Justice Minister Paul Goldsmith. Photo: RNZ / Mark Papalii
The maximum length of time someone can be trespassed from a business, as well as the maximum fines, are set to increase, under proposed changes announced by the government.
But how retailers will be supported to issue trespass notices is still to be worked through.
The proposed changes to the Trespass Act include:
- Increasing the maximum trespass period from two years to three
- Increasing the maximum fine for someone refusing to leave when asked (or returning when trespassed) from $1000 to $2000
- Allowing businesses such as franchises to trespass individuals from multiple locations
- Increasing the maximum fine for anyone refusing to give their name and address (or giving false information) from $500 to $1000.
Justice Minister Paul Goldsmith said before the legislation is introduced, the government would explore how best to support retailers when distributing notices to those who refused to engage.
He said New Zealand's trespass laws were no longer fit for purpose.
"They're difficult to enforce and often criminals take no notice. They return with impunity and just continue to rob businesses of their livelihoods."
The policy is the latest in a series of law and order announcements the government has made over the past week.
It also plans to introduce stronger penalties for shoplifting, increase maximum sentences for those who assault first responders or prison officers, and introduce legislation to make coward punching a specific offence.
Goldsmith said the bill would also go to Select Committee so businesses could have input in how the law was managed, such as how to enforce the trespass in multiple locations.
He said the government was still working with the sector on the best use of technology to ping repeat offenders, or people who visited different locations of businesses they were banned from. He said it may include facial recognition technology, or using CCTV.
He was not concerned about what it might mean if someone was banned from every supermarket location across the country.
"They could go to another supermarket, or they could go online, or they could avoid getting trespassed," he said.
Goldsmith said there would be no tolerance for violent behaviour from someone refusing or breaching their trespass notice, pointing to other policies such as citizen's arrests and and more police on the beat.
He had also directed the Ministry of Justice to be aggressive in collecting fines.
Sunny Kaushal, chair of the Ministerial Advisory Group, said the current act was "a joke" and the changes would bring New Zealand more in line with other countries like Australia and Canada.
"We are creating a zero tolerance approach to retail crime. The offenders, they must know the accountability, that there are consequences," he said.
Sectors respond positively
The retail and hospitality sectors said the proposals were a positive step.
Carolyn Young, chief executive of Retail NZ, said current trespass laws were not effective for retailers, as they required retailers to record the name and address of the offender, but in many cases it was not safe or practical to do so.
She said Retail NZ would look to engage with officials to ensure the changes were practical for retailers.
"The new proposals should make it easier for verbal trespass to be effective, and to be supported by CCTV footage to show that a trespass notice has been issued," she said.
Young, who is also a member of the advisory group, said Retail NZ would like to see the maximum trespass period extended beyond three years for particularly violent offenders.
Hospitality New Zealand said the changes would help protect venues, staff, and patrons from repeat offenders.
"On occasion, hospitality operators are forced to deal with disruptive or threatening individuals who return time and again, knowing the consequences are minimal," Hospitality NZ chief executive Steve Armitage said.
"These proposed reforms are a step in the right direction to better safeguard the people who work in service roles, as well as the customers they serve."
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