Retailers across New Zealand are applauding the Federal Government’s latest proposal set to tackle retail crime: updating the country’s trespass laws.
The proposed changes to the Trespass Act include boosting the maximum trespass period from two years to three years, allowing businesses to trespass individuals from multiple locations, and increasing the maximum fine for anyone refusing to leave when asked, or returning when trespassed, from NZ$1,000 to NZ$2,000.
The government is also planning to increase the maximum fine for anyone refusing to give their name and address when requested, or giving false information, from NZ$500 to NZ$1,000.
Peak body Retail NZ called the proposals a positive step in the fight against retail crime. This comes days after the government revealed plans to increase penalties for retail theft, with the Privacy Commissioner also greenlighting the use of facial recognition technology last month.
The peak body’s chief executive Carolyn Young said she and her team have long been advocating for the trespass laws to be updated.
“Retailers are crying out for proactive solutions that prevent crime and enhance the safety of their staff and customers,” Young said. “Our members continue to face high rates of violence and crime, putting both their employees and the public at risk, as well as threatening the financial sustainability of retail businesses.”
Young is a member of the Ministerial Advisory Group on retail crime which is developing proposals to tackle retail crime.
According to Young, the current trespass laws are not effective for retailers as they require that retailers record the name and address of the offender, but in many situations it is not safe or practical to obtain this information.
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.
Speaking on the new proposals, Justice Minister Paul Goldsmith said the current trespass laws are no longer fit for purpose.
“They’re difficult to enforce and often criminals take no notice,” Goldsmith said. “They return with impunity and just continue to rob businesses of their livelihoods.
“Our plan to restore law and order is working, but there’s still more work to be done. Trespass laws are an area we know will make a world of difference to the community.”
Goldsmith added that businesses need extra tools to better protect their properties, keep offenders away, and stop them from coming back.
Meanwhile, Associate Justice Minister Nicole McKee said offenders have treated trespass notices like a joke.
“These changes send a clear message: enough is enough,” McKee said. “If you threaten retail workers or steal from businesses, don’t expect to walk back in like nothing happened.
“Every New Zealander deserves to feel safe at work, especially our frontline retailers. These reforms aren’t just about fines and paperwork; they are about making retail spaces safer and giving businesses the respect they deserve.”
Some further details on the proposals are still being worked through, and Retail NZ will look to engage with officials as they draw up the amendments to the Trespass Act.
Retail NZ added it would like to see the maximum trespass period extended beyond three years for particularly violent offenders, but welcomed the initiatives to allow retailers to bar offenders from several locations at once and the extension of the maximum trespass period to three years.
Retail crime is a significant issue in New Zealand, impacting more than 99 per cent of retailers and costing well over $2.6 billion a year.