely exacerbate risks for retail staff rather than provide a viable solution to retail crime.

Kim Calvert, Country Manager of Cottonsoft says, “Historically, shoplifters were less aggressive and more cooperative when caught, but things have changed a lot. The current propensity for shoplifters to resort to violence, makes physically restraining them far too dangerous, and it is not worth a worker’s life to do so”.

Violence and aggressive behaviour (VAB) is the leading concern ShopCare hears from retailers and VAB is the second most visited ShopCare webpage (after the ACC injury dashboard), with a range of resources and training for supporting retail staff.

About ShopCare

ShopCare is a charitable trust dedicated to enhancing health, safety, and wellbeing outcomes for the retail sector and its supply chain in Aotearoa New Zealand. ShopCare provides free guidance, training, and resources aimed at fostering a safer, healthier working environment for all kaimahi/workers.

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