Latest news with #CrimesAct
Otago Daily Times
02-07-2025
- Politics
- Otago Daily Times
Citizens arrest changes unlikely to improve safety: ministry
The government's proposed citizen's arrest changes are unlikely to have much impact on public safety, according to the justice ministry's analysis. It says there are also risks people would be more likely to use unreasonable force, particularly on children who - being physically smaller - are easier to catch and restrain. In February, the justice minister unveiled proposals for changing up the citizen's arrest regime, after a Ministerial Advisory Group (MAG) led by Sunny Kaushal came up with the recommendations. The changes would remove an old limitation on making citizens arrests at certain hours of the day, and clarify other aspects of the law including that restraints and reasonable force could be used, and requiring people to call police and follow their instructions as soon as practicable. They are set to be combined with a raft of changes to Crimes Act announced this week, including instant fines for shoplifters, higher penalties for assaulting first responders, and making a "coward punch" a specific offence. The ministry's Regulatory Impact Statement showed the approach taken by the government was more conservative than what the MAG initially proposed, but more ambitious than what the ministry would have wanted. It found the changes likely to improve how people understood the law, but unlikely to materially improve public safety. "The changes are coherent, and somewhat minimise the scope for unintended consequences. In of themselves, these proposals are not expected to reduce offending levels but will provide more clarity around how intervention can occur, what should be done following an arrest, and remove confusion as to what degree of force can be used to defend one's property," it said. It found clarifying the rules - that people making citizen's arrests can use restraints and should contact police as soon as practicable - was likely to "codify (but not change) the status quo". However, people could also be encouraged by the changes to use force and restraints to make such arrests, which "may lead to unreasonable use of force and unlawful detention". The ministry said this could be seen as inconsistent with the Bill of Rights, and the use of restraints "is inconsistent with laws regulating the use of force on children and young people". "Agencies believe that specifying the use of restraints (although already allowed under the law) may lead to unreasonable use of restraints, which is especially concerning in relation to alleged youth offenders (who may be more likely to be arrested given they are typically physically easier to restrain that alleged adult offenders). "Further, Māori are more likely to be disproportionately impacted by these changes (if more arrests occur)." Removing restrictions on hitting or doing bodily harm when making an arrest would also mean less confusion about the law and make it more workable and consistent - but again, with no material change to public safety. "No impact on public safety expected as the proposal does not allow for more than reasonable force and there is a minimal risk that retailers or the public will interpret this as allowing excessive force in applicable defence of property scenarios." A cost-benefit analysis suggested the changes would make retailers and security guards' rights and obligations clearer, but this could also come with "minimal" one-off costs and the changes would overall have a "low" level of impact. It also said police had raised concern about several aspects of the changes: a. the inconsistent use of arrest powers and the relative lack of training retailers are likely to have in relation to arrests; b. the risk that more than reasonable force is used - and that prosecutions follow, undermining the policy objectives; c. the vulnerability of children and young people and how they may be detained; d. offenders targeting places with less security (e.g., lone retail operators) or an escalation of violence (that would otherwise not occur) aimed at deterring arrests by retailers; e. that citizens will perform arrests where Police would not, due to evidentiary or public interest thresholds for arrest and charging a suspect not being met - undermining confidence in the criminal justice system; and f. that situations of low-level theft escalate into more serious violent situations. The document said limited time, a narrow scope, few options to consider and a lack of broader consultation all limited the depth of the analysis, and said it would be difficult to assess how effective it was. "This data may be difficult to gather, even with an excess of time, as police are unlikely to record the occurrence of 'citizens' arrests', for example." While police would continue monitoring things like rates of shoplifting, "it will not be possible to determine whether any changes in offending rates are attributed to the changes proposed here, due to the many factors that give rise to offending behaviours". The government is also looking at making sentences for a "coward punch" - a single-strike surprise attack on the head or neck - more strict. An Auckland law professor has previously warned it would be easy for people making citizen's arrests to stray into using unreasonable force - including, for example, a deadly punch.
NZ Herald
01-07-2025
- Politics
- NZ Herald
New fines, longer prison sentences coming for shoplifters
A new fines regime, longer prison sentences and an 'aggravated theft offence' are being introduced to deter shoplifters. In measures announced by the Government today, a new infringement regime will impose a $500 fine on a person stealing goods valued up to $500. For goods worth more than $500, fines would be up to $1,000. A new 'aggravated theft offence' will apply for thieves taking goods worth less than $2000 and if the theft is 'offensive, threatening, insulting, or disorderly'. The Government has strengthened maximum penalties for theft, to one year in prison for stolen goods worth $2000 or less and seven years if the value exceeded $2000. The measures are within the Government's wider reform of the Crimes Act, expected to be introduced to the House this year. It's understood police would have the next year to implement the new fines regime. Justice Minister Paul Goldsmith said light penalties for shoplifting undermined public confidence in the justice system. 'Currently, the administrative burden can deter retailers from making official complaints, and lower-level offending often goes unreported or unpunished. 'It's disheartening, and our Government will not sit by while shoplifters rob businesses of their livelihoods.' The measures originated from the Government's Ministerial Advisory Group, created to combat retail crime. The same group was behind the Government's adoption of new citizen's arrest powers that allowed retailers to detain shoplifters as they waited for police.
Otago Daily Times
30-06-2025
- Politics
- Otago Daily Times
Not ducking the punches
It has been 14 long years, but something akin to progress has finally been made in the wake of the death of Steve Radnoty. The Dunedin 51-year-old died a senseless and pointless death in March 2011, after being victim of what at the time was called a "one-punch attack". Call it that, a "coward's punch" or a "king hit", but they all too often, all too sadly have the same conclusion as Steve Radnoty's case. There are already several offences in the Crimes Act which could cover such a situation: murder, manslaughter, assault ... but many, including Steve Radnoty's family felt that there was nothing on the statute books which covered the situation where an innocent victim was struck, unknowingly, from behind. Taken by surprise and with no means to defend themselves, such blows to the head and or neck had considerable potential to be fatal ones. Such blows which were not lethal had considerable potential to cause lasting brain damage The Radnoty family certainly felt more needed to be done, and in subsequent years have given their support to awareness campaigns and law reform endeavours. Whether the campaigns had any effect is an intangible and unmeasurable thing: it can only be hoped so. But what we do know is that successive governments — some of which made campaign pledges to introduce a specific "coward punch" law — failed to do so. That is about to change with the announcement yesterday that the government intends to take on Paulo Garcia's coward punches member's Bill as government business. It will almost certainly pass. Such legislation is already part of the National-New Zealand First coalition agreement, and it seems highly unlikely that Act New Zealand — which likes to promote its tough on crime credentials — would demur from such a law change. Add to that the legislation is likely to be before the House in the run-up to the next election, and that would make it a difficult law change to oppose. That said, Parliament's drafting staff, and after them the justice select committee, are going to have their work cut out teasing their way through the nuances of the law of assault. The proposed law change would impose a maximum of eight years' imprisonment for a single-punch attack where the offender intended to cause injury, or acted with reckless disregard for safety. Should such a punch result in death that could amount to culpable homicide, bringing with it a maximum penalty of life imprisonment. What lawyers and judges will need to establish, through case law, will be exactly what sort of attacks will warrant the higher tariff, a subjective exercise fraught with hazards and with fertile grounds for appeal. It is these difficulties which may well have stymied such a law change until now. It may well be that they prove to be insurmountable again. But these sorts of crimes horrify the general public. They are often random, and — not that there is anything fair about them — they run counter to people's sense that if you are going to come under attack that you should be able to defend yourself. Whether stiffer penalties are actually a disincentive to commit crimes is another argument entirely, but few will be dismayed that the government is taking action on this front. How the other half lives In the same week that the seemingly never-ending Jeff Bezos-Lauren Sanchez nuptials took place, despite the many complaints of Venice residents, comes news that Anna Mowbray and Ali Williams have secured consent to build a helipad at their estimated $24 million Westmere property. These are not the problems of everyday folk, but everyday folk have never ceased to be fascinated by the circuses of the rich and famous. We are seldom going to be exercised about clearing out a populated city (and tourist hot spot) for a grand party, or where to park our helicopter of an evening. But such extravagances have, from time immemorial, captured people's imaginations. One can only hope the fools who persist in their folly will become wise.
Scoop
29-06-2025
- Health
- Scoop
New Zealand's Outdated HIV Criminalisation Laws Need To Change
Monday, 30 June 2025, 10:49 am Press Release: Burnett Foundation Aotearoa New Zealand is falling behind the rest of the world in decriminalising HIV. In Aotearoa people living with HIV can still be criminalised for not disclosing their status, even when there is no risk of transmission, creating barriers to the global goal of ending HIV transmission. A new nationwide survey launched today is inviting people living with HIV in Aotearoa to share how the country's outdated criminalisation laws and policies have affected their lives, as calls grow for urgent policy reform. The survey will also be assessing knowledge of the laws and public health pathways for managing HIV transmission. Burnett Foundation Aotearoa, in partnership with Body Positive, Positive Women Inc and Toitū Te Ao, has launched the anonymous survey to gather insights from people living with HIV about how implementation of the current criminal laws, stigma, and public attitudes related to the management of HIV transmission have impacted their lives, wellbeing, and relationships. 'It is time that our laws and policies get up to speed with science, fairness, and human rights,' says Burnett Foundation Aotearoa Chief Executive Liz Gibbs. 'Historically, we have been world leaders in our HIV response, but we are falling behind when it comes to how the law treats people living with HIV.' 'Criminalising people living with HIV doesn't reduce transmission. It increases fear and stigma, which discourages people from testing and accessing treatment.' Under the Crimes Act, it is a serious offence to deliberately infect someone with a disease—punishable by up to 14 years in prison—and HIV is the only condition this law is applied to. Using a condom removes the legal need to disclose, but the law hasn't been tested for people with an undetectable viral load, where there is zero risk of passing on the virus. New Zealand's outdated legal system doesn't reflect this scientific reality. New Zealand among top HIV criminalisation hotspots According to international research by the HIV Justice Network, New Zealand ranks among the top 15 HIV criminalisation hotspots in the world. There have been 10 criminal cases per 10,000 diagnosed individuals living with HIV. This places Aotearoa alongside countries like Canada, Russia, and the United States, despite its comparatively low HIV prevalence and small population. 'This kind of data shows how out of proportion our current response is,' says Gibbs. 'It's not just outdated, it's excessive. And it targets some of the most marginalised and vulnerable people in our communities.' Globally, HIV criminalisation has been shown to disproportionately affect people who already face systemic inequality, including those impacted by drug use, sex work, migration status, poverty, gender identity, and sexuality. Many prosecutions proceed even when no HIV transmission has occurred, often based on outdated ideas of risk. Criminalisation a major barrier to HIV elimination To meet the goals in New Zealand's National HIV Action Plan and eliminate new transmissions, Gibbs says we must remove legal barriers that punish rather than support people living with HIV. 'We know what actually prevents transmission: testing, treatment, and education, not laws that scare people out of disclosing their status,' she says. 'We have an opportunity to lead the world again, but only if we listen to those most affected by our current legal framework.' Have your say The survey is open to anyone living with HIV in Aotearoa and takes around 10 minutes to complete. All responses are anonymous. The results will help shape future advocacy, inform legal reform, and improve access to health services. Survey link: More info: © Scoop Media
Perth Now
21-06-2025
- Politics
- Perth Now
New law to close horror ‘loophole'
The NSW government is set to introduce groundbreaking reforms aimed at bolstering support for victims of sexual violence across the state and closing a loophole that left a shocking crime unpunished in some cases. The Minns Labor Government is set to introduce a suite of reforms to parliament next week, bringing NSW into line with relevant Commonwealth offences and increasing protections from sexual exploitation. A new provision to the Crimes Act 1900 will ensure sexual offenders who either sexually assault someone or indecently interfere with their body after death are unable to escape prosecution when the time of death is unknown, making which specific crime occurred unclear. The new provision means when it is clear 'beyond a reasonable doubt 'that one of these two crimes occurred, but it is uncertain due to the timing of death which one, the accused will be sentenced with whichever offence has the lesser maximum penalty. Previously they would have been unpunished. Groundbreaking reforms aimed at bolstering support for victims of sexual violence across the state will be introduced to parliament next week. NewsWire / Simon Bullard. Credit: News Corp Australia The government says the reform is in 'direct response' to issues that arose in the inquest of Mona Lisa and Jacinta Rose 'Cindy' Smith in 2024, and the tireless advocacy of their families for reform. The penalty for indecently assaulting a deceased person will also be increased and criminalising female genital mutilation will also be strengthened. Other amendments to the act will redefine the age threshold for child abuse material offences, raising it from 16 to 18 years, aligning with Commonwealth standards. These reforms are designed to close existing legislative gaps and ensure the safety and wellbeing of children. The Crimes Act will also be amended to 'make it easier to prosecute people who commit sexual acts in the presence of children', the Minns government said in a statement. Changes to the act will also be made to ensure female genital mutilation is considered a crime regardless of the reason or motivation or age of the victim, while ensuring medically necessary practices are protected. The legislation, to be introduced in Parliament the day after the Minns Labor Government hands down the 2025-2026 NSW budget, comes after changes around domestic violence offences. These changes included making it harder for alleged domestic violence offenders to get bail, and introducing electronic monitoring for alleged serious domestic violence offenders. It also strengthened laws to protect against repeated breaches of ADVOs, and made changes to bail courts across NSW to ensure bail decisions are made by magistrates and judges – not registrars. The NSW government is set to introduce new reforms aimed at bolstering support for victims of sexual violence across the state. Photo: NewsWire/ Gaye Gerard Credit: News Corp Australia Attorney-General Michael Daley said the Minns Labor Government stands with victim-survivors. 'We are ensuring that women and children are better protected from sexual abuse and exploitation,' he said. 'Our Government is closing loopholes and strengthening the law to make it easier to prosecute those who commit acts of sexual violence. 'I thank the families of Mona Lisa and Jacinta Rose 'Cindy' Smith for their bravery and advocacy in the face of tragedy to strengthen New South Wales laws to better protect victims.' Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison said the government is 'working to build a safer New South Wales for women and children'. 'Sexual and abuse and exploitation is unacceptable, at the same time as we are investing in support services for victim survivors, we are ensuring that perpetrators are held to account,' she said. 'We will continue to work with experts, advocates and victim survivors to address the impact of domestic and sexual violence across our state.'
